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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 22

Rail contractor duties

S. 22(1) amended by No. 23/2013 s. 24(1).

    (1)     A rail contractor who—

        (a)     designs, commissions, constructs, manufactures, supplies, installs, erects, maintains, repairs, modifies or decommissions any thing; and

        (b)     knows, or ought reasonably to know, that the thing is to be or was used as rail infrastructure or rolling stock

must—

        (c)     ensure, so far as is reasonably practicable—

              (i)     that the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified; or

              (ii)     that the thing is decommissioned safely; and

        (d)     carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and

        (e)     in the case of a thing to which paragraph (c)(i) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—

              (i)     the use for which the thing was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified; and

              (ii)     the results of any testing or examination referred to in paragraph (d); and

              (iii)     any conditions necessary to ensure the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified.

Penalty:     In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.

S. 22(2) amended by No. 23/2013 s. 24(2).

    (2)     A rail contractor who supplies railway operations to a rail transport operator must, so far as is reasonably practicable, ensure the safety of those operations.

Penalty:     In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.

    (3)     Without limiting subsection (2), a rail contractor contravenes that subsection if the rail contractor fails to do any of the following—

        (a)     in the case of a rail contractor that manages or operates rail infrastructure, provide or maintain rail infrastructure that is, so far as is reasonably practicable, safe;

        (b)     in the case of a rail contractor that operates rolling stock, provide or maintain rolling stock that is, so far as is reasonably practicable, safe;

        (c)     provide or maintain systems of rail safety work that are, so far as is reasonably practicable, safe;

S. 22(3)(d) amended by No. 23/2013 s. 24(3).

        (d)     supply railway operations in accordance with the safety management system of the rail transport operator that has engaged the rail contractor to supply railway operations to them;

        (e)     provide, so far as is reasonably practicable, such—

              (i)     information, instruction, training or supervision to rail safety workers as is necessary to enable those workers to perform their rail safety work in a way that is safe; and

              (ii)     information to persons on railway premises (other than rail safety workers) as is necessary to enable those persons to ensure their safety.

    (4)     An offence against subsection (1) or (2) is an indictable offence.

Note to s. 22(4) amended by No. 68/2009 s. 97(Sch. item 101.3).

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

    (5)     For the purposes of subsection (1), if the person who supplies the thing—

        (a)     carries on the business of financing the acquisition of the thing by customers; and

        (b)     has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and

        (c)     has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—

the reference in subsection (1) to the person who supplies that thing is instead taken to be a reference to the third person.

S. 22A (Heading) amended by No. 23/2013 s. 25(1).

S. 22A inserted by No. 69/2007 s. 57.



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