New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 13

13 Implementation of and compliance with safety management system

(1) A rail transport operator must implement the rail transport operator’s safety management system.

Maximum penalty:

(a) in the case of a corporation-3,000 penalty units, or

(b) in the case of an individual-300 penalty units.

(2) A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator’s safety management system for the railway operations for which the operator is required to be accredited.

Maximum penalty:

(a) in the case of a corporation-3,000 penalty units, or

(b) in the case of an individual-300 penalty units.

(3) It is a reasonable excuse if the rail transport operator:

(a) complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation, or

(b) demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.

(4) Subsection (3) does not limit the excuses that may be reasonable excuses.