The NSW Parliament passed legislation on 21 November 2024 which introduces a maximum fine of $22,000 for the offence of obstructing a railway.
The Crimes Amendment (Obstructing a Railway) Bill 2024 (Bill) was passed by both Houses on 21 November 2024 and is currently awaiting assent. The Bill was introduced in response to recent incidents on NSW railways that have endangered public safety and to bring the penalty for this offence in line with other offences in the Crimes Act 1900 (NSW) (Crimes Act) and the Roads Act 1993 (NSW).
The Bill amends section 213 of the Crimes Act to introduce a monetary penalty of $22,000 (200 penalty units) for the summary offence of obstructing the passage or operation of rolling stock on a railway - meaning that those found guilty of a section 213 offence will now face up to 2 years’ imprisonment or a fine of up to $22,000 (200 penalty units), or both.
Section 213 did not previously specify a fine, so the default maximum fine amount which the Local Court could have imposed was $11,000 (100 penalty units) (i.e. the penalty has effectively doubled).
The Bill also confirms the following:
- if the section 213 offence comprises very serious conduct and is dealt with by a higher court on indictment, that court can also impose a sentence of imprisonment for up to 2 years and additionally impose a fine up to the jurisdictional limit of 1000 penalty units (section 15 of the Crimes (Sentencing Procedure Act) 1999 (NSW) continues to apply); and
- a person does not commit an offence under section 213 if the conduct forms part of industrial action, an industrial dispute or an industrial campaign.
For any assistance related to the Bill or guidance on penalties under the Crimes Act, please contact Chris Mitchell and Larissa Buriak.
