sec.232Exclusion orders

sec.232 Exclusion orders

The court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, if the court considers the person to be a systematic or persistent offender against an Australian rail safety law, make an order under this section. For the purpose of restricting opportunities for the person to commit or be involved in commission of further offences against this Law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from— managing rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction; or being involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction except by driving a train or rolling stock. The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to— the offences against an Australian rail safety law of which the person has previously been found guilty; and the offences against an Australian rail safety law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations. A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of— the Regulator; or the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment. A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. (sec.232-ssec.1) The court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, if the court considers the person to be a systematic or persistent offender against an Australian rail safety law, make an order under this section. (sec.232-ssec.2) For the purpose of restricting opportunities for the person to commit or be involved in commission of further offences against this Law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from— managing rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction; or being involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction except by driving a train or rolling stock. (sec.232-ssec.3) The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to— the offences against an Australian rail safety law of which the person has previously been found guilty; and the offences against an Australian rail safety law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations. (sec.232-ssec.4) A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of— the Regulator; or the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment. (sec.232-ssec.5) A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000.