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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 19 November 2017 at 13:55)
Part 3 Division 1 Section 35
35   Accreditation required for railway operations
(1)  A person must not carry out, or cause or permit to be carried out, any railway operations unless the person:
(a)  is a rail transport operator who:
(i)  is accredited under this Part in relation to those operations, or
(ii)  is exempt under this Act from compliance with this section in relation to those operations, or
(b)  carries out those operations, or causes or permits those operations to be carried out, for or on behalf of:
(i)  a rail transport operator who is accredited under this Part in relation to those operations, or
(ii)  a rail transport operator who is exempt under this Act from compliance with this section in relation to those operations, or
(c)  is exempt under this Act from compliance with this section in relation to those operations.
Maximum penalty:
(a)  in the case of a corporation—5,000 penalty units, or
(b)  in the case of an individual—500 penalty units.
Note.
 If a body corporate and related bodies corporate are involved, an exemption may be given so that only one of the bodies need be accredited (related body corporate means related by virtue of section 50 of the Corporations Act 2001 of the Commonwealth).
(2)  Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, who carries out rail safety work for or on behalf of a rail transport operator or other person who:
(a)  is accredited under this Part in relation to that rail safety work, or
(b)  is exempt under this Act from compliance with this section in relation to that rail safety work.