Government Railways Amendment Act 2022 (WA)

Western Australia

Government Railways Amendment Act 2022

Western Australia

Government Railways Amendment Act 2022 Contents

Western Australia

Government Railways Amendment Act 2022

Government Railways Amendment Act 2022

No. 40 of 2022

An Act to amend the Government Railways Act 1904.

[Assented to 21 November 2022]

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Government Railways Amendment Act 2022.

2.Commencement

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation.

3.Act amended

This Act amends the Government Railways Act 1904.

4.Section 23 amended

In section 23(1)(ze) delete “penalties, not exceeding $50,” and insert:

penalties

5.Section 44 deleted

Delete section 44.

6.Section 48 amended

• (1)

  In section 48:

  • (a)

    delete “If any” and insert:

     
• (1)

  A person commits an offence if the

   
  • (b)

    in paragraph (b) delete “railway;” and insert:

     

  railway.

   
  • (c)

    delete paragraph (c);

  • (d)

    delete the passage that begins with “he shall,” and continues to the end of the section and insert:

     

Penalty for this subsection: a fine of $200.

• (2)

  At the end of section 48 insert:

   
• (2)

  A person commits an offence if the person trespasses, or causes or procures a trespass, upon any part of a railway not being —

  • (a)

    a station, platform or railway crossing; or

  • (b)

    another part to which the public are allowed access by law.

Penalty for this subsection: a fine of $5 000.

7.Section 53A amended

After section 53A(4) insert:

• (4A)

  The modified penalty that may be prescribed under section 23(1)(ze) for an offence is not to exceed 20% of the maximum penalty that could be imposed for that offence by a court.