154Power to require production of documents and answers to questions

154 Power to require production of documents and answers to questions

154 Power to require production of documents and answers to questions

(1) A rail safety officer who enters a place under this Division may—

(a) require a person to tell the officer who has custody of, or access to, a document; or

(b) require a person who has custody of, or access to, a document to produce that document to the officer while the officer is at the place, or within a specified period; or

(c) require a person at the place to answer any questions put by the officer.

(2) A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the rail safety officer to have immediate access to the document.

(3) An interview conducted by a rail safety officer under subsection (1)(c) must be conducted in private if—

(a) the rail safety officer considers it appropriate; or

(b) the person being interviewed so requests.

(4) Subsection (3) does not limit the operation of section 146 or prevent a representative of the person being interviewed from being present at the interview.

(5) Subsection (3) may be invoked during an interview by—

(a) the rail safety officer; or

(b) the person being interviewed,

in which case the subsection applies to the remainder of the interview.

(6) A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Maximum penalty—

(a) in the case of an individual—$5 000;

(b) in the case of a body corporate—$25 000.

(7) Subsection (6) places an evidential burden on the accused to show a reasonable excuse.