Government Railways (Trespass) By-law 2023 (WA)

Western Australia Government Railways Act 1904 Government Railways (Trespass) By-law 2023 Western Australia Government Railways (Trespass) By-law 2023 Contents 1. Citation 1 2. Commencement 1 3. Trespass on railway offence prescribed for purposes of Act s. 53A 1 4. Prescribed forms (Act s. 53A(3) and (7)) 1 Schedule 1 — Forms Notes Compilation table 6 Government Railways Act 1904 Government Railways (Trespass) By‑law 2023

1. Citation (1) This by‑law is the Government Railways (Trespass) By‑law 2023. (2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1).

2. Commencement This by‑law comes into operation as follows — (a) rules 1 and 2 — on the day on which this by‑law is published on the WA legislation website; (b) the rest of the by‑law — on the day after that day.

3. Trespass on railway offence prescribed for purposes of Act s. 53A The offence under section 48(2) of the Act is prescribed for the purposes of section 53A of the Act. Modified penalty: a fine of $500.

4. Prescribed forms (Act s. 53A(3) and (7)) (1) Schedule 1 Form 1 is prescribed for the purposes of section 53A(3) of the Act. (2) Schedule 1 Form 2 is prescribed for the purposes of section 53A(7) of the Act. Schedule 1 — Forms [r. 4] Form 1 — Infringement notice Government Railways Act 1904 Infringement INFRINGEMENT NOTICE notice no. Date of notice: Alleged offender Surname Given name(s) Address Alleged offence Date Time Place Details of offence Written law contravened Government Railways Act 1904 s. 48(2) Authorised person issuing notice Name or service number Signature Modified penalty $500 It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to [insert details of authorised person appointed for purposes of s. 53A(3)] within 28 days after the date of this notice using one of the payment methods set out below. If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver's licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver's licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact [insert details of authorised person appointed for purposes of s. 53A(5)]. TAKE NOTICE Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: