Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 20

Before section 19 of the Principal Act insert —

        " 18A     Principles applying to rail safety duties

    (1)     A duty under this Act or the regulations cannot be transferred to another person.

    (2)     A person can have more than one duty under this Act or the regulations by virtue of being in more than one class of duty holder.

    (3)     More than one person can concurrently have the same duty under this Act or the regulations and each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.

    (4)     If more than one person has a duty for the same matter, each person—

        (a)     retains responsibility for the person's duty in relation to the matter; and

        (b)     must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).".