Transport Infrastructure Act 1994

This section applies if—

the period under section 266D for making a submission against the imposition of the penalty has expired; and

the chief executive has considered any submission made under section 266D; and

the chief executive is satisfied the railway manager has breached the train path obligation mentioned in the proposed penalty notice without a reasonable excuse.

The chief executive may decide to impose a penalty on the railway manager on the grounds of the breach.

If the chief executive makes a decision under subsection (2), the chief executive must give the railway manager a penalty notice.

A penalty notice is a written notice that states each of the following—

the chief executive has decided to impose a penalty on the railway manager;

the reasons for the decision;

the amount of the penalty provided for under section 266B(3), and the day by which it must be paid;

that the railway manager may appeal to the Supreme Court against the decision within 28 days after the railway manager is given the penalty notice;

how to appeal.

The day for payment stated under subsection (4)(c) must not be less than 28 days after the day the penalty notice is given to the railway manager.

The State may recover the penalty from the railway manager as a debt.