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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 24 April 2017 at 01:46)
Part 6 Division 1
Division 1 Improvement notices
112   Improvement notices
(1)  A rail safety officer may serve an improvement notice on a person if the officer believes on reasonable grounds that the person:
(a)  is contravening a provision of a rail safety law, or
(b)  has contravened a provision of a rail safety law and it is likely that the contravention will continue or be repeated, or
(c)  is carrying out or has carried out railway operations that threaten safety, or
(d)  is a roads authority responsible for a road or work that is part of a rail or road crossing that threatens the safety of railway operations.
(2)  An improvement notice may require the person, within the period specified in the notice:
(a)  to undertake remedial rail safety work or do any other thing to remedy the contravention or likely contravention, or the matters or activities occasioning the contravention or likely contravention, or
(b)  to carry out railway operations so that safety is not threatened or likely to be threatened.
(3)  An improvement notice may require a roads authority, within the period specified in the notice, to carry out operations in relation to the rail or road crossing so that safety is not threatened or likely to be threatened.
(4)  The period within which a person is required by the improvement notice to comply with the notice must be at least 7 days after service of the notice.
(5)  An improvement notice must:
(a)  state the reasons for the service of the notice, and
(b)  in the case of an improvement notice served in respect of a contravention or likely contravention of a rail safety law, specify the provision of the rail safety law in respect of which that belief is held, and
(c)  in the case of an improvement notice served on a person who is carrying out or has carried out railway operations that threaten safety, or on a roads authority in respect of a rail or road crossing that threatens safety, specify the operations or matters in respect of which that belief is held, and
(d)  include information about the right to a review under Division 3 of the decision to serve the notice, and
(e)  set out the penalty for contravening the notice, and
(f)  include a statement of the effect of section 115 (Proceedings for offences not affected by improvement notices), and
(g)  state that it is served under this section.
(6)  An improvement notice served on a person on a ground stated in subsection (1) (a) or (b):
(a)  may specify a method by which the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, are to be remedied, and
(b)  may offer the person on whom the notice has been served a choice of ways by which an alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, may be remedied, and
(c)  may specify that the person provide the ITSRR with a program of rail safety work that the person proposes to carry out to remedy the alleged contravention or likely contravention, or the matters or activities occasioning the alleged contravention or likely contravention, and
(d)  may include a timetable for the completion of the program of rail safety work.
(7)  An improvement notice served on a person on a ground stated in subsection (1) (c) or (d):
(a)  may specify a method by which railway operations or operations in relation to a rail or road crossing may be carried out so that safety is not threatened or likely to be threatened, and
(b)  may offer the person on whom the notice has been served a choice of ways by which operations may be carried out so that safety is not threatened or likely to be threatened, and
(c)  may specify that the person provide the ITSRR with a program of operations that the person proposes to carry out to remedy the threat or likely threat to safety, and
(d)  may include a timetable for the completion of the program of operations.
(8)  Words and expressions used in this section have the same meanings as they have in Division 3 of Part 2.
113   Contravention of improvement notice
(1)  A person on whom an improvement notice has been served must comply with the notice unless the person has a reasonable excuse.
Maximum penalty:
(a)  in the case of a corporation (being a previous offender)—750 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—500 penalty units, or
(c)  in the case of an individual not acting in the capacity of an employee (being a previous offender)—375 penalty units, or
(d)  in the case of an individual not acting in the capacity of an employee (not being a previous offender)—250 penalty units, or
(e)  in the case of an individual acting in the capacity of an employee (being a previous offender)—22.5 penalty units, or
(f)  in the case of an individual acting in the capacity of an employee (not being a previous offender)—15 penalty units.
(2)  In proceedings against a person for an offence of engaging in conduct that results in a contravention of a requirement of an improvement notice served on a ground stated in section 112 (1) (a) or (b), it is a defence if the defendant establishes that:
(a)  the alleged contravention or likely contravention, or
(b)  the matters or activities occasioning the alleged contravention or likely contravention,
were remedied within the period specified in the notice, though by a method different from that specified in the improvement notice.
(3)  In proceedings against a person for an offence of engaging in conduct that results in a contravention of a requirement of an improvement notice on the ground stated in section 112 (1) (c) or (d), it is a defence if the defendant establishes that the threat to safety was removed within the period specified in the notice, though by a method different from that specified in the improvement notice.
114   Withdrawal or amendment of improvement notices
(1)  An improvement notice served by a rail safety officer:
(a)  may be withdrawn by notice served by a rail safety officer on the person affected by the notice, and
(b)  may be amended by any rail safety officer by notice served on the person affected by the notice.
(2)  An amendment of an improvement notice is effected by service on the person affected of a notice stating the terms of the amendment.
(3)  An amendment of an improvement notice served on a person is ineffective if it purports to deal with a contravention of a different provision of a rail safety law from that dealt with in the improvement notice as first served.
(4)  A notice of an amendment of an improvement notice must:
(a)  state the reasons for the amendment, and
(b)  include information about obtaining a review under Division 3 of the decision to amend the notice, and
(c)  state that it is served under this section.
115   Proceedings for offences not affected by improvement notices
The service, amendment or withdrawal of an improvement notice does not affect any proceedings for an offence against a rail safety law in connection with any matter in respect of which the improvement notice was served.
116   ITSRR to arrange for rail safety work required by improvement notice to be carried out
(1)  If a person fails to comply with an improvement notice served on the person that requires the person to carry out rail safety work to remedy:
(a)  the alleged contravention or likely contravention, or
(b)  the matters or activities occasioning the alleged contravention or likely contravention,
the ITSRR may arrange for that rail safety work to be carried out.
(2)  The ITSRR may recover from the person served with an improvement notice referred to in subsection (1) the reasonable costs and expenses incurred by the ITSRR for any such rail safety work.