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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 14 December 2017 at 16:59)
Part 2
Part 2 General rail safety
Division 1 Duties to ensure public safety of railway operations
8   Duties of rail transport operators and other persons carrying out railway operations
(1)  A rail transport operator who carries out railway operations must ensure, so far as is reasonably practicable, the safety of the railway operations.
Maximum penalty:
(a)  in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—500 penalty units.
Note.
 Safety is defined in section 4 (1) as meaning the safety of people, including passengers, rail safety workers, other users of railways, users of rail or road crossings and the general public.
(2)  Without limiting subsection (1), a rail transport operator contravenes that subsection if the operator fails to do any of the following:
(a)  develop or implement, so far as is reasonably practicable, safety systems for the carrying out of the railway operations,
(b)  ensure, so far as is reasonably practicable, that each rail safety worker who is to perform rail safety work in relation to the railway operations is of sufficient good health and fitness to carry out that work safely and is competent to undertake that work,
(c)  ensure, so far as is reasonably practicable, that rail safety workers do not carry out rail safety work in relation to the operator’s rail safety operations, and are not on duty, while the prescribed concentration of alcohol is present in their blood or while under the influence of a drug,
(d)  ensure, so far as is reasonably practicable, that rail safety workers who perform rail safety work in relation to the operator’s railway operations comply with the operator’s fatigue management program under this Act,
(e)  provide, so far as practicable, adequate facilities for the safety of persons at any railway premises under the control or management of the operator,
(f)  provide, so far as is reasonably practicable:
(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 contravenes that subsection if the manager fails to do any of the following:
(a)  ensure, so far as is reasonably practicable, that any design, construction, commissioning, use, installation, modification, maintenance or decommissioning of the manager’s rail infrastructure is done or carried out in a way that ensures, so far as is practicable, the safety of railway operations,
(b)  establish, so far as is reasonably practicable, such systems and procedures for the scheduling, control and monitoring of railway operations that ensure, so far as is reasonably practicable, the safety of the manager’s railway operations.
(4)  Without limiting subsection (1), a rolling stock operator contravenes that subsection if the rolling stock operator fails to do any of the following:
(a)  provide or maintain rolling stock that, so far as is reasonably practicable, is safe,
(b)  ensure, so far as is reasonably practicable, that any maintenance, commissioning, use, modification, construction, repair or cleaning of rolling stock is carried out in a way that, so far as is reasonably practicable, ensures safety,
(c)  comply, so far as is reasonably practicable, with such 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,
(d)  so far as is reasonably practicable, establish and maintain equipment, procedures and systems to minimise risks to safety of the operator’s railway operations,
(e)  make arrangements for ensuring, so far as is reasonably practicable, safety in connection with the use, operation and maintenance of the operator’s rolling stock.
(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.
9   Duties of designers, manufacturers, suppliers etc
(1)  A person who designs, commissions, manufactures, supplies, installs or erects any thing that the person knows, or ought reasonably to know, is to be used as or in connection with rail infrastructure or rolling stock must:
(a)  ensure, so far as is reasonably practicable, that the thing is safe if it used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected, and
(b)  carry out, or arrange the carrying out, of such testing and examination of the thing as may be necessary for compliance with this section, and
(c)  take such action as is necessary to ensure, so far as is reasonably practicable, that there will be available in connection with the use of the thing adequate information about:
(i)  the use for which the thing was designed, commissioned, manufactured, supplied, installed or erected, and
(ii)  the results of any testing or examination referred to in paragraph (b), and
(iii)  any conditions necessary to ensure, so far as is reasonably practicable, the thing is safe when it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.
Maximum penalty:
(a)  in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—500 penalty units.
(2)  A person who decommissions any rail infrastructure or rolling stock must:
(a)  ensure, so far as is reasonably practicable, that the decommission is carried out safely, and
(b)  carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section.
