Transport Infrastructure Act 1994

This section applies if the chief executive—

suspects a railway manager has breached a train path obligation; and

proposes to impose a penalty on the railway manager under a penalty notice.

The chief executive may give the railway manager a written notice (a proposed penalty notice) proposing to impose a penalty on the railway manager on the grounds of the breach.

The proposed penalty notice must state each of the following—

the chief executive proposes to impose a penalty on the railway manager;

the grounds for imposing the proposed penalty;

an outline of the facts and circumstances forming the basis for the grounds for imposing the proposed penalty;

the railway manager may make a written submission to the chief executive, no later than 28 days after the railway manager is given the notice, as to why the penalty should not be imposed;

the way in which the submission may be made.