Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_107
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 107
Character Range: 124433–125596

107  Oral direction before prohibition notice served
 (1) If a rail safety officer—
 (a) believes on reasonable grounds that an activity referred to in section 105(1) is occurring or may occur; and
 (b) that it is not possible or reasonable to serve a prohibition notice under that section immediately—
the officer may direct a person who has or appears to have control over the activity to do or not to do a stated act by telling the person—
 (c) to do or not to do the stated act; and
 (d) the reason for the officer giving the direction.
 (2) A person to whom a direction is given under sub‑section (1) must comply with it, unless the person has a reasonable excuse.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
 (3) It is a reasonable excuse if the rail safety officer did not tell the person that the person commits an offence if the person does not comply with the direction.
 (4) If a rail safety officer gives a direction under sub‑section (1) in respect of an activity but does not, within 5 days of giving the direction, serve a prohibition notice in respect of the activity, the direction ceases to have effect.