(1)  To enable a thing to be seized under this Part, a rail safety 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 subsection (1) 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) must comply with that direction unless the person has a reasonable excuse.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(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) 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 a rail safety officer as having, authority to exercise control over the thing.