Tasmanian Numbered Acts

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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 67

Rail transport operators may be required to investigate notifiable occurrences
(1)  The Rail Safety Regulator may, by written notice to a rail transport operator, require the rail transport operator to investigate –
(a) notifiable occurrences; or
(b) any other occurrences that have endangered, or that may endanger, the safe operation of the railway operations carried out by the rail transport operator.
(2)  The level of investigation is to be determined by the severity and potential consequences of the occurrences and of other similar occurrences.
(3)  The focus of the investigation should be to determine the cause and contributing factors, rather than to apportion blame.
(4)  The rail transport operator must ensure that the investigation is conducted –
(a) in a manner approved by the Rail Safety Regulator; and
(b) within the period specified by the Rail Safety Regulator.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 400 penalty units; or
(b) an individual, a fine not exceeding 80 penalty units.
(5)  A rail transport operator who has carried out an investigation under this section must report to the Rail Safety Regulator on the investigation within the period specified by the Rail Safety Regulator.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 400 penalty units; or
(b) an individual, a fine not exceeding 80 penalty units.



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