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TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014 (NO. 27 OF 2014) - SECT 50

Service of improvement notices

    (1)     This section applies if a transport safety officer reasonably believes that a person—

        (a)     is contravening a provision of a transport safety or infrastructure law; or

        (b)     has contravened a provision of a transport safety or infrastructure law in circumstances that make it likely that the contravention will continue or be repeated; or

        (c)     is carrying out or has carried out—

              (i)     railway operations or marine operations that threaten safety; or

              (ii)     other operations that threaten rail safety or marine safety; or

        (d)     providing bus services that threaten safety or other services that threaten bus safety.

    (2)     Subject to this section, the transport safety officer may serve an improvement notice requiring the person—

        (a)     to remedy the contravention; or

        (b)     to prevent a likely contravention from occurring; or

        (c)     to remedy the things or operations causing the contravention or likely contravention; or

        (d)     to carry out railway operations or marine operations or provide bus services so that safety is not threatened or likely to be threatened.

Note

A decision whether to serve an improvement notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010 .

    (3)     Before serving an improvement notice under this section, a transport safety officer must inform the Safety Director of his or her intention to do so.



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