In New South Wales (NSW), a range of laws regulates conduct on and around railways to protect passengers, workers, and infrastructure. These laws are primarily found in the Crimes Act 1900 (NSW) and the Rail Safety Act 2008 (NSW), along with supporting regulations.

Railway Offences

Obstructing Railways

It is a criminal offence to deliberately or recklessly obstruct a railway line or interfere with the operation of a train. Such actions can endanger lives and significantly disrupt services. Penalties may include substantial fines and imprisonment.

Endangering Passengers

Any behaviour that puts passengers or railway personnel at risk can lead to serious criminal charges. This includes both deliberate and negligent actions, with penalties reaching up to three years’ imprisonment.

Tampering with Railway Operations

Interference with railway infrastructure, such as tampering with signals, causing derailments, or damaging rail property, is considered a serious offence. These actions can carry heavy penalties due to the potential for catastrophic outcomes.

Other Offences

The Rail Safety Act 2008 and its regulations also address less severe offences, such as:

• Offensive or disorderly behaviour on trains
• Smoking in prohibited areas
• Transporting animals in violation of regulations

Legal Provisions: Summary of Relevant Sections

Section 211 – Criminal Acts Involving Railways

• Severe offences include acts intended to cause death, injury, or derailment.
• Penalties: Up to 25 years’ imprisonment for acts causing harm; up to 14 years for damage to locomotives or rolling stock.

Section 212 – Endangering Safety on Railways

• Covers unlawful acts or negligent omissions that put railway users at risk.
• Penalty: Up to 3 years’ imprisonment.

Section 213 – Obstructing Railway Operations

• Criminalises intentional obstruction of trains or tracks without a lawful excuse.
• Penalty: Up to 2 years’ imprisonment or 200 penalty units (or both), depending on whether the offence is tried summarily or on indictment.
• Exemptions: Industrial actions and disputes are not considered offences under this section.

Section 214 – Alternative Verdicts

• If a person is tried under Section 211 but not convicted, the court may instead convict under Sections 212 or 213 as lesser offences.

Additional Legal Considerations

Penalties

The severity of punishment depends on the nature and impact of the offence. Courts may impose fines, imprisonment, or both.

Possible Defences

Legal defences may apply in some cases, including:

• Duress
• Necessity
• Self-defence

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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