RAIL SAFETY NATIONAL LAW (NSW) - SECT 104
Regulator may direct amendment of safety management system
RAIL SAFETY NATIONAL LAW (NSW) - SECT 104
Regulator may direct amendment of safety management system
104 Regulator may direct amendment of safety management system
(1) The Regulator may, by written notice given to an accredited person, direct
the person to amend the person's safety management system in a specified
manner within a specified period, being not less than 28 days after the giving
of the direction.
(2) Before giving a direction to amend a safety management
system under subsection (1), the Regulator must, if the intended amendment is
likely to result in significant costs or expenses to the accredited person or
any other person--
(a) conduct or cause to be conducted a cost-benefit
analysis of the effect of the intended amendment; and
(b) consult with the
Premier or Chief Minister, the Treasurer, and any other Minister, of a
participating jurisdiction whose area of responsibility is likely to be
affected by the intended amendment.
(3) A direction under subsection (1)--
(a) must state the reasons why the Regulator considers it necessary for the
rail transport operator to amend the safety management system; and
(b) must
include (if applicable) the results of any cost-benefit analysis carried out
under this section; and
(c) must include information about the right of
review under Part 7.
(4) An accredited person must not, without reasonable
excuse, fail to comply with a direction under subsection (1).
: Maximum
penalty--
(a) in the case of an individual--$50 000;
(b) in the case of a
body corporate--$500 000.
(5) Subsection (4) places an evidential burden on
the accused to show a reasonable excuse.
