255Contravention of rail safety undertaking

255 Contravention of rail safety undertaking

255 Contravention of rail safety undertaking

(1) If the Regulator considers that a person has contravened an undertaking accepted by the Regulator, the Regulator may apply to the court for enforcement of the undertaking.

(2) If the court is satisfied that the person has contravened the undertaking, the court, in addition to the imposition of any penalty, may make any of the following orders—

(a) an order that the person must comply with the undertaking or take specified action to comply with the undertaking;

(b) an order discharging the undertaking;

(c) an order directing the person to pay to the Regulator—

(i) the costs of the proceedings; and

(ii) the reasonable costs of the Regulator in monitoring compliance with the rail safety undertaking in the future;

(d) any other order that it considers appropriate in the circumstances.

(3) A person must not fail to comply with an order under this section.

Maximum penalty—

(a) in the case of an individual—$5 000;

(b) in the case of a body corporate—$25 000.

(4) Nothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Law to which the rail safety undertaking relates.