13Tribunal may require safety management system to be implemented or modified following audit

#### 13 Tribunal may require safety management system to be implemented or modified following audit 13 Tribunal may require safety management system to be implemented or modified following audit > > (1) The Tribunal may, by written notice given to a network operator, direct the network operator to take any action specified in the notice (within any period of time specified in the notice) to implement its safety management system if the Tribunal considers that, based on a nominated auditor’s report, the network operator is failing to properly implement its system. > > > (2) The Tribunal may, by written notice given to a network operator, direct the network operator to modify the network operator’s safety management system (in any manner, and within any period of time, specified in the notice) if the Tribunal considers that, based on the nominated auditor’s report, it is necessary for the system to be so modified. > > > (3) The Tribunal may, in any written notice given to a network operator under subclause (1) or (2), require the network operator to provide to the Tribunal the evidence specified in the notice to show that the direction has been complied with. > > > (4) Without limiting subclause (3), the notice may— > > > > > (a) require the network operator to ensure that the Tribunal is provided with a written report that has been prepared by a nominated auditor and contains or addresses any matters that the Tribunal considers appropriate, and > > > > > (b) specify the manner in which, and the period within which, the evidence is to be provided. > > > (5) A network operator must comply with any direction given to, or requirement imposed on, the network operator under this clause. > > > > Maximum penalty—10,000 penalty units (in the case of a corporation) or 5,000 penalty units (in any other case). > > **cl 13:** Am 2015 No 5, Sch 8.9 \[6\] \[10\].