198Response to certain reports

198 Response to certain reports

198 Response to certain reports

(1) The Regulator may, if of the opinion as a result of a report to which this section applies that action is necessary for the purpose of the safe construction or operation of a railway, direct a rail transport operator, by written notice, to install on or with respect to the infrastructure of the railway, or on or with respect to rolling stock, within the time specified in the notice, safety or protective systems, devices, equipment or appliances specified in the notice.

(2) A direction under this section must state the reasons why the Regulator considers it is necessary for the rail transport operator to take the action specified in the direction and include information about the right of review under Part 7.

(3) If the action specified to be taken in a direction is, in the opinion of the Regulator, likely to result in significant costs or expenses to the rail transport operator, the Regulator must, before giving the direction—

(a) conduct or cause to be conducted a cost-benefit analysis of the effect of taking the action; 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 action.

(4) A rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section.

Maximum penalty—

(a) in the case of an individual—$150 000;

(b) in the case of a body corporate—$1 500 000.

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

(6) A report to which this section applies is—

(a) a report (including any recommendations) following an inquest held by a coroner under an Act of a participating jurisdiction; or

(b) a report of an investigation held under the Transport Safety Investigation Act 2003 of the Commonwealth; or

(c) any other report of an investigation into a matter relating to rail safety.