sec.154Power to require production of documents and answers to questions

sec.154 Power to require production of documents and answers to questions

A rail safety officer who enters a place under this Division may— require a person to tell the officer who has custody of, or access to, a document; or 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 require a person at the place to answer any questions put by the officer. 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. An interview conducted by a rail safety officer under subsection (1) (c) must be conducted in private if— the rail safety officer considers it appropriate; or the person being interviewed so requests. 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. Subsection (3) may be invoked during an interview by— the rail safety officer; or the person being interviewed, in which case the subsection applies to the remainder of the interview. A person must not, without reasonable excuse, fail to comply with a requirement under this section. Maximum penalty: in the case of an individual—$5 000; in the case of a body corporate—$25 000. Subsection (6) places an evidential burden on the accused to show a reasonable excuse. (sec.154-ssec.1) A rail safety officer who enters a place under this Division may— require a person to tell the officer who has custody of, or access to, a document; or 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 require a person at the place to answer any questions put by the officer. (sec.154-ssec.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. (sec.154-ssec.3) An interview conducted by a rail safety officer under subsection (1) (c) must be conducted in private if— the rail safety officer considers it appropriate; or the person being interviewed so requests. (sec.154-ssec.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. (sec.154-ssec.5) Subsection (3) may be invoked during an interview by— the rail safety officer; or the person being interviewed, in which case the subsection applies to the remainder of the interview. (sec.154-ssec.6) A person must not, without reasonable excuse, fail to comply with a requirement under this section. Maximum penalty: in the case of an individual—$5 000; in the case of a body corporate—$25 000. (sec.154-ssec.7) Subsection (6) places an evidential burden on the accused to show a reasonable excuse.