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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 21 August 2017 at 16:24)
Part 6 Division 1 Section 112
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.