Justices Act 1902 Regulation relating to short descriptions of certain offences under the Transport Administration Act 1988 (1993-348) [GG No 84 of 30.7.1993] (NSW)

1993—No. 348

JUSTICES ACT 1902—REGULATION

(Relating to short descriptions of certain offences under the Transport

Administration Act 1988)

NEW SOUTH WALES

[Published in Gazette No. 84 of 30 July 1993]

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 August 1993.

Amendments

2. The Justices (Short Descriptions of Transport Offences) Regulation

1987 is amended:

(a) by omitting from the definition of “summary offence” in clause 3 the matter “145A” and by inserting instead the matter “145B”;

(b) by inserting at the end of clause 4 the following subclause:

(2) If a choice of words is indicated in Column 2 of Schedule 1 , the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

1993—No. 348

(c) by omitting Schedule 1 and by inserting instead the following Schedule :

SCHEDULE 1 (Cl. 4)

Column 1	Column 2
Offence	Prescribed expression

Offences under the Transport Administration Act 1988

Section 97 (1) (a)—without reasonable excuse, travel or attempt to travel on train without travel/attempt to travel without paying train fare

paying fare

Section 97 (1) (b)—travel or attempt to travel on train without having previously paid fare and not pay train fare on

demand

fail, without reasonable excuse, to pay the fare

on demand by authorised officer

Section 97 (1) (c)—knowingly, and without reasonable excuse, fail to leave train at end of travel on train beyond distance paid for

journey paid for

Section 97 (1) (d)—knowingly, and without reasonable excuse, travel or attempt to travel travel/attempt to travel in

carriage to which not

on train in carriage of a class to which ticket	entitled
does not apply
Section 97 (1) (e)—knowingly use travel pass to travel or attempt to travel on train, being an	use/attempt to use pass to

which not entitled/invalid

invalid pass or one to which not entitled	pass
Section 97 (1) (f)—knowingly avoid or attempt to avoid payment in connection with railway	avoid/attempt to avoid

payment (other than fare)

services (other than fare for train travel)

Section 98 (3) (a)—obstruct or hinder authorised officer exercising power under section 98 obstruct/hinder authorised

officer

Section 98 (3) (b)—fail to comply with reasonable requirement of authorised officer	not comply with requirement
Schedule 4, clause 3—being a railway employee,	carry out safety work with
carry out railway safety work with prescribed	p.c.a.
concentration of alcohol in blood
Schedule 4, clause 4 (1)—being a railway employee, carry out railway safety work under	carry out safety work under

influence of alcohol/drugs

influence of alcohol or other drug

Schedule 4, clause 17 (2) (a)—being a railway employee, refuse or fail to submit to breath refuse/fail to undergo breath

analysis

analysis

Column 1	Column 2
Offence	Prescribed expression

Schedule 4, clause 17 (2) (b)—being a railway employee, refuse or fail to provide sample of refuse/fail to give

bloodurine sample

blood or urine

Schedule 4, clause 18—being a railway employee, introduce, or alter concentration of, alcohol or alter concentration of

alcohol/drugs

other drug in blood or urine before breath analysis or providing sample of blood or urine for purpose of preventing or restricting use of the results

Schedule 4, clause 19 (1) (a)—being a medical practitioner, refuse or fail to take blood or urine refuse/fail to take

blood/urine sample

sample from railway employee

Schedule 4, clause 19 (1) (b)—being a medical practitioner, not comply with requirements of not comply with procedures

for taking sample

clause 14 as to taking of blood or urine sample Schedule 4, clause 19 (3)—hinder or obstruct hinder/obstruct doctor taking

medical practitioner in attempting to take blood	bloodurine sample
or urine sample from another person

