2A person appointed under subsection (1) may be a police officer of a participating jurisdiction.

2 A person appointed under subsection (1) may be a police officer of a participating jurisdiction. (2) Without limiting the conditions to which the appointment of a rail safety officer may be subject, a condition may specify 1 or more of the following: (a) functions under this Law that may not be exercised by the officer; (b) the only functions under this Law that may be exercised by the officer; (c) the circumstances or manner in which a function under this Law may be performed by the officer. 136—Identity cards (1) The Regulator must give each rail safety officer an identity card that states the person's name and appointment as a rail safety officer and includes any other matter prescribed by the national regulations. (2) A rail safety officer must produce his or her identity card for inspection on request when exercising a function under this Law. (3) If a person to whom an identity card has been issued ceases to be a rail safety officer, the person must return the identity card to the Regulator as soon as practicable. 137—Accountability of rail safety officers (1) A rail safety officer must give written notice to the Regulator of all interests, pecuniary or otherwise, that the officer has, or acquires, and that conflict or could conflict with the proper exercise of the officer's functions. (2) The Regulator must give a direction to a rail safety officer not to deal, or to no longer deal, with a matter if the Regulator becomes aware that the officer has a potential conflict of interest in relation to a matter and the Regulator considers that the officer should not deal, or should no longer deal, with the matter. 138—Suspension and ending of appointment of rail safety officers (1) The Regulator may suspend or end the appointment of a rail safety officer. (2) A person's appointment as a rail safety officer ends when the person ceases to be eligible for appointment as a rail safety officer. Division 3—Regulator has functions and powers of rail safety officers 139—Regulator has functions and powers of rail safety officers (1) The Regulator has all the functions and powers that a rail safety officer has under this Law. (2) Accordingly, a reference in this Law to a rail safety officer includes a reference to the Regulator. Division 4—Functions and powers of rail safety officers 140—Functions and powers A rail safety officer has the following functions and powers under this Law: (a) to provide information and advice about compliance with this Law; (b) to require compliance with this Law through the issuing of notices; (c) to investigate contraventions of this Law and assist in the prosecution of offences; (d) other functions or powers conferred by the national regulations. 141—Conditions on rail safety officers' powers A rail safety officer's powers under this Law are subject to any conditions specified in the instrument of the officer's appointment. 142—Rail safety officers subject to Regulator's directions (1) A rail safety officer is subject to the directions of the Regulator in the exercise of his or her powers under this Law. (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter. Division 5—Powers relating to entry Subdivision 1—General powers of entry 143—Powers of entry (1) A rail safety officer may at any time enter a place that is, or that the officer reasonably suspects is, railway premises. (2) If a rail safety officer enters a place under subsection (1) and it is not railway premises, the officer must leave the place immediately. (3) A rail safety officer may enter a place that adjoins railway premises if the entry is urgently required for the purpose of dealing with a railway accident or incident. (4) An entry may be made under subsection (1) or (3) with or without the consent of the person with control or management of the place. (5) A rail safety officer may enter any place if the entry is authorised by a search warrant. A rail safety officer may enter residential premises to gain access to railway premises—see section 153(c). 144—Notification of entry (1) A rail safety officer may enter a place under section 143 without prior notice to any person. (2) A rail safety officer must, as soon as practicable after entry to a place that is, or that the officer reasonably suspects is, railway premises, take all reasonable steps to notify the person with control or management of the place. (3) However, a rail safety officer is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay. 145—General powers on entry (1) A rail safety officer who enters a place under section 143 may do any of the following: (a) inspect, examine and make inquiries at the place; (b) inspect and examine any thing (including a document) at the place; (c) bring to the place and use any equipment or materials that may be required; (d) enter or open, using reasonable force, rail infrastructure, rolling stock, a road vehicle or other thing to examine the rail infrastructure, rolling stock, road vehicle or other thing; (e) give directions with respect to the stopping or movement of any rolling stock or road vehicle; (f) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers; (g) conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings); (h) mark, tag or otherwise identify rolling stock, a road vehicle or other thing; (i) seize any thing (including a document) at the place if the officer reasonably believes the thing is evidence of an offence against this Law; (j) take and remove for analysis, testing or examination a sample of any substance or thing without paying for it; (k) require a person at the place to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (j); (l) exercise any power that is reasonably necessary to be exercised by the officer for the purposes of this Law. (2) A film, photograph, video or digital recording, or other image, taken under subsection (1)(g) of rail infrastructure, or of any part of rail infrastructure, is not inadmissible as evidence by reason only of the fact that it includes the likeness of 1 or more persons if the capturing of that likeness is incidental to the taking of the film, photograph, video or digital recording, or other image. (3) A person required to give reasonable help under subsection (1)(k) must not, without reasonable excuse, fail to comply with the requirement. (4) Subsection (3) places an evidential burden on the accused to show a reasonable excuse. reasonable help includes— (a) assistance to enable the rail safety officer to find and gain access to electronically stored material and information; and (b) unloading rolling stock; and (c) running the engine of a locomotive; and (d) driving a train; and (e) giving the rail safety officer assistance to enter any rail infrastructure or any part of rail infrastructure, or open rolling stock or any part of rolling stock. 146—Persons assisting rail safety officers (1) A person (the assistant), including an interpreter, may accompany a rail safety officer entering a place under this Part to assist the officer if the officer considers the assistance necessary. (2) The assistant— (a) may do such things at the place and in such manner as the rail safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Law; but (b) must not do anything that the officer does not have power to do, except as permitted under a search warrant. (3) Anything done lawfully by the assistant is taken for all purposes to have been done by the rail safety officer. 147—Use of electronic equipment (1) Without limiting section 145, if— (a) a thing found in or on rolling stock or a road vehicle, or at a place, is, or includes, a disk, tape or other device for the storage of information; and (b) the equipment in or on the rolling stock or road vehicle, or at the place, may be used with the disk, tape or other device, the rail safety officer, or a person assisting the officer, may operate the equipment to access the information. (2) A rail safety officer, or a person assisting a rail safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment. 148—Use of equipment to examine or process things (1) Without limiting section 145, a rail safety officer exercising a power under this Part may bring to, onto, or into, rolling stock, a road vehicle or a place any equipment reasonably necessary for the examination or processing of things found at, on or in the rolling stock, road vehicle or place in order to determine whether they are things that may be seized. (2) The rail safety officer, or a person assisting the officer, may operate equipment already in or on the rolling stock or road vehicle, or at the place, to carry out the examination or processing of a thing found in or on the rolling stock or road vehicle, or at the place in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that— (a) the equipment is suitable for the examination or the processing; and (b) the examination or processing can be carried out without damage to the equipment. 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. (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). authorised officer means a rail safety officer or a police officer. See also Part 5 Division 3 which provides for the issue of a non‑disturbance notice. Subdivision 2—Search warrants 150—Search warrants (1) A rail safety officer may apply to a magistrate for a search warrant for a place. (2) Subject to subsection (6), the application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the rail safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. (4) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Law; and (b) the evidence is, or may be within the next 72 hours, at the place. (5) Subject to subsection (6), the search warrant must state— (a) that a stated rail safety officer may, with necessary and reasonable help and force, enter the place and exercise the powers of the officer; and (b) the offence for which the search warrant is sought; and (c) the evidence that may be seized under the search warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 7 days after the search warrant's issue, the search warrant ends. (6) A rail safety officer may apply to a magistrate for a search warrant by telephone, fax or other prescribed means if the officer considers the urgency of the situation requires it and, in such a case, the following provisions will apply: (a) the magistrate may complete and sign the warrant without the provision of sworn evidence and without a written application that states the grounds on which the warrant is sought if the magistrate is satisfied that there are reasonable grounds for issuing the warrant urgently; (b) if the magistrate completes and signs a warrant under paragraph (a), the magistrate must then tell the officer— (i) the terms of the warrant (as contemplated by subsection (5)); and (ii) the date on which, and the time at which, the warrant was signed; (c) if steps are taken under paragraph (b), the officer must then— (i) complete a form of warrant in the same terms as the warrant signed by the magistrate and write on the form— (A) the name of the magistrate; and (B) the date on which, and the time at which, the warrant was signed; and (ii) send the magistrate the completed form of warrant not later than the day after the warrant is executed or comes to an end; (d) a form of warrant completed by an officer under paragraph (c) has the same force and effect as a warrant signed by the magistrate under subsections (4) and (5). 151—Announcement before entry on warrant (1) Before executing a search warrant, the rail safety officer named in the warrant or an assistant to the officer must— (a) announce that he or she is authorised by the warrant to enter the place; and (b) give any person at the place an opportunity to allow that entry. (2) However, the rail safety officer or an assistant to the officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure— (a) the safety of any person; or (b) that the effective execution of the warrant is not frustrated. 