National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
101Contravention of improvement notice
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101 Contravention of improvement notice
(1) A person on whom an improvement notice has been served must comply with the notice unless the person has a reasonable excuse.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
(2) In proceedings against a person for an offence of engaging in conduct that results in a contravention of a requirement of an improvement notice served on a ground stated in section 100(1)(a) or (b), it is a defence if the person charged establishes that— (a) the alleged contravention or likely contravention; or (b) the matters or activities occasioning the alleged contravention or likely contravention— were remedied within the period specified in the notice, though by a method different from that specified in the improvement notice. (3) In proceedings for an offence against a person of engaging in conduct that results in a contravention of a requirement of an improvement notice on the ground stated in section 100(1)(c), it is a defence if the person charged establishes that the threat to safety was removed within the period specified in the notice, though by a method different from that specified in the improvement notice.