Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p31
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 31/43)
Character Range: 97666–100453

omit "notify the rail authority, and";
 (g) in subclause (3)(b), for "provide the" substitute "provide any".
 (5) For clauses 14.1.2(4) and (5) substitute –
 "{(4) An offence against {subclause} (3) is an offence of strict liability.}".
 (6) For clauses 14.1.3(1) – (3) substitute –
 "(1) This {clause} applies if:
 (a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and
 (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. (14.1‑road, amd/2)
 (2) In the case of a prime contractor, the prime contractor must ensure that the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.
Offence provision.
 (3) In the case of a rail operator, the rail operator must:
 (a) notify the Competent Authority of the incident as soon as is practicable after the incident; and
 (b) deal with the food or food packaging as directed by the Competent Authority.
Offence provision.".
 (7) In clause 14.1.3(4) –
 (a) after "(2) or" insert "a direction under {sub‑clause}";
 (b) for "(e) may" substitute "(f)" may".
 (8) In clause 14.1.4 –
 (a) in the heading, for ", rail operators and drivers" substitute "and rail operators";
 (b) in subclause (2), for "the incident, the driver must notify the prime contractor or rail operator and the Competent Authority about the incident, and provide the following details" substitute "becoming aware of the incident, the prime contractor or rail operator responsible for the transport of the goods must provide the Competent Authority with the following details about the incident";
 (c) at the end of subclause (2) insert –
                  [Drafting note: In jurisdictions that have implemented the model rail safety legislation, there is an obligation on rail operators to provide the rail safety regulator with similar information within 72 hours after becoming aware of the incident.  If there is a likelihood that the rail safety regulator in a jurisdiction may also be a Competent Authority, these differing obligations (and the obligation in subrule (3)) should be reconciled.]
 (d) omit subclause (3);
 (e) in subclause (4) –
 (i) for "(4) Not" substitute "(3) Not";
 (ii) omit "the driver and";
 (iii) omit "each";
 (f) for paragraphs (d) and (e) substitute –
 "(d) what the driver believes to be the likely cause of the incident;
 (e) what the prime contractor or rail operator believes to be the likely cause of the incident;"
 (9) For clause 14.1.4(5) substitute –
 "{(4) An offence against {subclause}