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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 28 June 2017 at 22:32)
Part 9 Section 175
175   Application of work health and safety legislation
(1)  If a provision of the work health and safety legislation applies to railway operations, that provision continues to apply, and must be observed, in addition to this Act and the regulations made under this Act.
(2)  If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the work health and safety legislation, the provision of the work health and safety legislation prevails to the extent of any inconsistency.
(3)  Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the work health and safety legislation.
Note.
 For example, a person may be guilty of an offence under the work health and safety legislation in respect of any act or omission that is expressly required or permitted to be done or omitted by or under this Act or the regulations made under this Act.
(4)  Where an act or omission constitutes an offence under this Act or the regulations made under this Act and:
(a)  under the work health and safety legislation, or
the offender is not liable to be punished twice in respect of the offence.