Justices Act 1902 Regulation prescribing the short descriptions of certain railway offences (1994-464) [GG No 111 of 31.8.1994] (NSW)

1994—No. 464

JUSTICES ACT 1902—REGULATION

(Prescribing the short descriptions of certain railway offences)

NEW SOUTH WALES

[Published in Gazette No. 111 of 31 August 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

J. P. HANNAFORD, M.L.C.,

Minister for Justice.

Commencement

1. This Regulation commences on 1 September 1994.

Amendment

2. The Justices (Short Descriptions of Transport Offences) Regulation 1987 is amended by omitting from Schedule 1 the matter relating to Offences under the Railway Offences By-law 1983 and by inserting instead the following matter:

Offences under the Transport Administration (Railway Offences)

Regulation 1994

Clause 5 (1)—transfer (or offer to transfer) a ticket or a portion of a ticket transfer/offer to transfer

ticket/portion of ticket

Clause 6 (1)—travel on a train without holding a valid ticket for the travel concerned	travel without valid ticket
Clause 8—being on a train or a platform, not make ticket available for inspection or processing by an	on train/platform not

make ticket available

authorised person on that person’s request for inspection/
processing

1994—No. 464

Clause 9 (1)—without reasonable excuse, leave the restricted area of a station without offering ticket leave restricted area

without offering ticket

for collection or processing

Clause 10 (1)—on a train, or on SRA premises, wilfully interfere with the comfort or safety of on train/SRA premises

interfere with comfort/

other persons safety of other persons

Clause 11 (1 )—smoke on a train or on enclosed (or otherwise covered) SRA premises smoke on train/on

enclosed/covered SRA

premises

Clause 12 (1 )—drink intoxicating liquor on a train or on SRA premises drink liquor on train/SRA

premises

Clause 13 (1)—carry on a commercial activity on a train or on SRA premises without the written carry on unauthorised

commercial activity on

permission of the SRA train/SRA premises

Clause 14 (1)—without reasonable excuse, enter or leave a station, platform or other work or enter/leave station/

platform/work/premises

premises connected with a railway, otherwise than	by unauthorised entry/
by a place designated by the SRA for entry or	exit
exit

Clause 15 (1) (a)—without reasonable excuse, enter or leave a train while the train is in motion enter/leave train while

train in motion

Clause 15 (1) (b)—without reasonable excuse, enter or leave a train except at the side of the train enter/leave train on wrong

side of train/at wrong

adjoining the platform or other place designated place

by the SRA for persons to enter or leave the train Clause 15 (1) (c)—without reasonable excuse, enter enter/leave train through

or leave a train by getting through a window window

Clause 16 (1)-without permission, board a train at a station at which the train is not scheduled to board train at

set-down-only station

pick up passengers

Clause 16 (3)—without permission, leave a train at a station at which the train is not scheduled to set leave train at

non-set-down station

down passengers

Clause 18 (3)—not comply with direction to leave a seat reserved for another person not comply with direction

to leave reserved seat

Clause 20 (1) (a)—without reasonable excuse, block a train door	block train door
Clause 20 (1) (b)—without reasonable excuse, open a locked train door at any time	open locked train door
Clause 20 (1) (c)—without reasonable excuse, open an unlocked train door (other than an internal	open unlocked door while

train in motion

door or a door between carriages) while the train
is in motion

1994—No. 464

Clause 20 ( 1 ) (d)—without reasonable excuse, in any way interfere with an automatically operated train interfere with automatic

train door

door

Clause 21 ( 1 ) (a)—enter the crew compartment of a train without the permission of an authorised unauthorised entry to

crew compartment

person

Clause 21 ( 1 ) (b)—remain in the crew compartment of a train after having been requested to leave the unauthorised stay in crew

compartment

compartment by an authorised person

Clause 22 (1)—without reasonable excuse, travel on any portion of a train not intended for the travel on portion of train

not intended for

conveyance of passengers	passengers
Clause 23 (a)—without reasonable excuse, use the public address or other communisations system of	use public address/

communications system

a train	of train
Clause 23 (b)—without reasonable excuse, apply or release any brake on a train	apply/release brake on

train

Clause 24—without reasonable excuse, sit on, or otherwise obstruct, a stairway at a station sit on/obstruct stairway at

station

Clause 25 (1) (a)-ride on a travelling handrail of an ride on escalator handrail

escalator

Clause 25 (1) (b)—without reasonable excuse, move while on an escalator in a direction opposite to travel down on up

escalator/up on down

that in which it is travelling	escalator
Clause 25 (1) (c)—without reasonable excuse, convey any goods on an escalator or in a lift	convey goods on

escalator/in lift

Clause 25 ( 1 ) (d)—without reasonable excuse, interfere in any manner with an escalator or lift or interfere with escalator/

lift/working of

the working of an escalator or lift	escalator/lift
Clause 26 ( 1 )—remove SRA property from any train or SRA premises	remove SRA property

from train/SRA

premises

Clause 27 ( 1 ) (a)—write, draw or affix any word, representation, character or poster on or to any write/draw/affix word

representation/character/

train or other SRA property	poster on/to train/SRA property
Clause 27 (1) (b)—destroy, damage or deface any train or other SRA property	destroy/damage/deface

train/SRA property

Clause 27 (2)—without reasonable excuse, have in	on train/SRA premises
possession on any train or on any SRA premises	possess thing for
any thing intended for use in damaging property	damaging property

1994—No. 464

Clause 28 (a)—on any train, or on any SRA premises, deposit litter otherwise than in a deposit litter on train/SRA

premises

receptacle provided for that purpose

Clause 28 (b)—on any train, or on any SRA	deposit dangerous thing
premises, deposit any thing that may endanger	on train/SRA premises
any person or property otherwise than in a receptacle provided for that purpose
Clause 29 (1)—cross or drive a vehicle over a railway line except by means of a level crossing,	cross/drive vehicle over

line at unauthorised

bridge or subway constructed for that purpose	place
Clause 30 (1)—being a person on foot (and not being in charge of an animal), cross over a	cross line not using

bridge/subway

railway line at ground level at a level crossing

where a bridge or subway is provided

Clause 30 (2) (a)—being a person on foot, cross over a railway line at a level crossing when warned not cross line despite

authorised person’s

to do so by an authorised person	warning
Clause 30 (2) (b)—being a person on foot, cross over a railway line at a level crossing contrary to	cross line contrary to

displayed warning

a warning displayed at the level crossing

Clause 30 (3) (a)—being a person on foot, cross over a railway line at a level crossing at which barriers cross line when barriers

shut/against warning

are installed while barriers are in any position	device
other than the fully open position or while any bell, alarm, red light or other warning device is operating
Clause 30 (3) (b)—being a person on foot, cross over a railway line at a level crossing at which	cross line against warning

device (no barriers)

barriers are not installed while any bell, alarm,

red light or other warning device is operating

Clause 37—leave bicycle on SRA premises or	leave bike on SRA
chained or otherwise attached to any building,	premises/chained/
fence or other railway installation on SRA	attached to SRA
premises, except in a cloak room, parcels office	building/fence/
or other place designated by the SRA for that	installation
purpose
Clause 38—not shut and securely fasten immediately after use gate at a level crossing, or other gate set	not shut and fasten level

crossing gate/side gate

up at the side of the railway

Clause 40—throw any thing at or from a train throw thing at/from train

1994—No. 464

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences under the Transport Administration (Railway Offences) Regulation 1994 that may be dealt with by penalty notices under section 117 of the Transport Administration Act 1988. The Regulation is made under sections 145B and 154 (the general regulation making power) of the Justices Act 1902.