sec.51Principles applying to rail safety duties

sec.51 Principles applying to rail safety duties

A duty under this Law cannot be transferred to another person. A person can have more than 1 duty under this Law by virtue of being in more than 1 class of duty holder. More than 1 person can concurrently have the same duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty. If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity). (sec.51-ssec.1) A duty under this Law cannot be transferred to another person. (sec.51-ssec.2) A person can have more than 1 duty under this Law by virtue of being in more than 1 class of duty holder. (sec.51-ssec.3) More than 1 person can concurrently have the same duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty. (sec.51-ssec.4) If more than 1 person has a duty for the same matter, each person— retains responsibility for the person’s duty in relation to the matter; and must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).

• (a) retains responsibility for the person’s duty in relation to the matter; and
• (b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).