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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 22A

Duties of persons providing railway operations by means of contracted personnel

S. 22A(1) amended by No. 23/2013 s. 25(2).

    (1)     A person (a labour-hire entity ) who under an agreement or arrangement supplies to a rail infrastructure manager the services of an individual that labour-hire entity employs or engages to carry out railway operations for that manager must, so far as is reasonably practicable, ensure that that individual is competent to carry out the railway operations.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

S. 22A(2) amended by No. 23/2013 s. 25(3).

    (2)     A person (a labour-hire entity ) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

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

Note to s. 22A(3) amended by No. 68/2009 s. 97(Sch. item 101.4).

Note

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



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