Maximum penalty:
(a)  in the case of a corporation (being a previous offender)—1,500 penalty units, or
(b)  in the case of a corporation (not being a previous offender)—1,000 penalty units, or
(c)  in the case of an individual (being a previous offender)—150 penalty units or imprisonment for 2 years, or both, or
(d)  in the case of an individual (not being a previous offender)—100 penalty units.
(3)  For the purposes of subsection (1), if the person who supplies the thing:
(a)  carries on the business of financing the acquisition of the thing by customers, and
(b)  has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person, and
(c)  has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer,
the reference in subsection (1) to the person who supplies that thing is instead taken to be a reference to the third person.
10   Duties of rail safety workers
(1)  A rail safety worker, when carrying out rail safety work, must:
(a)  take reasonable care for his or her own safety, and
(b)  take reasonable care for the safety of people who may be affected by the rail safety worker’s acts or omissions, and
(c)  co-operate with the rail transport operator with respect to any action taken by the rail transport operator to comply with a requirement imposed by or under this Act or the regulations.
(2)  A rail safety worker, when carrying out rail safety work, must not intentionally or recklessly interfere with or misuse anything provided to them by the rail operator:
(a)  in the interests of safety, or
(b)  under this Act or the regulations.
(3)  A rail safety worker, when carrying out rail safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.
(4)  In determining, for the purposes of subsection (1) (a), (b) or (c), whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.
Maximum penalty:
(a)  in the case of a previous offender—45 penalty units, or
(b)  in any other case—30 penalty units.
Note.
 The duties and other requirements of this Act and the regulations do not preclude the operation of the work health and safety legislation. Section 175 provides for this and other matters relating to the relationship between this Act and the regulations and the work health and safety legislation.
11   (Repealed)
Division 2 Safety management of railway operations
12   Safety management system
(1)  A rail transport operator must have a safety management system that complies with this section for railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  The safety management system must:
(a)  be in a form approved by the ITSRR, and
(b)  comply with the relevant requirements, and the risk management principles, methods and procedures, prescribed by the regulations, and
(c)  identify and assess any risks to safety that have arisen or may arise from the carrying out of railway operations, for which the rail transport operator is required to be accredited, on or in relation to the rail transport operator’s rail infrastructure or rolling stock, and
(d)  specify the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks to safety and to monitor safety in relation to those railway operations, and
(e)  include procedures for monitoring, reviewing and revising the adequacy of those controls, and
(f)  include the following:
(i)  measures to manage risks to safety identified under Division 3,
(ii)  a security management plan in accordance with section 16,
(iii)  an emergency management plan in accordance with section 17,
(iv)  a health and fitness management program in accordance with section 18,
(v)  a drug and alcohol management program in accordance with section 19,
(vi)  a fatigue management program in accordance with section 20.
(3)  A rail transport operator, before establishing, reviewing or varying a safety management system for railway operations for which the operator is required to be accredited, must consult, so far as is reasonably practicable, with:
(a)  persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the rail transport operator’s railway premises or with the rail transport operator’s rolling stock, and
(b)  trade unions, or other employee organisations, representing any such persons, and
(c)  health and safety representatives under the Work Health and Safety Act 2011 who represent persons with whom the rail transport operator is required to consult under this section, and
(d)  any other rail transport operator with whom the first-mentioned operator has an interface agreement under Division 3 relating to risks to safety of railway operations carried out by or on behalf of either of them, and
(e)  the public, as appropriate.
(4)  If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an interface agreement under Division 3 with the first-mentioned rail transport operator, when taken as one system, comply with this section, both safety management systems are taken to comply with this section.
(5)  A safety management system must be evidenced in writing and:
(a)  must identify each person responsible for preparing any part of the safety management system, and
(b)  must identify the person, or class of persons, responsible for implementing the system.
(6)  In this Part a reference to a safety management system includes a reference to a plan or program or other matter referred to in subsection (2) (f).
