(1)  If a rail safety officer –

(a) believes on reasonable grounds that an activity referred to in section 102(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 subsection (1) must comply with it, unless the person has a reasonable excuse.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(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 subsection (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.