93ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

93A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock S. 93A(1) amended by No. 38/2025 ss 69, 74. (1) An electricity corporation must, when exercising a power under section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it exercises the power safely. 1. 9000 penalty units. (2) A works contractor must, when carrying out an activity referred to in section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out the activity safely. 1. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. Note to s. 93A(3) amended by No. 68/2009 s. 97(Sch. item 49.1). However, the offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**). S. 93A(4) inserted by No. 41/2019 s. 117(Sch. 1 item 3.2). (4) Nothing in subsection (1) or (2) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding. S. 93B inserted by No. 9/2006 s. 157(2), amended by No. 38/2025 ss 70, 75.