104Regulator may direct amendment of safety management system

104 Regulator may direct amendment of safety management system

104 Regulator may direct amendment of safety management system

(1) The Regulator may, by written notice given to an accredited person, direct the person to amend the person’s safety management system in a specified manner within a specified period, being not less than 28 days after the giving of the direction.

(2) Before giving a direction to amend a safety management system under subsection (1), the Regulator must, if the intended amendment is likely to result in significant costs or expenses to the accredited person or any other person—

(a) conduct or cause to be conducted a cost-benefit analysis of the effect of the intended amendment; and

(b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the intended amendment.

(3) A direction under subsection (1)—

(a) must state the reasons why the Regulator considers it necessary for the rail transport operator to amend the safety management system; and

(b) must include (if applicable) the results of any cost-benefit analysis carried out under this section; and

(c) must include information about the right of review under Part 7.

(4) An accredited person must not, without reasonable excuse, fail to comply with a direction under subsection (1).

Maximum penalty—

(a) in the case of an individual—$50 000;

(b) in the case of a body corporate—$500 000.

(5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse.