Commonwealth Numbered Acts

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AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 78

Endangering safety of trains, &c.
78. (1) A person shall not do any act or thing that, to his knowledge, is
likely to endanger the safety of -

   (a)  a train operated by the Commission;

   (b)  a railway, or any part of a railway, operated by the Commission; or

   (c)  any persons who are, or may be, within the limits of a railway
        operated
by the Commission.
Penalty: $20,000 or imprisonment for 10 years, or both.

(2) An offence against sub-section (1) is an indictable offence.

(3) Notwithstanding that an offence against sub-section (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.

(4) Where, in accordance with sub-section (3), a court of summary jurisdiction
convicts a person of an offence against sub-section (1), the penalty that the
court may impose is a fine not exceeding $2,000 or imprisonment for a period
not exceeding 12 months, or both.

(5) This section shall be read and construed as being in addition to, and not
in derogation of or in substitution for, any other law of the Commonwealth or
any law of a State or Territory.

(6) Without limiting the generality of paragraph (1) (c), all land, and all
buildings and other structures, owned or occupied by the Commission, and used
in connection with a railway operated by the Commission, shall, for the
purpose of that paragraph, be taken to be within the limits of that railway. 


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