sec.67MPrinciples applying to duties

### sec.67M Principles applying to duties A person may have more than 1 duty because of the functions the person performs or is required to perform. More than 1 person can concurrently have the same duty. Each person must comply with the duty to the standard required under this part even if another person has the same duty. If more than 1 person has a duty for the same matter, each person— is responsible 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 the capacity but for an agreement or arrangement purporting to limit or remove that capacity. A person’s duty can not be transferred to another person. Compliance with relevant transport legislation or a safety law is not, of itself, evidence that a person has discharged a duty under this part. s 67M ins 2024 No. 2 s 38 (sec.67M-ssec.1) A person may have more than 1 duty because of the functions the person performs or is required to perform. (sec.67M-ssec.2) More than 1 person can concurrently have the same duty. (sec.67M-ssec.3) Each person must comply with the duty to the standard required under this part even if another person has the same duty. (sec.67M-ssec.4) If more than 1 person has a duty for the same matter, each person— is responsible 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 the capacity but for an agreement or arrangement purporting to limit or remove that capacity. (sec.67M-ssec.5) A person’s duty can not be transferred to another person. (sec.67M-ssec.6) Compliance with relevant transport legislation or a safety law is not, of itself, evidence that a person has discharged a duty under this part. - (a) is responsible 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— (i) has the capacity to influence and control the matter; or (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity. - (i) has the capacity to influence and control the matter; or - (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity. - (i) has the capacity to influence and control the matter; or - (ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.