sec.203AExemptions granted by Regulator in event of emergency

sec.203A Exemptions granted by Regulator in event of emergency

The Regulator may, in the event of an emergency, by notice in the South Australian Government Gazette, exempt rail transport operators or rail transport operators of a class, from the operation of section 114 in respect of the railway operations, or specified railway operations, of the operator. The Regulator may grant an exemption under subsection (1) — on conditions specified in the notice; and for a period (not exceeding 3 months) specified in the notice. The Regulator may, at any time, by further notice in the South Australian Government Gazette— vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2) (b) ); or cancel an exemption; or vary or cancel a condition of an exemption. A rail transport operator who, without reasonable excuse, contravenes a condition of an exemption that applies to the operator is guilty of an offence. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. Subsection (4) places an evidential burden on the accused to show a reasonable excuse. The Regulator must publish a copy of a notice under this section on the ONRSR’s website. In this section— emergency means an event or circumstance that is declared to be an emergency or disaster by— the Commonwealth or a State or Territory; or a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters. s 203A ins 2023 No. 3 (SA) s 7 (sec.203A-ssec.1) The Regulator may, in the event of an emergency, by notice in the South Australian Government Gazette, exempt rail transport operators or rail transport operators of a class, from the operation of section 114 in respect of the railway operations, or specified railway operations, of the operator. (sec.203A-ssec.2) The Regulator may grant an exemption under subsection (1) — on conditions specified in the notice; and for a period (not exceeding 3 months) specified in the notice. (sec.203A-ssec.3) The Regulator may, at any time, by further notice in the South Australian Government Gazette— vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2) (b) ); or cancel an exemption; or vary or cancel a condition of an exemption. (sec.203A-ssec.4) A rail transport operator who, without reasonable excuse, contravenes a condition of an exemption that applies to the operator is guilty of an offence. Maximum penalty: in the case of an individual—$20 000; in the case of a body corporate—$100 000. (sec.203A-ssec.5) Subsection (4) places an evidential burden on the accused to show a reasonable excuse. (sec.203A-ssec.6) The Regulator must publish a copy of a notice under this section on the ONRSR’s website. (sec.203A-ssec.7) In this section— emergency means an event or circumstance that is declared to be an emergency or disaster by— the Commonwealth or a State or Territory; or a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.