CAP. 265]
Peak Tramway
[1989 Ed.
(3) Any person who-
(a) without lawful excuse, fails to comply with a requirement made under subsection (1)(c);
(b) furnishes to an inspector acting under subsection (1)(c) information that is false or misleading in a material particular;
(c) obstructs an inspector in the exercise of his powers under subsection (1),
commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.
(4) Where a person is charged with contravening any of the provisions of subsection (3), it shall not be a defence to the charge that compliance with a requirement under subsection (1)(c) would tend to expose that person to any other proceedings for a criminal offence; but nothing done in compliance with a requirement under subsection (1)(c) shall be admissible in evidence in such other proceedings.
(Added 26 of 1989 s. 4)
14D. Secretary for Transport may order that defects be remedied
(1) Where in the opinion of the Secretary for Transport-
(a) the condition of any part of the tramway or of any machinery, plant or equipment of such part;
(b) the manner in which the tramway 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 Secretary for Transport may direct the company to carry out such work, or to take such steps, as he may specify in the order to ensure that the condition of the tramway, or of the part or the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.
(2) A direction under subsection (1) shall be in writing and may specify the date before which the company shall commence to carry out the specified work or take the specified steps and the date by which the same shall be completed.
(3) If the company fails without reasonable excuse to comply with a direction under this section the company commits an offence and is liable to a fine of $100,000 and to a further fine of $10,000 for each day during which the failure to comply with the direction has continued.
(4) A copy of a document which purports to be a direction signed by the Secretary for Transport 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