Tasmanian Numbered Acts

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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 74

Power to enter places
(1)  A rail safety officer may, for compliance and investigative purposes or in an emergency, enter a place if –
(a) the place is a public place and the entry is made when the place is open to the public; or
(b) the occupier of the place consents to the entry; or
(c) the entry to the place is authorised by a search warrant; or
(d) the place is railway premises and the entry is made –
(i) when the place is open for carrying on activities by reason of which the place is railway premises; or
(ii) when the place is otherwise open for entry; or
(iii) if the place is not open as mentioned in subparagraphs (i) and (ii) , but the entry is urgently required to investigate the circumstances of a notifiable occurrence, at any time during which railway operations are being carried out or are usually carried out.
(2)  A rail safety officer who enters railway premises under subsection (1)(d) must not unnecessarily impede any activities being conducted at the premises.
(3)  In this section –
compliance and investigative purposes includes purposes –
(a) related to ascertaining whether the rail safety law has been or is being complied with, including whether an offence has been committed against the rail safety law; and
(b) related to ascertaining whether the terms of, or a condition or restriction of, an accreditation has been or is being complied with.



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