Offences under Railway Offences By-law 1983

Clause 1 (5)—use or attempt to use a cancelled use/attempt to use cancelled

ticket ticket

Clause 2 (2) (c)—use or attempt to use an expired use/attempt to use expired

ticket ticket

Clause 6 (2)—use or attempt to use a defaced, mutilated, altered or illegible ticket unless use/attempt to use

defaced/mutilated/altered/

defacing, mutilation, alteration or illegibility	illegible ticket
occurred as a result of the ordinary use of the ticket

Clause 7—being a passenger, place foot or feet on seat or part of seat in carriage or other vehicle foot on seat while in

carriage/vehicle

Clause 9 (1) (a)—being a male (other than child of 6 years or under accompanied by a female, enter area/carriage/vehicle set

apart for females

or officer of the Authority) enter area, carriage or vehicle (or part of area, carriage or vehicle) set apart for exclusive accommodation, or use, of females

1993—No. 348

Column 1	Column 2
Offence	Prescribed expression

Clause 9 (1) (b)—being a male (other than child of 6 years or under accompanied by a female, remain in

area/carriage/vehicle/part

or officer of the Authority) remain in area,	of area/part of
carriage or vehicle (or part of area, carriage or	carriage/part of vehicle
vehicle) set apart for exclusive accommodation,	set apart for females
or use, of females, after having been requested to leave
Clause 10 (1)—smoke in or on railway, station, wharf, pier, jetty, land, premises, carriage or	smoke in/on prohibited

rail way/station/w harf/pier/

other vehicle contrary to sign	j etty/land/premises/
carriage/vehicle
Clause 12—without reasonable excuse, enter or leave or attempt to enter or leave a carriage or	enter/leave/attempt to

enter/leave while train in

other vehicle while train is in motion	motion
Clause 12—without reasonable excuse, enter or leave or attempt to enter or leave a carriage or	enter/leave/attempt to

enter/leave on wrong side

other vehicle elsewhere than at the side of the	of train/wrong place
carriage or other vehicle adjoining the platform or other place appointed for persons to enter or leave
Clause 13 (d)—without reasonable excuse, open door, whether locked or not, while train is in	open door while train in

motion

motion

Clause 14 (1) (c)—without reasonable excuse, travel in portion of carriage or other vehicle not travel in unauthorised part

of carriage/vehicle

intended for conveyance of passengers

Clause 15 (1)—being under the influence of liquor or drugs, enter, remain in or upon or be in a under the influence of

liquor/drugs

carriage or other vehicle, a station or other	enter/remain/be in/on
State Rail Authority premises	carriage/vehicle/station/ SRA premises
Clause 15 (2) (a)—commit a nuisance in or on a carriage or other vehicle or a station or other	commit nuisance in/on

carriage/vehicle/station/

State Rail Authority premises	SRA premises
Clause 15 (2) (c)—use or write insulting, indecent, abusive, blasphemous, obscene,	use/write

insulting/indecent/abusive/

threatening or offensive words in or on a	blasphemous/obscene/
carriage or other vehicle or a station or other	threatening/offensive
State Rail Authority premises	words in/on carriage/vehicle/station/ SRA premises

1993—No. 348

Column 1	Column 2
Offence	Prescribed expression

Clause 15 (2) (d)—behave in disorderly or offensive manner in or on a carriage or other disorderly/offensive conduct

in/on

vehicle or a station or other State Rail	carriage/vehicle/station/
Authority premises	SRA premises

Clause 15 (2) (e)—wilfully interfere with comfort of a passenger or other person lawfully in or on interfere with comfort of

persons in/on

a carriage or vehicle or a station or other State	carriage/vehicle/station/
Rail Authority premises	SRA premises

Clause 20 (c)—wilfully or negligently remove or remove/injure

injure any number-plate, notice or number-plate/notice/

advertisement advertisement

Clause 24—wilfully trespass on railway, pier,

wharf, jetty, station, land, or other State Rail
Authority premises

trespass on SRA premises

Clause 26 (a)—cross, or drive a vehicle, or attempt to cross or drive a vehicle, over a line

cross/drive vehicle/attempt to

cross/attempt to drive

of railway on the level elsewhere than at an	vehicle/over line at
authorised crossing place	unauthorised place

