an offence under one of those sections in respect of that failure. S. 48DB 48DB Duty of rail transport operator in relation to works (Heading) on or in immediate vicinity of road infrastructure amended by No. 22/2013 A rail transport operator must, when exercising a s. 69(1). power or performing a duty under this Act on or S. 48DB inserted by in the immediate vicinity of road infrastructure, No. 17/2009 ensure, so far as is reasonably practicable, that he, s. 18, amended by she or it exercises the power or performs the duty No. 22/2013 safely. s. 69(2). In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. Note to Note s. 48DB See also Division 2 of Part 4 of the Rail Safety inserted by No. 19/2010 and Subdivision 2 of Division 6 (Local Operations) Act 2006 s. 45, of Part 3 of the Rail Safety National Law (Victoria). amended by No. 22/2013 s. 69(3). S. 48DC 48DC Exercising a power or performing a duty safely inserted by No. 17/2009 (1) To avoid doubt, a duty imposed on a person under s. 18. this Division to ensure, so far as is reasonably practicable, that a power is exercised, or a duty is performed, safely requires the person to— (a) eliminate risks to safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Division, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring that
an offence under one of those sections in respect of that failure. S. 48DB (Heading) amended by No. 22/2013 s. 69(1). S. 48DB inserted by No. 17/2009 s. 18, amended by No. 22/2013 s. 69(2). 48DB Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure A rail transport operator must, when exercising a power or performing a duty under this Act on or in the immediate vicinity of road infrastructure, ensure, so far as is reasonably practicable, that he, she or it exercises the power or performs the duty safely. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. Note to s. 48DB inserted by No. 19/2010 s. 45, amended by No. 22/2013 s. 69(3). Note See also Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006 and Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law (Victoria). S. 48DC inserted by No. 17/2009 s. 18. 48DC Exercising a power or performing a duty safely (1) To avoid doubt, a duty imposed on a person under this Division to ensure, so far as is reasonably practicable, that a power is exercised, or a duty is performed, safely requires the person to— (a) eliminate risks to safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Division, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring that
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