13   Implementation of and compliance with safety management system
(1)  A rail transport operator must implement the rail transport operator’s safety management system.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator’s safety management system for the railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(3)  It is a reasonable excuse if the rail transport operator:
(a)  complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation, or
(b)  demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.
(4)  Subsection (3) does not limit the excuses that may be reasonable excuses.
14   Review of safety management system
A rail transport operator must review the rail transport operator’s safety management system in accordance with the regulations:
(a)  at such times or within such periods as are prescribed by the regulations, or
(b)  if no times or periods are so prescribed, at least once each calendar year or at such other times or within such other periods as are agreed between the rail transport operator and the ITSRR.
Maximum penalty:
(a)  in the case of a corporation—300 penalty units, or
(b)  in the case of an individual—150 penalty units.
15   Safety performance reports
(1)  A rail transport operator must give the ITSRR a safety performance report in respect of each reporting period that:
(a)  is in a form approved by the ITSRR, and
(b)  complies with the requirements (if any) prescribed by the regulations for the purposes of this section, and
(c)  contains the following:
(i)  a description and assessment of the safety performance of the rail transport operator’s railway operations,
(ii)  comments on any deficiencies in, and any irregularities in, the railway operations that may be relevant to the safety of the railway,
(iii)  a description of any safety initiatives in relation to the railway operations undertaken during the reporting period or proposed to be undertaken in the next reporting period,
(iv)  any other information or performance indicators prescribed by the regulations for the purpose of this section.
(2)  A rail transport operator must submit a report in accordance with this section within 6 months after the end of each reporting period or within such other period as is agreed from time to time by the ITSRR and the rail transport operator.
(3)  In this section, reporting period means a calendar year, or such other period as is agreed from time to time by the ITSRR and the rail transport operator.
Maximum penalty:
(a)  in the case of a corporation—300 penalty units, or
(b)  in the case of an individual—150 penalty units.
16   Security management plan
(1)  A rail transport operator must have a security management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a)  incorporates measures to protect people from theft, assault, sabotage, terrorism and other criminal acts of other parties and from other harm, and
(b)  complies with this Act and the regulations.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  A rail transport operator must ensure that the appropriate response measures of the security management plan are implemented without delay if a security incident occurs.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
17   Emergency management plan
(1)  A rail transport operator must have an emergency management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a)  addresses and includes the matters prescribed by the regulations, and
(b)  is prepared in conjunction with emergency services, and in accordance with the regulations, and
(c)  is tested, and kept and maintained, in accordance with the regulations.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  The rail transport operator must provide a copy of the emergency management plan to the emergency services and any other person prescribed by the regulations.
Maximum penalty: 25 penalty units.
(3)  A rail transport operator must ensure that the appropriate response measures of the emergency management plan are implemented if an emergency occurs.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(4)  In this section, emergency service means a body prescribed by the regulations for the purposes of this definition.
18   Health and fitness management program
A rail transport operator must have a health and fitness management program for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to health and fitness management programs.
Note.
 It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
19   Drug and alcohol management program
(1)  A rail transport operator must have a drug and alcohol management program for rail safety workers who carry out, or are about to carry out, rail safety work in connection with railway operations for which the operator is required to be accredited.
(2)  The drug and alcohol management program is to include any matters required to be included by the regulations.
(3)  Without limiting subsections (1) and (2), the regulations are to include requirements with respect to the following:
(a)  protocols for fair procedures,
(b)  education and assistance of rail safety workers.
(4)  The ITSRR may at any time arrange with a rail transport operator for the random testing of any person on duty for the purpose of carrying out, or who is about to carry out, rail safety work for the presence of alcohol or any other drug to ensure that the operator is complying with this section.
(5)  Schedule 1 has effect.
(6)  For the purposes of this section, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker:
(a)  has left home or a temporary residence for work (being rail safety work), and
(b)  has not commenced work after having so left home or the temporary residence.
Note.
