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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 23

Duties of rail safety workers

S. 23(1) amended by No. 23/2013 s. 26(2).

    (1)     A rail safety worker, when carrying out rail safety work must—

        (a)     take reasonable care for his or her own safety; and

        (b)     take reasonable care for the safety of persons who may be affected by the rail safety worker's acts or omissions; and

S. 23(1)(c) amended by No. 23/2013 s. 26(1).

        (c)     co-operate with the rail transport operator or rail contractor employing or engaging them with respect to any action taken by the rail transport operator to comply with a requirement imposed by or under this Act or the regulations.

Penalty:     $300 000 or imprisonment for 5 years or both.

S. 23(2) amended by No. 23/2013 s. 26(1)(3).

    (2)     A rail safety worker, when carrying out rail safety work, must not intentionally or recklessly interfere with or misuse anything provided to them by the rail transport operator or rail contractor employing or engaging them—

        (a)     in the interests of safety; or

        (b)     under this Act or the regulations.

Penalty:     $300 000 or imprisonment for 5 years or both.

S. 23(3) amended by No. 23/2013 s. 26(4).

    (3)     A rail safety worker, when carrying out rail safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

Penalty:     $300 000 or imprisonment for 5 years or both.

    (4)     For the purposes of subsection (1)(a), (b) or (c), in determining whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.

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

Note to s. 23(5) amended by No. 68/2009 s. 97(Sch. item 101.5).

Note

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

S. 23A inserted by No. 49/2011 s. 22.



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