New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 9

9 Duties of designers, manufacturers, suppliers etc

(1) A person who designs, commissions, manufactures, supplies, installs or erects any thing that the person knows, or ought reasonably to know, is to be used as or in connection with rail infrastructure or rolling stock must:

(a) ensure, so far as is reasonably practicable, that the thing is safe if it used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected, and

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

(c) take such action as is necessary to ensure, so far as is reasonably practicable, 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, manufactured, supplied, installed or erected, and

(ii) the results of any testing or examination referred to in paragraph (b), and

(iii) any conditions necessary to ensure, so far as is reasonably practicable, the thing is safe when it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.

Maximum penalty:

(a) in the case of a corporation (being a previous offender)-7,500 penalty units, or

(b) in the case of a corporation (not being a previous offender)-5,000 penalty units, or

(c) in the case of an individual (being a previous offender)-750 penalty units or imprisonment for 2 years, or both, or

(d) in the case of an individual (not being a previous offender)-500 penalty units.

(2) A person who decommissions any rail infrastructure or rolling stock must:

(a) ensure, so far as is reasonably practicable, that the decommission is carried out safely, and

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

Maximum penalty:

(a) in the case of a corporation (being a previous offender)-1,500 penalty units, or

(b) in the case of a corporation (not being a previous offender)-1,000 penalty units, or

(c) in the case of an individual (being a previous offender)-150 penalty units or imprisonment for 2 years, or both, or

(d) in the case of an individual (not being a previous offender)-100 penalty units.

(3) 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.