TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 22 New section 20 substituted

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 22

For section 20 of the Principal Act substitute —

        "     20     Duties of rail transport operators

    (1)     A rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator's railway operations.

Penalty:     In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.

    (2)     Without limiting subsection (1), a rail transport operator must ensure, so far as is reasonably practicable—

        (a)     that safe systems for the carrying out of the operator's railway operations are developed and implemented; and

        (b)     that each rail safety worker who is to perform rail safety work in relation to the operator's railway operations—

              (i)     is of sufficient good health and fitness to carry out that work safely; and

              (ii)     is competent to undertake that work; and

        (c)     that rail safety workers do not carry out rail safety work in relation to the operator's railway operations, and are not on duty, while impaired by alcohol or a drug; and

        (d)     that rail safety workers who perform rail safety work in relation to the operator's railway operations do not carry out rail safety work while impaired by fatigue or if they may become so impaired; and

        (e)     the provision of adequate facilities for the safety of persons at any railway premises under the control or management of the operator; and

        (f)     the provision of—

              (i)     such information and instruction to, and training and supervision of, rail safety workers as is necessary to enable those workers to perform rail safety work in relation to the operator's railway operations in a way that is safe; and

              (ii)     such information to rail transport operators and other persons on railway premises under the control or management of the operator as is necessary to enable those persons to ensure their safety.

    (3)     Without limiting subsection (1), a rail infrastructure manager must ensure, so far as is reasonably practicable—

        (a)     the provision or maintenance of rail infrastructure that is safe; and

        (b)     that any design, construction, commissioning, use, installation, modification, maintenance, repair or decommissioning of the manager's rail infrastructure is done or carried out in a way that ensures the safety of railway operations; and

        (c)     that systems and procedures for the scheduling, control and monitoring of railway operations are established and maintained so as to ensure the safety of the manager's railway operations; and

        (d)     that communications systems and procedures are established and maintained so as to ensure the safety of the manager's railway operations.

    (4)     Without limiting subsection (1), a rolling stock operator must ensure, so far as is reasonably practicable—

        (a)     the provision or maintenance of rolling stock that is safe; and

        (b)     that any design, construction, commissioning, use, modification, maintenance, repair or decommissioning of the operator's rolling stock is done or carried out in a way that ensures safety; and

        (c)     compliance with the rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager's rail infrastructure by the rolling stock operator; and

        (d)     that equipment, procedures and systems are established and maintained so as to minimise risks to the safety of the operator's railway operations; and

        (e)     that arrangements are made for ensuring safety in connection with the use, operation and maintenance of the operator's rolling stock; and

        (f)     that communications systems and procedures are established and maintained so as to ensure the safety of the operator's railway operations.

    (5)     This section applies to a person (other than a rail transport operator) who carries out railway operations in the same way as it applies to a rail transport operator, but does not apply if the person carries out those operations as a rail safety worker or an employee.".