§ 53 — Obstructing rail safety inspectors, etc.

53.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a)

the independent safety auditor; or

(b)

a rail safety inspector,

in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by the independent safety auditor or a rail safety inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.

(3) Any person who —(a)

without reasonable excuse, refuses or fails to comply with a requirement under section 51 made by the independent safety auditor or a rail safety inspector; or

(b)

knowingly furnishes to the independent safety auditor or a rail safety inspector information that is false or misleading in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.

—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a)

the independent safety auditor; or

(b)

a rail safety inspector,

in the discharge of his or her duties under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) However, it is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by the independent safety auditor or a rail safety inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.

(3) Any person who —(a)

without reasonable excuse, refuses or fails to comply with a requirement under section 51 made by the independent safety auditor or a rail safety inspector; or

(b)

knowingly furnishes to the independent safety auditor or a rail safety inspector information that is false or misleading in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months.