South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 87

87—Directions relating to seizure

        (1)         To enable a thing to be seized under this Part, an authorised 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 notice in writing given to the person; or

            (b)         if for any reason it is not practicable to give a signed notice in writing to the person—may be given orally and confirmed by signed notice in writing 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.

Example—

A further direction may 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.

Maximum penalty: $10 000.

        (5)         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.

        (6)         In this section—

"in control", in relation to a thing, means having, or reasonably appearing to an authorised officer as having, authority to exercise control over the thing.