62Accreditation required for railway operations

62 Accreditation required for railway operations

62 Accreditation required for railway operations

(1) A person must not carry out any railway operations unless the person—

(a) is a rail transport operator who—

(i) is accredited under this Part in respect of those operations; or

(ii) is exempt under this Law from compliance with this section in respect of those operations; or

(b) is carrying out those operations for or on behalf of—

(i) a rail transport operator who is accredited under this Part in respect of those operations; or

(ii) a rail transport operator who is exempt under this Law from compliance with this section in respect of those operations; or

(c) is exempt under this Law from compliance with this section in respect of those operations.

Maximum penalty—

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

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

Note.

If a body corporate and related bodies corporate are involved, an exemption may be given so that only 1 of the bodies need be accredited (related body corporate meaning related by virtue of section 50 of the Corporations Act 2001 of the Commonwealth).

(2) Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who—

(a) is accredited under this Part; or

(b) is exempt under this Law from compliance with this section,

in relation to that rail safety work.