(1)  A rail transport operator must have a safety management system for railway operations (other than railway operations in respect of which the operator is not required to be accredited), carried out on or in relation to the rail transport operator's rail infrastructure or rolling stock, that –

(a) is in a form approved by the Rail Safety Regulator; and

(b) complies with the relevant prescribed requirements and the prescribed risk management principles, methods and procedures; and

(c) identifies and assesses any risks to safety that have arisen or may arise from the carrying out of railway operations on or in relation to the rail transport operator's rail infrastructure or rolling stock; and

(d) specifies the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks to safety and to monitor safety in relation to those railway operations; and

(e) includes procedures for monitoring, reviewing and revising the adequacy of those controls; and

(f) includes –

(i) measures to manage risks to safety identified under section 47 , 48 or 49 ; and

(ii) a security management plan in accordance with section 55 ; and

(iii) an emergency management plan in accordance with section 56 ; and

(iv) a health and fitness management program in accordance with section 57 ; and

(v) an alcohol and drug management program in accordance with section 58 ; and

(vi) a fatigue management program in accordance with section 59 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 000 penalty units; or

(b) an individual, a fine not exceeding 400 penalty units.

(2)  A rail transport operator must, before –

(a) establishing a safety management system in relation to railway operations in respect of which the operator is required to be accredited; or

(b) reviewing or varying such a safety management system –

consult, so far as is reasonably practicable, with the following:

(c) persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the rail transport operator's railway premises or with the rail transport operator's rolling stock;

(d) health and safety representatives within the meaning of the occupational health and safety legislation representing any of the persons referred to in paragraph (c) ;

(e) any union representing any of the persons referred to in paragraph (c) ;

(f) any other rail transport operator with whom the first-mentioned operator has an interface agreement under section 47 relating to risks to safety of railway operations carried out by or on behalf of either of them;

(g) the public, as appropriate.

(3)  If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an agreement referred to in subsection (2)(f) with the first-mentioned rail transport operator, when taken as one system, comply with this Act, both safety management systems are taken to comply with this Act.

(4)  A safety management system must be evidenced in writing.

(5)  A safety management system –

(a) must identify each person responsible for preparing any part of the safety management system; and

(b) must identify the person, or class of persons, responsible for implementing the system.

(6)  A rail transport operator must provide to the Rail Safety Regulator a copy of any document that constitutes –

(a) a variation of a safety management system; or

(b) a safety management system as varied by the rail transport operator –

as soon as practicable after being requested to do so by the Rail Safety Regulator.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or

(b) an individual, a fine not exceeding 40 penalty units.