137ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

137A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock (1) An Authority must, when carrying out any works on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it carries out those works safely. 1. 9000 penalty units. Note to s. 137A(1) inserted by No. 48/2021 s. 86(1). (2) A works contractor must, when carrying out works on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out those works safely. 1. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. Note to s. 137A(2) inserted by No. 48/2021 s. 86(2). (3) An offence against subsection (1) or (2) is an indictable offence. Note to s. 137A(3) amended by No. 68/2009 s. 97(Sch. item 133.1). However, the offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**). S. 137A(3A) inserted by No. 41/2019 s. 117(Sch. 1 item 13.1). (3A) Nothing in subsection (1) or (2) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding. S. 137A(4) def. of *rail infrastructure* substituted by Nos 22/2013 s. 77, 41/2019 s. 117(Sch. 1 item 13.2(a)). ***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria); S. 137A(4) def. of *rolling stock* substituted by Nos 22/2013 s. 77, 41/2019 s. 117(Sch. 1 item 13.2(b)). ***rolling stock*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria); ***works contractor*** means a person engaged directly or indirectly by an Authority to carry out works on behalf of the Authority, and includes a sub-contractor. S. 137B inserted by No. 9/2006 s. 161.