152—Copy of warrant to be given to person with control or management of place If the person who has or appears to have control or management of a place is present at the place when a search warrant is being executed, the rail safety officer must— (a) identify himself or herself to that person by producing his or her identity card for inspection; and (b) give that person a copy of the warrant. Subdivision 3—Limitation on entry powers 153—Places used for residential purposes Despite anything else in this Division, the powers of a rail safety officer under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except— (a) with the consent of the person with control or management of the place; or (b) under the authority conferred by a search warrant; or (c) for the sole purpose of gaining access to suspected railway premises, but only— (i) if the officer reasonably believes that no reasonable alternative access is available; and (ii) at a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought. Subdivision 4—Specific powers on entry 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. (7) Subsection (6) places an evidential burden on the accused to show a reasonable excuse. 155—Abrogation of privilege against self‑incrimination (1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty. (2) However, the answer to a question or information or a document provided by an individual is not admissible as evidence against that individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, information or document. 156—Warning to be given (1) Before requiring a person to answer a question or provide information or a document under this Part, a rail safety officer must— (a) identify himself or herself to the person as a rail safety officer by producing the officer's identity card or in some other way; and (b) warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and (c) warn the person about the effect of section 155; and (d) advise the person about the effect of section 245. (2) It is not an offence for an individual to refuse to answer a question put by a rail safety officer or provide information or a document to a rail safety officer under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c). (3) Nothing in this section prevents a rail safety officer from obtaining and using evidence given to the officer voluntarily by any person. 157—Power to copy and retain documents (1) A rail safety officer may— (a) make copies of, or take extracts from, a document given to the officer in accordance with a requirement under this Law; and (b) keep that document for the period that the officer considers necessary. (2) While a rail safety officer retains custody of a document, the officer must permit the following persons to inspect or make copies of the document at all reasonable times: (a) the person who produced the document; (b) the owner of the document; (c) a person authorised by a person referred to in paragraph (a) or (b). Subdivision 5—Powers to support seizure 158—Power to seize evidence etc (1) A rail safety officer who enters railway premises under section 143 may seize anything (including a document) at the premises if the officer reasonably believes the thing is evidence of an offence against this Law. (2) A rail safety officer who enters a place with a search warrant may seize the evidence for which the warrant was issued. (3) A rail safety officer may also seize anything else at the place if the officer reasonably believes— (a) the thing is evidence of an offence against this Law; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. 159—Directions relating to seizure (1) To enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it— (a) to take it to a specified place within a specified time; and (b) if necessary, to remain in control of it at the specified place for a period specified in the direction. (2) A direction under subsection (1)— (a) must be given by signed written notice given to the person; or (b) 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. (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. (4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse. (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. (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. 160—Rail safety officer may direct a thing's return (1) If a rail safety officer has directed a person to take a thing to a specified place within a specified time under section 159(1), a rail safety officer may direct the person to return the thing to the place from which it was taken. (2) A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse. (3) Subsection (2) places an evidential burden on the accused to show a reasonable excuse. 161—Receipt for seized things (1) After a rail safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing. (2) However, if for any reason it is not practicable to comply with subsection (1), the rail safety officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally the thing seized and its condition. (4) This section does not apply if it would be impracticable or unreasonable to expect the rail safety officer to account for the thing, given its condition, nature and value. 162—Forfeiture of seized things (1) A seized thing is forfeited to the Regulator if the Regulator— (a) cannot find the person entitled to the thing after making reasonable inquiries; or (b) cannot return it to the person entitled to it, after making reasonable efforts; or (c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Law. (2) Subsection (1)(a) does not require the Regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing. (3) Subsection (1)(b) does not require the Regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it. (4) If the Regulator decides to forfeit the thing under subsection (1)(c), the Regulator must tell the person entitled to the thing of the decision by written notice. (5) Subsection (4) does not apply if— (a) the Regulator cannot find the person entitled to the thing, after making reasonable inquiries; or (b) it is impracticable or would be unreasonable to give the notice. (6) The notice must state— (a) the reasons for the decision; and (b) information about the right of review under Part 7. (7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value. (8) Any costs reasonably incurred by the Regulator in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Regulator from that person. (9) In this section— person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing. 163—Return of seized things (1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Regulator for the return of the thing after the end of 6 months after it was seized. (2) The Regulator must return the thing to the applicant under subsection (1) unless the Regulator has reasonable grounds to retain the thing. (3) The Regulator may impose any conditions on the return of the thing under this section that the Regulator considers appropriate to eliminate or minimise any risk to rail safety related to the thing. person entitled to a thing means the person entitled to possess the thing or the owner of the thing. 