149ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

149A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock (1) A gas distribution company or gas transmission company must, when exercising a power under this Division on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that they safely exercise the power. 1. 9000 penalty units. (2) A person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) to exercise a power of the gas distribution company or gas transmission company under those sections must, when exercising the power on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that they safely exercise the power. 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. S. 149A(4) inserted by No. 41/2019 s. 117(Sch. 1 item 6.2). (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. Note to s. 149A amended by No. 68/2009 s. 97(Sch. item 63.1). However, the offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**). S. 149B inserted by No. 9/2006 s. 158(2).