(2) A person (a who under an labour-hire entity) S. 22A(2) agreement or arrangement supplies to a rolling amended by No. 23/2013 stock operator the services of an individual that s. 25(3). labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. Note to Note s. 22A(3) 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 101.4). 23 Duties of rail safety workers (1) A rail safety worker, when carrying out rail safety S. 23(1) amended by work must— No. 23/2013 s. 26(2). (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by the rail safety worker's acts or omissions; and (c) co-operate with the rail transport operator or S. 23(1)(c) amended by rail contractor employing or engaging them No. 23/2013 with respect to any action taken by the rail s. 26(1). transport operator to comply with a requirement imposed by or under this Act or the regulations. Penalty: $300 000 or imprisonment for 5 years or both.
S. 22A(2) amended by No. 23/2013 s. 25(3). (2) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. Note to s. 22A(3) amended by No. 68/2009 s. 97(Sch. item 101.4). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 23 Duties of rail safety workers S. 23(1) amended by No. 23/2013 s. 26(2). (1) A rail safety worker, when carrying out rail safety work must— (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by the rail safety worker's acts or omissions; and S. 23(1)(c) amended by No. 23/2013 s. 26(1). (c) co-operate with the rail transport operator or rail contractor employing or engaging them with respect to any action taken by the rail transport operator to comply with a requirement imposed by or under this Act or the regulations. Penalty: $300 000 or imprisonment for 5 years or both.
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