Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 67

67 Exemption for related bodies corporate

(1) This section applies if—

(a) immediately before the commencement, a related body corporate of a corporation was exempt under the repealed Act,   section 40(2) from the requirement to be accredited for railway operations because—  

(i) the operations were being carried out by or on behalf of both the corporation and the related body corporate; and

(ii) the corporation was accredited for the operations; and

(b) the operations are continuing to be carried out by or on behalf of both the corporation and the related body corporate on and after the commencement.

(2) The related body corporate can not be prosecuted for an offence against the national law, section 62(1) if the act or omission constituting the offence—

(a) occurs during the transitional period; and

(b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).

(3) In this section—

"transitional period" means the period starting on the commencement and ending on the earlier of the following—

(a) when the related body corporate is granted in respect of the railway operations—

(i) accreditation under the national law, part 3, division 4; or

(ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;

(b) 2 years after the commencement.