Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person must not carry out, or cause or permit to be carried out, railway operations unless the person:
(a) is a rail transport operator who is accredited under this Part in relation to those operations; or
(b) is a contractor carrying out those operations, or causing or permitting those operations to be carried out, for or on behalf of a rail transport operator who is accredited under this Part in relation to those operations.
Fault elements:
The person:
(a) intentionally carries out, or causes or permits to be carried out, railway operations; and
(b) is reckless as to the circumstance of the rail transport operator's accreditation.
Maximum penalty: 2 00 penalty units .
(2) Subsection (1) does not apply:
(a) to a rail safety worker, who is not a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who is accredited under this Part in relation to that rail safety work; or
(b) if an exemption under this Part or section 184 applies to the person or the rail transport operator for or on whose behalf the operations are carried out.
Example for subsection (2)
If a body corporate and related bodies corporate are involved, an exemption may be given so that only one of the bodies need be accredited (related, for bodies corporate, is dealt with in section 50 of the Corporations Act 2001).