South Australian Consolidated Acts South Australian Consolidated Acts59—Compliance with safety management system
(1) A rail transport
operator must implement the rail transport operator's safety management
system.
Maximum penalty:
(a)
where the offender is a body corporate—$300 000;
(b)
where the offender is a natural person—$100 000.
(2) A rail transport
operator must not, without reasonable excuse, fail to comply with the rail
transport operator's safety management system for the rail transport
operator's railway operations.
Maximum penalty:
(a)
where the offender is a body corporate—$300 000;
(b)
where the offender is a natural person—$100 000.
(3) It is a reasonable
excuse if the rail transport operator—
(a)
complies with the safety management system to the extent practicable while
complying with a condition or restriction of accreditation; or
(b)
demonstrates that compliance with the system in particular circumstances would
have increased the likelihood of a notifiable occurrence happening.
(4)
Subsection (3) does not limit the excuses that may be reasonable excuses.