New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 213

Obstructing a railway

213 Obstructing a railway

(1) A person who--
(a) intentionally and without lawful excuse, does an act, or omits to do an act, which causes the passage or operation of a locomotive or other rolling stock on a railway to be obstructed, or
(b) assists a person to do or omit to do such an act, with the knowledge that the person's intention to do or omit to do that act is without lawful excuse,
commits an offence.
: Maximum penalty--
(a) for an offence dealt with summarily--200 penalty units or imprisonment for 2 years, or both, or
(b) for an offence dealt with on indictment--imprisonment for 2 years.
Note--: See also the Crimes (Sentencing Procedure) Act 1999 , section 15 which continues to apply.
(2) The maximum penalty specified in subsection (1) for an offence dealt with summarily applies regardless of the Criminal Procedure Act 1986 , section 267.
(3) A person does not commit an offence under this section if the conduct forms part of the following--
(a) industrial action,
(b) an industrial dispute,
(c) an industrial campaign.



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