Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_28:p2
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 28 (pt 2/2)
Character Range: 42438–44167

the scheduling, control and monitoring of railway operations that ensure, so far as is reasonably practicable, the safety of the manager's railway operations.
 (4) Without limiting sub‑section (1), a rolling stock operator contravenes that sub‑section if the rolling stock operator fails to do any of the following—
 (a) provide or maintain rolling stock that, so far as is reasonably practicable, is safe;
 (b) ensure, so far as is reasonably practicable, that any maintenance, commissioning, modification, construction, repair or cleaning of rolling stock is carried out in a way that, so far as is reasonably practicable, ensures safety;
 (c) comply, so far as is reasonably practicable, with such rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager's rail infrastructure by the rolling stock operator;
 (d) so far as is reasonably practicable, establish and maintain equipment, procedures and systems to minimise risks to the safety of the operator's railway operations;
 (e) make arrangements for ensuring, so far as is reasonably practicable, safety in connection with the use, operation and maintenance of the operator's rolling stock.
 (5) For the purposes of this section, the duties of a rail transport operator under this section extend to a contractor engaged by the operator, and any employees of the contractor, in relation to matters over which the operator has control or would have control if not for any agreement purporting to limit or remove that control.
Note: Local variations for consistency with OHS legislation.
 (6) An offence against sub‑section (1) is an indictable offence.