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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 September 2017 at 01:45)
Part 6 Division 1 Section 113
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.