Victorian Consolidated Legislation

Gas Industry Act 2001 - SECT 149A

Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

149A. Safety duties in relation to works on or in immediate vicinity of rail
infrastructure or rolling stock



(1) A gas distribution company or gas transmission company must, when
exercising a power under this Division on or in the immediate vicinity of rail
infrastructure or rolling stock, ensure, so far as is reasonably practicable,
that they safely exercise the power.

Penalty: 9000 penalty units.

(2) A person authorised in writing by a gas distribution company or gas
transmission company under section 148(7) or 149(6) to exercise a power of the
gas distribution company or gas transmission company under those sections
must, when exercising the power on or in the immediate vicinity of rail
infrastructure or rolling stock, ensure, so far as is reasonably practicable,
that they safely exercise the power.

Penalty: In the case of a natural person, 1800 penalty units; In the case of a
body corporate, 9000 penalty units.

(3) An offence against subsection (1) or (2) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).