Northern Territory Numbered Acts

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RAIL SAFETY ACT 2010 (NO 10 OF 2010) - SECT 151

Interference with equipment, infrastructure or rolling stock

    (1)     A person must not deal with any equipment, rail infrastructure or rolling stock owned or operated by a rail transport operator unless the person is the rail transport operator or an authorised person, or is permitted by the operator or an authorised person to deal with the equipment, infrastructure or rolling stock.

Fault elements:

The person:

    (a)     intentionally deals with the equipment, infrastructure or rolling stock; and

    (b)     knows the equipment, infrastructure or rolling stock is owned or operated by a rail transport operator.

Maximum penalty:     200 penalty units.

    (2)     A person must not:

    (a)     apply any brake or use any emergency device fitted to a train; or

    (b)     use any emergency device on railway premises;

unless the person is the relevant rail transport operator or an authorised person, or is permitted by the relevant operator or an authorised person to apply the brake or use the emergency device.

Maximum penalty:     50 penalty units.

Example of an emergency device

Emergency devices include an emergency button on a station communication board or on an escalator.

    (3)     A person must not cause a train in motion to be stopped unless the person is the rail transport operator for the train or an authorised person, or is permitted by the operator or an authorised person to stop the train.

Maximum penalty:     50 penalty units.

    (4)     An offence against subsection (2) or (3) is an offence of strict liability.

    (5)     It is a defence to a prosecution for an offence against subsection (1), (2) or (3) if the defendant establishes a reasonable excuse.

    (6)     In this section:

"authorised person" means any of the following:

    (a)     a rail safety officer;

    (b)     an investigator;

    (c)     a police officer.

"deal with" means any of the following:

    (a)     move or attempt to move;

    (b)     interfere or attempt to interfere with;

    (c)     disable or attempt to disable;

    (d)     operate or attempt to operate.



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