 It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
20   Fatigue management
(1)  A rail transport operator must have a program for the management of fatigue for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to fatigue management.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  A rail transport operator must, in accordance with Schedule 2, provide conditions of work for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
Note.
 The regulations may exempt (either unconditionally or subject to conditions) a rail transport operator from an obligation under subsection (2), see section 174 (3)).
21   Competence of rail safety workers
(1)  A rail transport operator must, so far as is reasonably practicable, ensure that each rail safety worker who is to carry out rail safety work in connection with railway operations for which the operator is required to be accredited has the competence to carry out that work.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  For the purposes of subsection (1), the competence of a rail safety worker to carry out rail safety work must be assessed:
(a)  by reference to:
(i)  any qualification or unit of competence applicable to the work being carried out that is recognised under the Australian Qualifications Framework overseen by the Ministerial Council on Education, Employment, Training and Youth Affairs, or
(ii)  if subparagraph (i) does not apply, the prescribed provisions applicable to the rail safety work to be carried out, and
(b)  by reference to the knowledge and skills of the rail safety worker that are needed to enable the worker to carry out the rail safety work safely.
(3)  For the purposes of subsection (2), a certificate purporting to have been issued under the Australian Qualifications Framework to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence.
(4)  Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work.
(5)  A rail transport operator must maintain records in accordance with the regulations of the competence of rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty (subsection (5)): 25 penalty units.
22   Identification for rail safety workers
(1)  A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the rail transport operator’s railway operations has a form of identification that is sufficient to enable the type of competence and training of the rail safety worker for that rail safety work to be checked by a rail safety officer.
(2)  A rail safety worker who is carrying out rail safety work must, when requested by a rail safety officer to do so, produce the identification provided in accordance with subsection (1) to the rail safety officer.
Maximum penalty: 25 penalty units.
23   Other persons to comply with safety management system
A person, not being an employee employed to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator must comply with the safety management system of the rail transport operator to the extent that it applies to those railway operations.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
24   ITSRR may direct amendment of a safety management system
(1)  The ITSRR may direct a rail transport operator, by notice in writing, to amend the operator’s safety management system within a specified period, being not less than 28 days after the giving of the direction.
(2)  A direction under this section must state the reasons why the ITSRR considers it is necessary for the rail transport operator to amend the safety management system.
(3)  The rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty: 500 penalty units.
Division 3 Interface co-ordination
25   Interpretation
(1)  In this Division:
interface agreement means an agreement in writing about managing risks to safety identified and assessed under this Division that includes provisions for:
(a)  implementing and maintaining measures to manage those risks, and
(b)  the evaluation, testing and, if appropriate, revision of those measures, and
(c)  the respective roles and responsibilities of each party to the agreement in relation to those measures, and
(d)  procedures by which each party to the agreement will monitor compliance with the obligations under the agreement, and
(e)  a process for reviewing and revising the agreement.
public road does not include a Crown road.
rail or road crossing means:
(a)  a railway crossing, or
(b)  a bridge carrying a road over a railway, or
(c)  a bridge carrying a railway over a road.
railway crossing means:
(a)  a level crossing, or
(b)  any area where a footpath or shared path crosses a railway or tram tracks at substantially the same level.
roads authority, in relation to a road that is not a public road or a Crown road, means the owner of the road.
(2)  Words and expression used in this Division have the same meanings as they have in the Roads Act 1993 and the Road Rules 2008.
26   Interface co-ordination—rail transport operators
(1)  A rail transport operator:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of the operator and that may be caused wholly or partly by railway operations carried out by or on behalf of any other rail transport operator, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the other rail transport operator or rail transport operators.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  Except to the extent provided by the regulations, subsection (1) (c) does not apply if none of the rail transport operators is a rail infrastructure manager.
27   Interface co-ordination—rail infrastructure manager—public roads
A rail infrastructure manager:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a public road or any road work of a public road, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority for the road.
