GEDE DOUTES
of Inspectors.
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(2) An inspector who is not a public officer may be paid, as a fee for his services, such amount as the Financial Secretary thinky fit, and that amount shall be paid out of montys provided for the purpose by the Legislative Council,
(3) The powers conferred by section 238 or by regula- tions made under section 24 shall be exercised by an inspector only-→→
(a) for the purpose of ensuring the safety of the railway
or any part thereof; or
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(5) 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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(4) On the occasion of the exercise of any power, an inspector shall producă evidence of his identity, and of his appointment, to any person who requests him to do so.
(5) An inspector may take with him such persons as he reasonably requires to assist him in the exercise of his powers.
238. (1) An inspector map-
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(o) 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 machinety, plant or equipment thereon, such tests and inspections as he con- siders expedient;
(c) require Bay person to whom this subsection
applies-
(i) to do anything which the inspector reason- ably considers lu be necessary for facilitating any test or inspection;
(i)) to provide the inspector with such informa- tion 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;
(d) lake copies of any document produced to him
pursuant to paragraph (c)(i.
(2) Subsection (1) applies to-
(a) the railway premises and the premises of any con- Tractor or subcontractor who is carrying out or has carried out any work on the railway:
(b) any employee of the Corporation, any contractor or subcontractor mentioned in paragraph (ơ) and any employee of such a contractor or subcontractor. (3) Any person who-
(a) without lawful excuse, fails to comply with a re
quirement under subsection (1)c);
(b) knowingly furnishes to au inspector acting under subsection (1)(c) information that is false or mis- leading in a material particular;
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(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 & months.
23C. (1) Where in the opinion of the Chief Secretary- (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; (6) 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 jury to any person, the Chief Secretary may, by order in writing delivered to the office of the Chairman, require the Corporation to carry out such work. or to take kuch steps, as he may specify in the order to ensure that the condition of the railway, or of the part or the machinery, plant or equipmeal fa question, or the manner of operation will cease to constitute such a risk.
(2) An order under subsection (1) may specify the time before which the Corporation shall commence to carry our the specified work or take the specified steps and the time by which the same shall be completed.
(3) If the Corporation fails without reasonable excuse
to comply with an order under this section the Corporation commits an offence and is liable to a fine of $100000 and to a further fine of $10000 for each day during which it is proved to the Court that the failure to comply with the order has continued without reasonable excuse.
(4) A copy of a document which purports to be an order signed by the Chief Secretary 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
(6) shall be sufficient evidence of the opinion of the Chief Secretary and of the other matters contained therein.
23D. (1) Aa employee of the Corporation commits an offence if, in connexion with his duty, he negligently does or amils to do anything in relation to the condition ar operation of any part of the railway after that part has come into public use, and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered.
(2) An employee who commits an offence under subsec- tion (1) is liable to a fine of $5 000 and to imprisonment for 6 months.
(3) For the purposes of subsection (1) negligence is the failure to exercise such care or skill as a reasonable employee in the situation would exercise.
الكل
23E (1) A person commits an offence if he wilfully does or omits to do anything in relation to the railway and the safety of any person travelling or being upon the railway is thereby endangered, or likely to be endangered.
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