(1) Section 74
does not apply to a rail transport operator during the development period.
(2) During the
development period the Rail Safety Regulator may give a rail transport
operator a written instruction relating to the development of an alcohol and
drug management programme under section 74.
(3) A rail transport
operator must comply with a written instruction given under
subsection (2) within any time specified in the instruction.
Penalty:
(a) for
an individual —
(i)
for a first offence, a fine of $28 000;
(ii)
for a second or subsequent offence, a fine of
$41 000;
(b) for
a body corporate —
(i)
for a first offence, a fine of $280 000;
(ii)
for a second or subsequent offence, a fine of
$410 000.
(4)
Subsections (1), (2) and (3) cease to apply to a rail transport
operator once the operator has an alcohol and drug management programme under
section 74.