28   Interface co-ordination—rail infrastructure manager—roads other than public roads
(1)  A rail infrastructure manager:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a road (other than a public road) or any road work of any such road, and
(b)  must consider whether it is necessary to manage those risks in conjunction with the roads authority for the road.
(2)  If the rail infrastructure manager is of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager:
(a)  must give written notice of that opinion to the roads authority and must determine measures to manage, so far as is reasonably practicable, those risks, and
(b)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority in relation to the road or road work.
(3)  If the rail infrastructure manager is not of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager must keep a written record of that opinion.
29   Interface co-ordination—obligations of roads authorities
(1)  A roads authority for a public road:
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations carried out on or in relation to any rail infrastructure, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
(2)  A roads authority that is given a notice under section 28 (2):
(a)  must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations, and
(b)  must determine measures to manage, so far as is reasonably practicable, those risks, and
(c)  must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
(3)  Nothing in this section authorises or requires a roads authority to act inconsistently with, or without regard to, the functions conferred on it by or under any other Act.
(4)  Nothing in this Division affects the operation of the Civil Liability Act 2002 with respect to roads authorities.
30   Assessment of risks
A rail transport operator, rail infrastructure manager or roads authority that is required under this Division to identify and assess risks to safety that may arise from operations carried out by another person may do so:
(a)  by itself identifying and assessing those risks, or
(b)  by identifying and assessing those risks jointly with the other person, or
(c)  by adopting the identification and assessment of those risks carried out by the other person.
31   Scope of interface agreements
An interface agreement:
(a)  may be entered into by 2 or more rail transport operators or by one or more rail transport operators and one or more roads authorities, and
(b)  may include measures to manage any number of risks to safety that may arise because of, or partly because of, any railway operations, and
(c)  may include measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road or road work, and
(d)  may make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document, and
(e)  may consist of 2 or more documents.
32   Interface arrangements may be directed to be made
(1)  The ITSRR may appoint a person (the appointed person) to exercise functions under this section in relation to interface arrangements.
(2)  The ITSRR may only appoint a person under this section if the person is not associated with any rail transport operator, rail infrastructure manager or roads authority subject to the proposed interface arrangements.
(3)  An appointed person may exercise functions under this section if the person is satisfied that a rail transport operator, rail infrastructure manager or roads authority:
(a)  is unreasonably refusing or failing to enter into an interface agreement with another person as required by this Division, or
(b)  is unreasonably delaying the negotiation of such an agreement.
(4)  The appointed person may issue a written notice to the rail transport operator, rail infrastructure manager or roads authority and the other person that:
(a)  warns of the appointed person’s powers under this section, including the power to issue a direction under this section after a specified date, and
(b)  includes a copy of this section, and
(c)  may contain suggested terms for inclusion in an interface agreement.
(5)  An appointed person who issues a notice under this section may also, in writing, request the rail transport operator, rail infrastructure manager or roads authority concerned to provide such information as the appointed person reasonably requires for the purposes of making a direction under this section.
(6)  If an interface agreement is not entered into by or on the date specified in a notice under this section, the appointed person:
(a)  may determine the arrangements that are to apply in relation to the management of the applicable risks to safety referred to in this Division, and
(b)  may direct either or both persons to whom the notice is issued to give effect to those arrangements, and
(c)  must specify the date by which the direction must be complied with.
(7)  A direction:
(a)  must be in writing, and
(b)  must set out any arrangements determined by the appointed person under subsection (6).
(8)  A person to whom a direction is given under this section must comply with the direction.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
33   Register of interface agreements
(1)  A rail transport operator must maintain a register of the following that are applicable to the operator’s railway operations:
(a)  interface agreements to which it is a party,
(b)  arrangements determined by an appointed person under this Division.
(2)  A roads authority must maintain a register of the following that are applicable to the roads or road works for which it is a roads authority:
(a)  interface agreements to which it is a party,
(b)  arrangements determined by an appointed person under this Division.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.