Document ID: chunk:federal_register_of_legislation:F2024C00392:schedule:2:p44
Version: federal_register_of_legislation:F2024C00392
Segment Type: schedule
Provision Reference: sch 2 (pt 44/84)
Character Range: 268962–271784

(2) is an offence of strict liability.}

14.1.2  Rail operator's duties
 (1) This {clause} applies if train transporting dangerous goods is involved in an incident resulting in a dangerous situation.
 (2) The driver of the train must:
 (a) notify the rail contractor or the rail authority of the incident as soon as practicable; and
 (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
 (3) Where the rail operator is notified by the train driver of the incident, the rail operator must:
 (a) notify the rail authority, and the police or fire service, of the incident as soon as practicable; and
 (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
 (4) Where the rail authority is notified by the train driver of the incident, the rail operator must:
 (a) notify the police or fire service, of the incident as soon as practicable; and
 (b) provide the reasonable assistance required by an authorised officer, or an officer of an emergency service, to deal with the situation. (14.1‑road, amd/2)
Offence provision.
 {(5) An offence against {subclause} (3) or (4) is an offence of strict liability.}

14.1.3  Prime contractor's and rail operator's duties—food or food packaging
 (1) This {clause} applies if an incident involving food or food packaging and a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, contamination of the food or food packaging, or a fire or explosion.
 (2) The food or food packaging must not be transported from the site of an incident during road transport of dangerous goods if the Competent Authority has not given permission to the prime contractor to do so.
Offence provision.
 (3) The food or food packaging must not be removed from rail premises unless the Competent Authority has given permission to the rail operator.
Offence provision.
 (4) A permission under {subclause} (2) or (3):
 (a) must be in writing; and
 (b) must state the name of the person to whom it is given; and
 (c) must identify the relevant incident; and
 (d) must identify the food or food packaging to which it relates; and
 (e) must take into consideration any requirements of the appropriate food and health authorities; and
 (e) may contain any other information that the Competent Authority considers necessary. (14.2‑road, amd/2)
 {(5) An offence against {subclause} (2) or (3) is an offence of strict liability.}

14.1.4  Prime contractors, rail operators and drivers to inform Competent Authority
 (1) This {clause} applies if a vehicle transporting dangerous goods is involved in an incident