(1)  A rail transport operator must implement the rail transport operator's safety management system.

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 not, without reasonable excuse, fail to comply with the rail transport operator's safety management system for the rail transport operator's railway operations.

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.

(3)  It is a reasonable excuse for the purposes of subsection (2) if the rail transport operator –

(a) complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation; or

(b) demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.

(4)  Subsection (3) does not limit the excuses that may be reasonable excuses.