Transport Administration Act 1988 Regulation relating to the removal of offenders, lost property and penalty notice offences (1995-422) [GG No 102 of 25.8.1995] (NSW)

1995—No. 422

TRANSPORT ADMINSTRATION ACT 1988—REGULATION

(Relating to the removal of offenders, lost property and penalty notice offences)

NEW SOUTH WALES

[Published in Gazette No. 102 of 25 August 1995]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Transport Administration Act 1988, has been pleased to make the Regulation set forth hereunder.

BRIAN LANGTON, MP.,

Minister for Transport.

Commencement

1. This Regulation commences on 1 September 1995.

Amendment

2. The Transport Administration (Railway Offences) Regulation 1984

is amended:

(a) by omitting clause 43 and by inserting instead the following clauses:

Removal of persons from trains and SRA premises

43. A person who fails to comply with a direction under this

Regulation to leave any train or SRA premises may be removed
from the train or premises by a police officer.

Lost property

44. (1) A person who finds any article in or on a train or SRA

premises:

(a) must return it to its owner; or
(b) must give it to an authorised person.
Maximum penalty: 2 penalty units.

1995—No. 422

(2) The Impounding Act 1993 applies to an article that is given to an authorised person under this clause as if it had been impounded under that Act.

Penalty notice offences

45. (1) For the purposes of section 117 of the Act:

(a) each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence; and

(b) the prescribed penalty for such an offence is:

(i) the amount specified in Column 3 of Schedule 1; or

(ii)  if the person alleged to have committed the offence is under the age of 18 years, and if a lesser amount is specified in Column 4 of Schedule 1, the lesser amount; and

(c) each person referred to in subclause (2) is an authorised officer.

(2) The following persons are authorised officers for offences relating to railway services conducted by the SRA:

(a) a police officer;

(b) a member of the transit police service;

(c) any other person or member of a class of persons appointed in writing by the Chief Executive of the SRA:

Short descriptions

46. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:

(a) the expression specified in Column 2 of that Schedule; or

(b) if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.

1995—No. 422

(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before

the amendment or repeal.

(b) by inserting at the end of the Regulation the following Schedule:

SCHEDULE 1—PENALTY NOTICE OFFENCES

(C11. 45, 46)

Part 1—Offences under the Transport Administration Act 1988

Column 1 Column 2 Column 3 Column 4

Offence Prescribed expression Penalty Penalty

Section 97 (1) (a) travel/attempt to travel without $100 -

paying train fare

Section 97 (1) (b) not pay train fare on demand	$100	-
Section 97 (1) (c) travel on train beyond distance paid	$100	-

for

Section 97 (1) (d)	travel/attempt to travel in carriage to	$100	-
which not entitled
Section 97 ( 1) (e)	use/attempt to use pass to which not	$100	-

entitled/invalid pass

Part 2-Offences under the Transport Adminstration (Railway Offences)

Regulation 1994

Column 1 Column 2 Column 3 Column 4

Offence	Prescribed expression	Penalty	Penalty
Clause 5 (1)	transfer/offer to transfer ticket/	$100	$50
portion of ticket

Clause 6 (1)	travel without valid ticket	$100 -
Clause 8	on train/platform not make ticket	$100 -
available for inspection/processing
Clause 9 (1 )	leave restricted area without offering	$100 $50
ticket
Clause 10 (1)	on train/SRA premises interfere with	$100 -
comfort/safety of other persons
Clause 11 (1)	smoke on train/on enclosed/covered	$100
SRA premises
Clause 12 (1)	drink liquor on train/SRA premises	$100 -
Clause 13 (1)	carry on unauthorised commercial	$100 -
activity on train/SRA premises
Clause 14 (1)	enter/leave station/platform/work/	$100 -
premises by unauthorised entry/exit

1995—No. 422

Clause 15 (1) (a)	enter/leave train while train in	$100
motion
Clause 15 (1) (b)	enter/leave train on wrong side of	$100
train/at wrong place
Clause 15 (1) (c)	enter/leave train through window	$100
Clause 16 (1)	board train at set-down-only station	$100
Clause 16 (3)	leave train at non-set-down station	$100
Clause 18 (3)	not comply with direction to leave	$100
reserved seat
Clause 20 (1 ) (a)	block train door	$100
Clause 20 (1) (b)	open locked train door	$100
Clause 20 (1 ) (c)	open unlocked door while train in	$100
motion
Clause 20 ( 1) (d)	interfere with automatic train door	$100

Clause 21 (1) (a)	unauthorised	entry	to	crew	$200
compartment
Clause 21 (1) (b)	unauthorised	stay	in	crew	$200
compartment

Clause 22 (1)	travel on portion of train not	$100
intended for passengers
Clause 23 (a)	use public address/communications	$100
system of train
Clause 23 (b)	apply/release brake on train	$100
Clause 24	sit on/obstruct stairway at station	$100
Clause 25 (1) (a)	ride on escalator handrail	$100
Clause 25 (1) (b)	travel down on up escalator/up on	$100
down escalator
Clause 25 (1) (c)	convey goods on escalators/in lift	$100
Clause 25 (1) (d)	interfere with escalator/lift/working	$100
of escalator/lift
Clause 26 (1)	remove SRA property from train/	$100
SRA premises

Clause 27 (1) (a) write/draw/affix word/ $200

representation/character/poster on/to

train/SRA property

Clause 27 (1) (b) destroy/damage/deface train/SRA $200

property

Clause 27 (2)	on train/SRA premises possess thing	$100
for damaging property
Clause 28 (a)	deposit litter on train/SRA premises	$100
Clause 28 (b)	deposit dangerous thing on train/	$100
SRA premises
Clause 29 (1)	cross/drive vehicle over line at	$100
unauthorised place
Clause 30 (1)	cross line not using bidge/subway	$100
Clause 30 (2) (a)	cross line despite authorise person’s	$100
warning
Clause 30 (2) (b)	cross line contrary to displayed	$100
warning
Clause 30 (3) (a)	cross line when barriers shut/against	$100
warning device

1995—No. 422

Clause 30 (3) (b)	cross line against warning device	$100	-
(no barriers)
Clause 37	leave bike on SRA premises/	$100	-
chained/attached to SRA building fence/installation
Clause 38	not shut and fasten level crossing	$100	-
gate/side gate
Clause 40	throw things at/from train	$100	-

EXPLANATORY NOTE

The object of this Regulation is to include provisions in the Transport Administration (Railway Offences) Regulation 1994 in relation to the removal of persons from trains and SRA premises, the manner in which lost property is to be dealt with and the prescription of penalty notice offences. Similar provisions are to be included in other regulations under the Transport Administration Act 1988.

This Regulation is made under the Transport Administration Act 1988, including

section 119 (the general regulation making power) and sections 99 and 117.

This Regulation is made in connection with the staged repeal of subordinate

legislation under the Subordinate Legislation Act 1989.