Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 48

Offence to fail to comply with conditions etc.

48. Offence to fail to comply with conditions etc.



(1) An accredited rail operator must comply with any condition or restriction
imposed on the accreditation that the operator has been given notice of.

Penalty: In the case of a natural person, 1800 penalty units or imprisonment
for 12 months or both; In the case of a body corporate, 9000 penalty units.

(2) An accredited rail operator must comply with the condition of
accreditation set out in section 46(5).

Penalty: 2000 penalty units.

(3) In any proceedings for an offence under subsection (2) against an
accredited rail operator, the fact that a rail safety worker has been found
guilty of an offence against section 76(1)(a) or (b) while carrying out rail
safety work for that operator is admissible in evidence.

(4) An offence against subsection (1) 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).

Division 3-Risk management requirements for accreditation