164—Access to seized thing (1) Until a seized thing is forfeited or returned under this Part, a rail safety officer must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying. Division 6—Damage and compensation 165—Damage etc to be minimised In the exercise, or purported exercise, of a power under this Law, a rail safety officer must take all reasonable steps to ensure that the officer, and any assistant to the officer, cause as little inconvenience, detriment and damage as is practicable. 166—Rail safety officer to give notice of damage (1) This section applies if a rail safety officer or an assistant to a rail safety officer damages a thing when exercising or purporting to exercise a power under this Law. (2) The rail safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing. (3) If the rail safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the rail safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to damage the rail safety officer reasonably believes is trivial. 167—Compensation (1) A person may claim compensation from the Regulator if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 5. (2) Compensation may be claimed and ordered in a proceeding— (a) brought in a court of competent jurisdiction; or (b) for an offence against this Law brought against the person claiming compensation. (3) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) The national regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. 168—Power to require name and address (1) A rail safety officer may require a person to provide the person's name and residential address if— (a) the officer finds the person committing an offence against this Law; or (b) the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Law; or (c) the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Law. (2) When asking a person to provide the person's name and residential address, the rail safety officer must— (a) tell the person the reason for the requirement to provide the person's name and residential address; and (b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse. (3) If the rail safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness. (4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3). 168A—Power to direct production of documents (1) A rail safety officer may direct a person to make available for inspection by the officer, or produce to the officer for inspection, at a specified time and place— (a) a document that is required to be kept by the person under this Law; or (b) a document that is prepared by the person under this Law for the management of rail infrastructure or the operation of rolling stock that the officer reasonably believes is necessary for the officer to consider to understand or verify a document that is required to be kept under this Law; or (c) a document held by, or under the control of, the person relating to the carrying out of railway operations. A safety management system may require testing of equipment as part of a scheduled maintenance program and a record of the results of the test to be kept. If an item of equipment is tested in accordance with the safety management system, the document that states the results of the test is a document prepared under the safety management system. (2) When giving a direction under subsection (1), the rail safety officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse. (3) The rail safety officer may keep the document to copy it but must return the document to the person after copying it. (4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1). 169—Rail safety officer may take affidavits A rail safety officer is authorised to take affidavits for any purpose relating or incidental to the exercise of his or her powers under this Law. 170—Attendance of rail safety officer at inquiries A rail safety officer may participate in any inquiry into the cause of any death or injury of a rail safety worker while carrying out rail safety work, or into any other incident or event relevant to safety at railway premises. 171—Directions may be given under more than 1 provision (1) A rail safety officer may, on the same occasion, give directions under 1 or more provisions of this Law. (2) Without limiting subsection (1), a rail safety officer may, in the course of exercising powers under a provision of this Law, give— (a) further directions under the provision; or (b) directions under 1 or more other provisions of this Law, or both. Division 8—Offences in relation to rail safety officers 172—Offence to hinder or obstruct rail safety officer A person must not intentionally hinder or obstruct a rail safety officer in exercising his or her powers under this Law, or induce or attempt to induce any other person to do so. 173—Offence to impersonate rail safety officer A person who is not a rail safety officer must not, in any way, hold himself or herself out to be a rail safety officer. 