South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 156

156—Enforceable voluntary undertaking

        (1)         The Regulator may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.

        (2)         The person may withdraw or vary the undertaking at any time but only with the Regulator's written consent.

        (3)         Neither the Regulator nor an authorised officer may bring proceedings for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which the undertaking relates.

        (4)         If the Regulator considers that a person has contravened an undertaking accepted by the Regulator, the Regulator may apply to the Magistrates Court for enforcement of the undertaking.

        (5)         If the Magistrates Court is satisfied that the person has contravened the undertaking, it may make—

            (a)         an order that the person must comply with the undertaking or take specified action to comply with the undertaking; or

            (b)         any other order that it considers appropriate.

        (6)         A person must not fail to comply with an order under subsection (5) .

Maximum penalty: $20 000.