RAIL SAFETY NATIONAL LAW (NSW) - SECT 198
Response to certain reports
RAIL SAFETY NATIONAL LAW (NSW) - SECT 198
Response to certain reports
198 Response to certain reports
(1) The Regulator may, if of the opinion as a result of a
report to which this section applies that action is necessary for the purpose
of the safe construction or operation of a railway, direct a rail transport
operator, by written notice, to install on or with respect to the
infrastructure of the railway, or on or with respect to rolling stock, within
the time specified in the notice, safety or protective systems, devices,
equipment or appliances specified in the notice.
(2) A direction under this
section must state the reasons why the Regulator considers it is necessary for
the rail transport operator to take the action specified in the direction and
include information about the right of review under Part 7.
(3) If the action
specified to be taken in a direction is, in the opinion of the Regulator,
likely to result in significant costs or expenses to the rail transport
operator, the Regulator must, before giving the direction--
(a) conduct or
cause to be conducted a cost-benefit analysis of the effect of taking the
action; 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 action.
(4) A rail transport
operator must not, without reasonable excuse, fail to comply with a direction
under this section.
: Maximum penalty--
(a) in the case of an individual--$150
000;
(b) in the case of a body corporate--$1 500 000.
(5) Subsection (4)
places an evidential burden on the accused to show a reasonable excuse.
(6) A
"report to which this section applies" is--
(a) a report (including any
recommendations) following an inquest held by a coroner under an Act of a
participating jurisdiction; or
