(1) A rail operator must at all times have in place a safety management system in respect of the rail operations that the rail operator carries out that complies with the requirements of this Act and the regulations.
Penalty: In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(2) An offence against sub-section (1) 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 ).