14Duty of officers

#### 14 Duty of officers 14 Duty of officers > > (1) If a provider of a passenger service or booking service has a safety duty under this Act (a duty holder), an officer of the duty holder must exercise due diligence to ensure that the duty holder complies with that duty or obligation. > > > (2) An officer of a duty holder may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the duty holder has been convicted or found guilty of an offence under this Act relating to the duty or obligation. > > > (3) In this section— > > > > due diligence includes taking reasonable steps— > > > > > (a) to acquire and keep up-to-date knowledge of safety matters relating to passenger services, and > > > > > (b) to gain an understanding of the nature of the operations of the passenger service provided by the duty holder, or for which the duty holder provides a booking service, and generally of the hazards and risks associated with the operation of the passenger service, and > > > > > (c) to ensure that the duty holder has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from the operation of the passenger service, and > > > > > (d) to ensure that the duty holder has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information, and > > > > > (e) to ensure that the duty holder has, and implements, processes for complying with any safety duty of the duty holder, and > > > > > (f) to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e). > > > > officer— > > > > > (a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, and > > > > > (b) in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the passenger service or booking service provided by the person.