12. The principal Act is amended by inserting, immediately after Part VI, the following Part:“PART VIA 46A.—(1) The Minister may in writing appoint any public officer to be an inspector for the purposes of this Part.(2) The powers conferred by section 46B or by regulations made under this Act shall be exercised by an inspector only —(a) | for the purpose of ensuring the safety of the railway or any part thereof; or | (b) | when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an accident on any part of the railway, |
after the railway or the part in question has commenced operation for public use. |
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(3) On the occasion of the exercise of any power, an inspector shall produce evidence of his identity, and of his appointment, to any person who requests him to do so. |
(4) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers. |
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General powers of inspectors |
46B.—(1) An inspector may —(a) | at all reasonable times enter upon premises to which this subsection applies; | (b) | carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, such tests and inspections as he considers expedient; | (c) | require any person to whom this subsection applies —(i) | to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection; and | (ii) | to provide the inspector with such information relating to the railway or any machinery, plant or equipment connected with the railway as the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose; and |
| (d) | take copies of any document produced to him pursuant to paragraph (c)(ii). |
(2) Subsection (1) shall apply to —(a) | the railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and | (b) | any employee of the Corporation, any licensee, any employee of the licensee, any contractor or subcontractor mentioned in paragraph (a) and any employee of such a contractor or subcontractor. |
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(3) Any person who —(a) | without lawful 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), |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. |
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Minister may order defects to be remedied |
46C.—(1) Where in the opinion of the Minister —(a) | the condition of any 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 any part thereof is being operated, |
is such as to cause, or to be likely to cause, a risk of injury to any person, the Minister may, by order in writing, direct the Corporation or the licensee, whichever is the relevant party, or both the Corporation and the licensee, to carry out such work, or to take such steps, as the Minister may specify in the order to ensure that the condition of the railway, or of the part of the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk. |
(2) An order made under subsection (1) may specify the time before which the Corporation or licensee or both, as the case may be, shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed. |
(3) The Corporation or licensee who fails without reasonable excuse to comply with an order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $500 for every day during which it is proved to the court that the failure to comply with the order has continued without reasonable excuse. |
(4) Any copy of a document which purports to be an order signed by the Minister for the purposes of subsection (1) —(a) | shall be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and | (b) | shall be evidence of the opinion of the Minister and of the other matters contained therein. |
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Offence of wilfully endangering safety |
46D. Any person who wilfully does or omits to do anything in relation to the railway as a result of which the safety of any person travelling or being upon the railway is endangered, or is likely to be so endangered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.”. |
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