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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 28 January 2020 at 12:06)
Part 7 Division 3
Division 3 Enforceable voluntary undertakings
140   ITSRR may accept undertakings
(1)  The ITSRR may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
(2)  The person may withdraw or vary the undertaking at any time but only with the ITSRR’s written consent.
(3)  Neither the ITSRR nor a rail safety officer may bring proceedings for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which an undertaking that is in force relates.
141   Enforcement of undertakings
(1)  If the ITSRR considers that a person has contravened an undertaking accepted by the ITSRR, the ITSRR may apply to the Local Court constituted by an Industrial Magistrate for enforcement of the undertaking.
(2)  If the Local Court is satisfied that the person has contravened the undertaking, it may make:
(a)  an order that the person must comply with the undertaking or take specified action to comply with the undertaking, or
(b)  any other order that it considers appropriate.