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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 21 July 2018 at 06:16)
Part 7 Division 2 Section 136
136   Duty of officers
(1)  If a corporation has a duty or obligation under Part 2, an officer of the corporation must exercise due diligence to ensure that the corporation complies with that duty or obligation.
Maximum penalty: the same maximum penalty that is applicable to a failure by an individual to comply with the duty or obligation.
(2)  In this section, due diligence includes taking reasonable steps:
(a)  to acquire and keep up-to-date knowledge of rail safety matters, and
(b)  to gain an understanding of the nature of the rail operations of the corporation and generally of the risks associated with those operations, and
(c)  to ensure that the corporation has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety from the rail operations of the corporation, and
(d)  to ensure that the corporation has appropriate processes for receiving and considering information regarding incidents and risks and responding in a timely way to that information, and
(e)  to ensure that the corporation has, and implements, processes for complying with any duty or obligation of the corporation under Part 2, and
(f)  to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e).
(3)  A person may be proceeded against and convicted of an offence under subsection (1) whether or not the corporation has been proceeded against or has been convicted of an offence in relation to the duty or obligation.
(4)  An officer of a corporation who is a volunteer does not commit an offence under this section.
(5)  In this section:
corporation means any body corporate (including a body corporate representing the Crown).
officer means an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth, but does not include a Minister of the Crown acting in that capacity, an elected member of a local authority acting in that capacity or a partner in a partnership.
volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).