(1) If a person has a duty or obligation under this Law, an officer of the
person must exercise due diligence to ensure that the person complies with
that duty or obligation.
(2) An officer of a person referred to in subsection
(1) may be convicted or found guilty of an offence under this Law relating to
a duty under this section whether or not the person has been convicted or
found guilty of an offence under this Law relating to the duty or obligation.
(3) In this section--
"due diligence" includes taking reasonable steps--
(a) to acquire and keep
up-to-date knowledge of rail safety matters; and
(b) to gain an understanding
of the nature of the railway operations of the person and, generally, of the
risks associated with those operations; and
(c) to ensure that the person has
available for use, and uses, appropriate resources and processes to eliminate
or minimise risks to safety from the railway operations of the person; and
(d) to ensure that the person has appropriate processes for receiving and
considering information regarding incidents and risks and responding in a
timely way to that information; and
(e) to ensure that the person has, and
implements, processes for complying with any duty or obligation of the person
under this Law; and
(f) to verify the provision and use of the resources and
processes referred to in paragraphs (c) to (e).
