Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_58
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 58
Character Range: 74732–75683

58  Compliance with safety management system
 (1) A rail transport operator must implement the rail transport operator's safety management system.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
 (2) A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator's safety management system for the rail transport operator's railway operations.
Penalty: In the case of a natural person:
Penalty: In the case of a body corporate:
 (3) It is a reasonable excuse if the rail transport operator—
 (a) complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation; or
 (b) demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.
 (4) Sub‑section (3) does not limit the excuses that may be reasonable excuses.