Victorian Numbered Acts Victorian Numbered Acts(1) A rail contractor who—
(a) designs, commissions, constructs, manufactures, supplies, installs, erects, maintains, repairs, modifies or decommissions any thing; and
(b) knows, or ought reasonably to know, that the thing is to be or was used as rail infrastructure or rolling stock—
must—
(c) ensure, so far as is reasonably practicable—
(i) that the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified; or
(ii) that the thing is decommissioned safely; and
(d) carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; and
(e) in the case of a thing to which paragraph (c)(i) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about—
(i) the use for which the thing was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified; and
(ii) the results of any testing or examination referred to in paragraph (d); and
(iii) any conditions necessary to ensure the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, erected, maintained, repaired or modified.
Penalty: In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(2) A rail contractor who supplies rail infrastructure operations or rolling stock operations to a rail operator must, so far as is reasonably practicable, ensure the safety of those operations.
Penalty: In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(3) Without limiting sub-section (2), a rail contractor contravenes that sub-section if the rail contractor fails to do any of the following—
(a) in the case of a rail contractor that manages or operates rail infrastructure, provide or maintain rail infrastructure that is, so far as is reasonably practicable, safe;
(b) in the case of a rail contractor that operates rolling stock, provide or maintain rolling stock that is, so far as is reasonably practicable, safe;
(c) provide or maintain systems of rail safety work that are, so far as is reasonably practicable, safe;
(d) supply rail infrastructure operations or rolling stock operations in accordance with the safety management system of the rail operator that has engaged the rail contractor to supply rail infrastructure operations or rolling stock operations to them;
(e) provide, so far as is reasonably practicable, such—
(i) information, instruction, training or supervision to rail safety workers as is necessary to enable those workers to perform their rail safety work in a way that is safe; and
(ii) information to persons on railway premises (other than rail safety workers) as is necessary to enable those persons to ensure their safety.
(4) An offence against sub-section (1) or (2) is an indictable offence.
Note: However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).
(5) For the purposes of sub-section (1), if the person who supplies the thing—
(a) carries on the business of financing the acquisition of the thing by customers; and
(b) has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and
(c) has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer—
the reference in sub-section (1) to the person who supplies that thing is instead taken to be a reference to the third person.