RAIL SAFETY NATIONAL LAW (NSW) - SECT 255
Contravention of rail safety undertaking
RAIL SAFETY NATIONAL LAW (NSW) - SECT 255
Contravention of rail safety undertaking
255 Contravention of rail safety undertaking
(1) If the Regulator considers that a person has contravened an undertaking
accepted by the Regulator, the Regulator may apply to the court for
enforcement of the undertaking.
(2) If the court is satisfied that the person
has contravened the undertaking, the court, in addition to the imposition of
any penalty, may make any of the following orders--
(a) an order that the
person must comply with the undertaking or take specified action to comply
with the undertaking;
(b) an order discharging the undertaking;
(c) an order
directing the person to pay to the Regulator--
(i) the costs of the
proceedings; and
(ii) the reasonable costs of the Regulator in monitoring
compliance with the rail safety undertaking in the future;
(d) any other
order that it considers appropriate in the circumstances.
(3) A person must
not fail to comply with an order under this section.
: Maximum penalty--
(a)
in the case of an individual--$5 000;
(b) in the case of a body
corporate--$25 000.
(4) Nothing in this section prevents proceedings being
brought for the contravention or alleged contravention of this Law to which
the rail safety undertaking relates.
