sec.159Directions relating to seizure

sec.159 Directions relating to seizure

To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it— to take it to a specified place within a specified time; and if necessary, to remain in control of it at the specified place for a period specified in the direction. A direction under subsection (1) — must be given by signed written notice given to the person; or if for any reason it is not practicable to give a signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable. A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction. A further direction may (for example) be that the thing be transported during stated off‐peak hours, be transported along a particular route, or be transported in a particular way. A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse. Maximum penalty: $5 000. Subsection (4) places an evidential burden on the accused to show a reasonable excuse. Without limiting what may otherwise be a reasonable excuse under subsection (4) , it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable. In this section— in control , in relation to a thing, means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing. (sec.159-ssec.1) To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it— to take it to a specified place within a specified time; and if necessary, to remain in control of it at the specified place for a period specified in the direction. (sec.159-ssec.2) A direction under subsection (1) — must be given by signed written notice given to the person; or if for any reason it is not practicable to give a signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable. (sec.159-ssec.3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction. A further direction may (for example) be that the thing be transported during stated off‐peak hours, be transported along a particular route, or be transported in a particular way. (sec.159-ssec.4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse. Maximum penalty: $5 000. (sec.159-ssec.5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse. (sec.159-ssec.6) Without limiting what may otherwise be a reasonable excuse under subsection (4) , it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable. (sec.159-ssec.7) In this section— in control , in relation to a thing, means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing.