Northern Territory Numbered Acts

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RAIL SAFETY ACT 2010 (NO 10 OF 2010) - SECT 80

General powers after entry

    (1)     A rail safety officer who enters a place under this Part may do any of the following:

    (a)     search and inspect any part of the place and any rail infrastructure, rolling stock or road vehicle or any other thing at the place;

    (b)     enter or open, using reasonable force, rail infrastructure, rolling stock, a road vehicle or other thing at the place to examine the infrastructure, rolling stock, road vehicle or other thing;

    (c)     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;

    (d)     test any part of rail infrastructure or rolling stock or cause any part of rail infrastructure or rolling stock to be tested;

    (e)     inspect, film, photograph, videotape or otherwise record an image of:

        (i)     rail infrastructure, rolling stock, a road vehicle or any other thing; or

        (ii)     a document;

    (f)     take, or authorise another person to take, for analysis a thing, or a sample of or from the thing;

    (g)     seize anything the officer suspects, on reasonable grounds, is connected with an offence against this Act or to secure the thing against interference;

    (h)     mark, tag or otherwise identify rolling stock, a road vehicle or other thing;

        (i)     take a copy of a document or part of a document;

    (j)     take all necessary steps to allow a power conferred above to be exercised;

    (k)     exercise other prescribed powers.

    (2)     A film, photograph, videotape or image taken under subsection (1)(e) 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 one or more persons if the capturing of that likeness does not appear to have been the main reason for the taking of the film, photograph, videotape or image.



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