149Securing a site or rolling stock

149 Securing a site or rolling stock

149 Securing a site or rolling stock

(1) For the purpose of protecting evidence that might be relevant for compliance or investigative purposes, an authorised officer may secure rolling stock or the perimeter of any site at a place by whatever means the authorised officer considers appropriate.

(2) A person must not, without the permission of an authorised officer—

(a) enter or remain near rolling stock that is secured under this section; or

(b) enter or remain at a site the perimeter of which is secured under this section.

Maximum penalty—$10 000.

(3) Subsection (2) does not apply if the person enters the rolling stock or site, or remains near or at the rolling stock or site—

(a) to ensure the safety of persons; or

(b) to remove deceased persons or animals from the rolling stock or site; or

(c) to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or

(d) to protect the environment from significant damage or pollution.

(4) An authorised officer must not unreasonably withhold a permission referred to in subsection (2).

(5) In this section—

authorised officer means a rail safety officer or a police officer.

Note.

See also Part 5 Division 3 which provides for the issue of a non-disturbance notice.

s 149: Am 2016 No 31, sec 7.