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Minister may order defects to be remedied

Rapid Transit Systems Act

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—(1) Where in the opinion of the Minister —(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; or(b)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 injury to any person, the Minister may, by order in writing, direct the Corporation or the licensee, whichever is the relevant party, or both the Corporation and the licensee, to carry out such work, or to take such steps, as the Minister may specify in the order to ensure that the condition of the railway, or of the part of the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.(2) An order made under subsection (1) may specify the time before which the Corporation or licensee or both, as the case may be, shall commence to carry out the specified work or take the specified steps and the time by which the same shall be completed.(3) The Corporation or licensee which fails without reasonable excuse to comply with an order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $500 for every day during which it is proved to the court that the failure to comply with the order has continued without reasonable excuse.(4) Any copy of a document which purports to be an order signed by the Minister for the purposes of subsection (1) shall —(a)be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and(b)be evidence of the opinion of the Minister and of the other matters contained therein.[46C

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