RAIL SAFETY NATIONAL LAW (NSW) - SECT 176
Contents of improvement notices
RAIL SAFETY NATIONAL LAW (NSW) - SECT 176
Contents of improvement notices
176 Contents of improvement notices
(1) An improvement notice must--
(a) if the notice relates to a contravention
or likely contravention of this Law--
(i) state that the rail safety officer
believes the person--
(A) is contravening a provision of this Law; or
(B) has
contravened a provision of this Law in circumstances that make it likely that
the contravention will continue or be repeated; and
(ii) state the provision
the officer believes is being, or has been, contravened; and
(iii) briefly,
state how the provision is being, or has been, contravened; and
(iv) state
the day before which the person is required to remedy the contravention or
likely contravention; and
(b) in any other case--
(i) state that the rail
safety officer believes the person is carrying out or has carried out--
(A)
railway operations that threaten safety; or
(B) other operations that
threaten rail safety; and
(ii) briefly, state how--
(A) the railway
operations are threatening, or have threatened, safety; or
(B) the other
operations are threatening, or have threatened, rail safety; and
(iii) state
the day before which the person is required to carry out railway operations or
other operations so that safety is not threatened or likely to be threatened;
and
(c) if a cost-benefit analysis has been carried out under section 175,
set out the results of that analysis; and
(d) set out the penalty for
non-compliance with the notice; and
(e) include information about the right
to a review under Part 7 of the decision to serve the notice; and
(f) state
that the notice is served under this section.
(2) An improvement notice
served on a person on a ground stated in section 175(1)(a) or (b) may include
directions concerning the action to be taken to remedy the contravention or
prevent the likely contravention, or the things or operations causing the
contravention or likely contravention, to which the notice relates.
(3) An
improvement notice served on a person on the ground stated in
section 175(1)(c) may include directions concerning the action to be taken by
which railway operations or other operations to which the notice relates may
be carried out so that safety is not threatened or likely to be threatened.
(4) The day stated for compliance with the improvement notice must be
reasonable in all the circumstances.