Civil penalty for breach of train path obligation

In force

(1)

A railway manager is liable to pay the State a civil penalty if the railway manager breaches, without a reasonable excuse, any of the following obligations (the train path obligations)—

(a)

section 265(1);

(b)

section 266(4), (5A) or (5E);

(c)

section 266A(2).

(2)

A civil penalty may be imposed on a railway manager either by—

(a)

a penalty notice given to the railway manager by the chief executive; or

(b)

an order made by the Supreme Court under section 266G.

(3)

If the penalty is imposed under a penalty notice, the amount of the penalty is—

(a)

for breach of section 265(1), 266(4) or 266(5A)—$5,000; or

(b)

for breach of section 266(5E) or 266A(2)—$25,000.

Note—

For the amount of the penalty that may be imposed by the Supreme Court, see section 266G.

This Act’s bill:Explanatory memorandum

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266B Civil penalty for breach of train path obligation