(2) An offence against subsection (1) is an indictable offence. Note Note to s. 28(2) However, the offence may be heard and determined amended by No. 68/2009 summarily (see section 28 of the Criminal Procedure s. 97(Sch. Act 2009). item 101.7). 28A Provision of access to SMS to Safety Director or S. 28A inserted by transport safety officer No. 47/2006 s. 41. (1) The Safety Director may request, in writing, an S. 28A(1) amended by accredited rail transport operator to provide the Nos 49/2011 Safety Director, or a transport safety officer, s. 18(1), 23/2013 s. 33. access to the railway premises of the accredited rail transport operator, and any document or equipment at those railway premises, for the purpose of enabling the Safety Director, or the transport safety officer, to inspect the safety management system of the accredited rail transport operator. (2) An accredited rail transport operator must comply S. 28A(2) amended by with a request under subsection (1) within 7 days Nos 49/2011 after receiving the request. s. 18(2), 23/2013 s. 33. 15 penalty units. 28B Requirements of exempted rail transport operator S. 28B (Heading) amended by No. 23/2013 s. 34(1). S. 28B inserted by No. 49/2011 s. 19. (1) A rail transport operator who holds an exemption S. 28B(1) amended by granted under Division 5A of Part 5 or No. 23/2013 section 69B must establish a system and s. 34(2)(3). arrangements to ensure the safe management of the railway operations the rail transport operator carries out.
(2) An offence against subsection (1) is an indictable offence. Note to s. 28(2) amended by No. 68/2009 s. 97(Sch. item 101.7). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 28A inserted by No. 47/2006 s. 41. 28A Provision of access to SMS to Safety Director or transport safety officer S. 28A(1) amended by Nos 49/2011 s. 18(1), 23/2013 s. 33. (1) The Safety Director may request, in writing, an accredited rail transport operator to provide the Safety Director, or a transport safety officer, access to the railway premises of the accredited rail transport operator, and any document or equipment at those railway premises, for the purpose of enabling the Safety Director, or the transport safety officer, to inspect the safety management system of the accredited rail transport operator. S. 28A(2) amended by Nos 49/2011 s. 18(2), 23/2013 s. 33. (2) An accredited rail transport operator must comply with a request under subsection (1) within 7 days after receiving the request. 15 penalty units. S. 28B (Heading) amended by No. 23/2013 s. 34(1). S. 28B inserted by No. 49/2011 s. 19. 28B Requirements of exempted rail transport operator S. 28B(1) amended by No. 23/2013 s. 34(2)(3). (1) A rail transport operator who holds an exemption granted under Division 5A of Part 5 or section 69B must establish a system and arrangements to ensure the safe management of the railway operations the rail transport operator carries out.
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