174—Offence to assault, threaten or intimidate rail safety officer A person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, a rail safety officer or a person assisting a rail safety officer. (a) in the case of an individual—$50 000 or imprisonment for 2 years, or both; (b) in the case of a body corporate—$250 000. Part 5—Enforcement measures Division 1—Improvement notices 175—Issue of improvement notices (1) This section applies if a rail safety officer reasonably believes that a person— (a) is contravening a provision of this Law; or (b) has contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; or (c) is carrying out or has carried out— (i) railway operations that threaten safety; or (ii) other operations that threaten rail safety. (2) Subject to this section, the rail safety officer may issue an improvement notice requiring the person— (a) to remedy the contravention; or (b) to prevent a likely contravention from occurring; or (c) to remedy the things or operations causing the contravention or likely contravention; or (d) to carry out railway operations or other operations so that safety is not threatened or likely to be threatened. (3) Before serving an improvement notice issued to a person on a ground stated in subsection (1)(a) or (b) that includes a direction that the person take specified action to remedy the contravention or prevent the likely contravention, or to remedy the things or operations causing the contravention or likely contravention, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person— (b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. (4) Before serving an improvement notice issued to a person on a ground stated in subsection (1)(c) that includes a direction that the person take specified action by which railway operations or other operations may be carried out so that safety is not threatened or likely to be threatened, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person— (b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. (5) Subsections (3) and (4) do not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the person or any other person, the Regulator must, as soon as practicable after taking the action— (b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. 176—Contents of improvement notices (1) An improvement notice must— (a) if the notice relates to a contravention or likely contravention of this Law— (i) state that the rail safety officer believes the person— (A) is contravening a provision of this Law; or (B) has contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; and (ii) state the provision the officer believes is being, or has been, contravened; and (iii) briefly, state how the provision is being, or has been, contravened; and (iv) state the day before which the person is required to remedy the contravention or likely contravention; and (b) in any other case— (i) state that the rail safety officer believes the person is carrying out or has carried out— (A) railway operations that threaten safety; or (B) other operations that threaten rail safety; and (ii) briefly, state how— (A) the railway operations are threatening, or have threatened, safety; or (B) the other operations are threatening, or have threatened, rail safety; and (iii) state the day before which the person is required to carry out railway operations or other operations so that safety is not threatened or likely to be threatened; and (c) if a cost‑benefit analysis has been carried out under section 175, set out the results of that analysis; and (d) set out the penalty for non‑compliance with the notice; and (e) include information about the right to a review under Part 7 of the decision to serve the notice; and (f) state that the notice is served under this section. (2) An improvement notice served on a person on a ground stated in section 175(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates. (3) An improvement notice served on a person on the ground stated in section 175(1)(c) may include directions concerning the action to be taken by which railway operations or other operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened. (4) The day stated for compliance with the improvement notice must be reasonable in all the circumstances. 177—Compliance with improvement notice The person to whom an improvement notice is issued must comply with the notice within the period specified in the notice. 178—Extension of time for compliance with improvement notices (1) This section applies if a person has been issued with an improvement notice. (2) A rail safety officer may, by written notice given to the person, extend the compliance period for the improvement notice. (3) However, the rail safety officer may only extend the compliance period if the period has not ended. compliance period means the period stated in the improvement notice under section 176, and includes that period as extended under this section. Division 2—Prohibition notices 179—Issue of prohibition notice (1) This section applies if a rail safety officer reasonably believes that— (a) an activity is occurring in relation to railway operations or railway premises that involves or will involve an immediate risk to safety; or (b) an activity may occur in relation to railway operations or railway premises that, if it occurs, will involve an immediate risk to safety; or (c) an activity may occur at, on, or in, the immediate vicinity of rail infrastructure or rolling stock that, if it occurs, will involve an immediate risk to safety. (2) The rail safety officer may issue a prohibition notice to a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until a rail safety officer is satisfied that the matters that give or will give rise to the risk have been remedied. (3) A prohibition notice may be issued orally, but must be confirmed by written notice given to the person as soon as practicable. 180—Contents of prohibition notice (1) A prohibition notice must— (a) state that the rail safety officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and (b) briefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and (c) state the provision (if any) of this Law that the officer believes is being, or is likely to be, contravened by that activity; and (d) set out the penalty for contravening the notice; and (e) include information about the right to a review under Part 7 of the decision to serve the notice; and (f) state that the notice is served under this section. (2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c). (3) A direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c). (4) Without limiting section 179, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following: (a) a place, or part of a place, at which the activity is not to be carried out; (b) any thing that is not to be used in connection with the activity; (c) any procedure that is not to be followed in connection with the activity. 