National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
58Compliance with safety management system
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58 Compliance with safety management system
(1) A rail transport operator must implement the rail transport operator’s safety management system.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
(2) A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator’s safety management system for the rail transport operator’s railway operations.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
(3) It is a reasonable excuse if the rail transport operator— (a) complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation; or (b) demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening. (4) Sub‑section (3) does not limit the excuses that may be reasonable excuses.