12Tribunal direction to implement or modify safety management system after audit

12 Tribunal direction to implement or modify safety management system after audit

12 Tribunal direction to implement or modify safety management system after audit

(1) The Tribunal may direct a network operator to take specified action to implement or modify the operator’s safety management system if the Tribunal considers that, based on a system auditor’s report—

(a) the network operator is failing to properly implement the safety management system, or

(b) it is necessary for the system to be modified.

(2) A direction must be written and specify—

(a) the action to be taken, and

(b) the period of time in which the action must be taken.

(3) The Tribunal may require the network operator to give the Tribunal specified evidence of compliance with the Tribunal’s direction.

(4) A network operator must comply with a direction under this section.

Maximum penalty for subsection (4)—

(a) for a corporation—10,000 penalty units, or

(b) otherwise—5,000 penalty units.