181—Compliance with prohibition notice The person to whom a direction is given under this Division or a prohibition notice is issued must comply with the direction or notice. Division 3—Non‑disturbance notices 182—Issue of non‑disturbance notice A rail safety officer may issue a non‑disturbance notice to the person with control or management of railway premises if the officer reasonably believes that it is necessary to do so to facilitate the exercise of his or her powers under this Law. 183—Contents of non‑disturbance notice (1) A non‑disturbance notice may require the person to— (a) preserve the site at which a notifiable occurrence has occurred for a specified period; or (b) prevent the disturbance of a particular site (including the operation of plant or rolling stock) in other circumstances for a specified period that is reasonable in the circumstances. (2) A non‑disturbance notice must specify the period (of no more than 7 days) for which it applies and set out— (a) the obligations of the person to whom the notice is issued; and (b) the measures to be taken to preserve a site or prevent disturbance of a site; and (c) information about the right to a review under Part 7 of the decision to serve the notice; and (d) the penalty for contravening the notice. (3) In subsection (1), a reference to a site includes any rail infrastructure, rolling stock, substance or other thing associated with the site. (4) A non‑disturbance notice does not prevent any action— (a) to assist an injured person; or (b) to remove a deceased person; or (c) that is essential to make the site safe or prevent a further incident; or (d) that is associated with a police investigation; or (e) in respect of which a rail safety officer has given permission. 184—Compliance with non‑disturbance notice (1) A person must not, without reasonable excuse, fail to comply with a non‑disturbance notice issued to the person. 185—Issue of subsequent notices If a rail safety officer considers it necessary to do so, he or she may issue 1 or more subsequent non‑disturbance notices to a person, whether before or after the expiry of the previous notice, each of which must comply with section 183. Division 4—General requirements applying to notices 186—Application of Division notice means an improvement notice, or a prohibition notice or non‑disturbance notice. 187—Notice to be in writing (1) Subject to subsection (2), a notice must be in writing. (2) A prohibition notice may be issued orally, but must be confirmed by written notice as soon as practicable. 188—Directions in notices A direction included in an improvement notice or prohibition notice may— (a) refer to an approved code of practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the contravention. 189—Recommendations in notice (1) An improvement notice or prohibition notice may include recommendations. (2) It is not an offence to fail to comply with recommendations in an improvement notice or a prohibition notice. 190—Variation or cancellation of notice by rail safety officer (1) A rail safety officer may make minor changes to a notice— (a) for clarification; or (b) to correct errors or references; or (c) to reflect changes of address or other circumstances. (2) A rail safety officer may extend the compliance period for an improvement notice in accordance with section 178. (3) A rail safety officer may cancel a notice. 191—Formal irregularities or defects in notice A notice is not invalid merely because of— (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or (b) a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued or given to the person in accordance with section 192. 192—Serving notices (1) A notice may be served on a person— (a) in accordance with section 258; or (b) by leaving it for the person at the railway premises to which the notice relates with a person who is or appears to be the person with control or management of the premises; or (c) in a prescribed manner. (2) The national regulations may prescribe— (a) the manner of serving a notice; and (b) the steps a person on whom a notice is served must take to bring it to the attention of other persons. Division 5—Remedial action 193—When Regulator may carry out action (1) This section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice. (2) The Regulator may take any remedial action the Regulator believes reasonable to make the railway premises or situation safe after giving written notice to the person to whom the prohibition notice was issued of— (a) the Regulator's intention to take that action; and (b) the owner's or person's liability for the costs of that action. 194—Power of Regulator to take other remedial action (1) This section applies if the Regulator reasonably believes that— (a) circumstances in which a prohibition notice can be issued exist; and (b) a prohibition notice cannot be issued at railway premises because, after taking reasonable steps, the person with control or management of the premises cannot be found. (2) The Regulator may take any remedial action necessary to make the railway premises safe. 195—Costs of remedial or other action The Regulator may recover the reasonable costs of any remedial action taken under— (a) section 193 from the person to whom the notice is issued; or (b) section 194 from any person to whom the prohibition notice could have been issued in respect of the matter, as a debt due to the Regulator. Division 6—Injunctions 196—Application of Division notice means an improvement notice, or a prohibition notice or non‑disturbance notice. 