Clause 27 (a)—cross or attempt to cross a line of railway on the level at a station cross/attempt to cross

railway line at station

Clause 27 (b)—cross or attempt to cross a line of railway on the level where overbridge or cross/attempt to cross

railway line (not use

subway provided overbridge/subway )

Clause 34—throw, or cause to be thrown, in, on, about, at or from a carriage or other vehicle, or throw/cause to be thrown

glass/stone/missile/burning

on to a railway, station, building, pier, wharf,	match/burning
jetty, land or other premises vested in the State	cigar/burning
Rail Authority, any glass, stone or other	cigarette/burning
missile, or any burning match, cigar, cigarette	tobacco/filth/dirt/rubbish/
(or part of any cigarette), or any burning	similar matter
tobacco, or any filth, dirt, rubbish, or other	in/on/about/at/from
similar matter	carriage/vehicle/on to SRA premises

Clause 43 (1) (a)—stand or loiter in or on a railway station or building, the property of the stand/loiter on SRA

premises causing

State Rail Authority, to the inconvenience of	inconvenience
railway officers or passengers

Clause 43 (1) (b)—obstruct good government and maintenance of order in or on a railway station obstruct order on SRA

premises

or building, the property of the State Rail
Authority

1993—No. 348

Column 1 Column 2

Offence Prescribed expression

Clause 45 (1)—without permission enter train	join train when unauthorised
stopping at station only to set down passengers Clause 45 (2)—without permission travel or	travel/attempt to travel to
attempt to travel by train to station other than	other than specified
station to which train conveys passengers	station
Clause 46 (1)—being a person whose dress or	person/dress likely to soil
person might, in the opinion of an authorised	passengers/fittings
officer, soil the dress of another passenger or the fittings of a carriage, enter or remain in or on any carriage or railway premises
Clause 46 (1)—being a person whose presence would, in the opinion of an authorised officer,	person’s presence offensive

to others

be offensive to other passengers, enter or remain in or on any carriage or railway premises

Clause 49—without authority, in or on any carriage, building, station, land or other collect/solicit/attempt to

collect/solicit money in/on

premises of the State Rail Authority, collect or	carriage/building/station/
solicit, or attempt to collect or solicit, money	land/SRA premises
from other persons
Clause 54—tender a certificate or application for concession ticket, or reduction in fare,	tender false/misleading

information for fare

containing incorrect or misleading statement	concession/reduction
Clause 56 (1) (a)—drink intoxicating liquor in or	drink liquor in/on
on any railway, station, wharf, pier, jetty, land,	railway /station/ wharf/pier/
premises, carriage or other vehicle vested in,	jetty/land/premises/
belonging to or employed by, the State Rail	carriage/vehicle other than
Authority except in a place specially provided	in place provided
for the purpose
Clause 62—obstruct or impede, or attempt to	obstruct/impede/attempt to
obstruct or impede the operation of, or in any	obstruct/attempt to
other way interfere with, any automatically	impede/interfere with
operated door of any carriage or premises	automatic door of
vested in the State Rail Authority	carriage/premises
Clause 63—without reasonable excuse, enter or	enter/attempt to enter station
attempt to enter a railway, station, platform or	by unauthorised entry
other works or premises other than by the appointed place

1993—No. 348

Column 1 Column 2

Offence Prescribed expression

Clause 63—without reasonable excuse, leave or attempt to leave a railway, station, platform or leave/attempt to leave station

by unauthorised exit

other works or premises other than by the

appointed place

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 Act 1988 and the Railway Offences By-law 1983 (which is taken to be a regulation made under that Act) (clause 2

(b) –(c)).
The Regulation also makes a minor amendment by way of law revision (clause 2

(a)).