Relevant person to issue associated person with identification
115 Relevant person to issue associated person with identification
Before a relevant person allows an associated person to act under the relevant person’s authority, the relevant person must issue the associated person with identification.
Maximum penalty—10 penalty units.
The identification must—
state the names of the relevant person and the person to whom the identification is issued; and
indicate that, for the purposes of this Act, the person is associated with the holder of a rail feasibility investigator’s authority; and
state the capacity in which the associated person is an associated person; and
be signed by or for the relevant person; and
be signed by the associated person; and
state an expiry date.
A person who stops being an associated person of a relevant person must return the person’s identification issued under subsection (1) to the relevant person as soon as practicable, but within 21 days, after the person stops being an associated person, unless the person has a reasonable excuse.
Maximum penalty—10 penalty units.
Subsections (5) and (6) apply if a person who claims to be or appears to be the owner or occupier of land within the area for an authority asks an individual who has entered, is entering or is about to enter land under an authority—
for identification; or
about the person’s authority to enter the land.
If the request is made of an investigator, the investigator must immediately state the investigator’s name and show the person a copy of the investigator’s authority.
Maximum penalty—10 penalty units.
If the request is made of an associated person of a relevant person, the associated person must immediately state his or her name and show the other person the identification issued to the associated person under subsection (1).
Maximum penalty for subsection (6)—10 penalty units.
If the request under subsection (4) is made of the chief executive, the chief executive must immediately state the chief executive’s name and state the chief executive is authorised to investigate the land under section 109A.
If the chief executive (the official), or someone authorised in writing by the chief executive (also the official), investigates land under section 109A and the owner or occupier of the land is not present, before leaving the land, the official must leave a notice in a conspicuous position and in a reasonably secure way stating the following—
the official’s name and business address or telephone number;
the action taken by the official under section 109A;
when the action was taken.
In this section—
associated person, if the chief executive intends to investigate land under section 109A, includes a person authorised by the chief executive under section 109A.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.