197—Injunctions for non‑compliance with notices (1) The Regulator may apply to the court for an injunction— (a) compelling a person to comply with a notice; or (b) restraining a person from contravening a notice. (2) The Regulator may do so— (a) whether or not proceedings have been brought for an offence against this Law in connection with any matter in respect of which the notice was issued; and (b) whether any period for compliance with the notice has expired. Division 7—Miscellaneous 198—Response to certain reports (1) The Regulator may, if of the opinion as a result of a report to which this section applies that action is necessary for the purpose of the safe construction or operation of a railway, direct a rail transport operator, by written notice, to install on or with respect to the infrastructure of the railway, or on or with respect to rolling stock, within the time specified in the notice, safety or protective systems, devices, equipment or appliances specified in the notice. (2) A direction under this section must state the reasons why the Regulator considers it is necessary for the rail transport operator to take the action specified in the direction and include information about the right of review under Part 7. (3) If the action specified to be taken in a direction is, in the opinion of the Regulator, likely to result in significant costs or expenses to the rail transport operator, the Regulator must, before giving the direction— (a) conduct or cause to be conducted a cost‑benefit analysis of the effect of taking the action; and (b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. (4) A rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section. (6) A report to which this section applies is— (a) a report (including any recommendations) following an inquest held by a coroner under an Act of a participating jurisdiction; or (b) a report of an investigation held under the Transport Safety Investigation Act 2003 of the Commonwealth; or (c) any other report of an investigation into a matter relating to rail safety. 199—Power to require works to stop (1) A person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten— (a) the safety of the railway; or (b) the operational integrity of the railway, notify the relevant rail infrastructure manager of the intention to carry out those works. (1a) If a rail infrastructure manager believes on reasonable grounds that proposed works of which the manager has been notified under subsection (1) threaten, or are likely to threaten— (a) the safety of the manager's railway; or (b) the operational integrity of the manager's railway, the manager may, by written notice, give the person advice in connection with the proposed work. (2) If— (a) a person is carrying out, or proposes to carry out, works near a railway; and (b) the Regulator believes on reasonable grounds that the works threaten, or are likely to threaten— (i) the safety of the railway; or (ii) the operational integrity of the railway, the Regulator may, by written notice, give the person a direction to stop, alter or not to commence the work. (3) If— (a) a rail transport operator is carrying out, or proposes to carry out, railway operations on or near land on which there is infrastructure, or works, of a utility; and (b) the Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten— (i) the safety of the utility infrastructure or works; or (ii) the safe provision by the utility of water, gas or electricity or other like services, the Regulator may, by written notice, give the operator a direction to stop, alter or not to commence the railway operations. (4) A person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse. (5) If a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3), the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice. (6) A person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse. (7) Subsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse. (8) Subject to subsection (9), a notice under this section must— (a) include information about the right to a review under Part 7 of the decision to serve the notice; and (b) state that the notice is served under this section. (9) Subsection (8)(a) does not apply to a notice under subsection (1a). 200—Temporary closing of level crossings, bridges etc (1) An authorised officer may close temporarily or regulate a level crossing, bridge, subway or other structure for crossing or passing over or under a railway if satisfied it is necessary because of an immediate threat to safety. (2) If an authorised officer decides to close temporarily or regulate a level crossing, bridge, subway or other structure, the authorised officer must, as soon as practicable after its closure or regulation, notify the person or authority responsible for the level crossing, bridge, subway or other structure of its closure or regulation. authorised officer means— (a) a person who holds a specific authority from the Regulator for the purposes of this section; or (b) a person who holds a specific authority issued by an accredited person for the purposes of this section. 201—Use of force A power conferred by this Law to enter railway premises, or to do anything in or on railway premises, may not be exercised unless the rail safety officer or a person assisting a rail safety officer proposing to exercise the power, uses no more force than is reasonably necessary to effect the entry or to do the thing for which the entry is effected. 202—Power to use force against persons to be exercised only by police officers A provision in this Law that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person. Part 6—Exemptions Division 1—Ministerial exemptions 203—Ministerial exemptions (1) The Minister may, after consultation with the Regulator, by notice in the Gazette, grant exemptions from this Law or specified provisions of this Law in respect of railway operations carried out, or proposed to be carried out, in this jurisdiction— (a) to a person specified by the Minister; or (b) in relation to a railway specified by the Minister. (2) The Minister may grant an exemption under subsection (1)— (a) on conditions specified in the notice; and (b) for a period (not exceeding 3 months) specified in the notice. (3) The Minister may, at any time, by further notice in the Gazette— (a) vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or (ab) cancel an exemption; or (b) vary or cancel a condition of an exemption. (4) A person who has been granted an exemption under this section who contravenes a condition imposed on the exemption is guilty of an offence.