(6) Any person who—
- (a) without reasonable excuse, fails to comply with a requirement under subsection (1)(c);
- (b) knowingly furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular; or
- (c) obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
28. Secretary may require Corporation to carry out works in interest of safety
(1) Where in the opinion of the Secretary—
- (a) the condition of a part of the railway which has been brought into operation, or of any machinery, plant or equipment of such part; or
- (b) the manner in which the railway or a part of it is being operated,
is such as to cause, or to be likely to cause, a risk of injury to any person, the Secretary may require the Corporation to carry out work or to take steps to ensure that the condition or manner of operation in question will cease to cause or to be likely to cause any such risk.
(2) A requirement under subsection (1) shall be effected by notice in writing given to the Corporation, and the notice—
- (a) shall specify the work or steps required to be carried out or taken;
- (b) may specify the time before which the Corporation shall commence to carry out the work or take the steps and the time by which the work or steps must be completed.
(3) If the Corporation fails without reasonable excuse to comply with a notice given under this section the Corporation commits an offence and is liable to a fine at level 6 and to a further fine of $10,000 for each day during which it is proved that the failure to comply with the notice has continued without reasonable excuse.
(4) A copy of a document which purports to be a notice signed by the Secretary for the purposes of this section—
- (a) is admissible in evidence in proceedings for an offence under subsection (3) on its production without further proof; and
- (b) is sufficient evidence of the opinion of the Secretary and of the other matters contained in the document.
