§ 51 — Safety inspections and monitoring

51.—(1) The LTA or independent safety auditor may, by notice in writing, require, after the opening of a cross‑border railway —(a)

any licensee for the cross-border railway;

(b)

the concessionaire for the cross-border railway; or

(c)

a subcontractor of a licensee for the cross‑border railway,

to undergo such inspection or monitoring as the LTA or independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway.

(2) In addition, the independent safety auditor may, by notice in writing, after the opening of a cross‑border railway, require the LTA if there is no concession agreement granted for the cross‑border railway, to undergo such inspection or monitoring as the independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway.

(3) For the purposes of any inspection or monitoring under subsection (1) or (2), the LTA or independent safety auditor may in respect of any person described in subsection (1) or (2), by notice in writing, require from that person such information as the LTA or independent safety auditor, as the case may be, considers relevant to the inspection or monitoring.

(4) Any person to whom a notice under subsection (1), (2) or (3) is given who, without reasonable excuse, fails to comply with the requirements of the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

—(1) The LTA or independent safety auditor may, by notice in writing, require, after the opening of a cross‑border railway —(a)

any licensee for the cross-border railway;

(b)

the concessionaire for the cross-border railway; or

(c)

a subcontractor of a licensee for the cross‑border railway,

to undergo such inspection or monitoring as the LTA or independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway.

(2) In addition, the independent safety auditor may, by notice in writing, after the opening of a cross‑border railway, require the LTA if there is no concession agreement granted for the cross‑border railway, to undergo such inspection or monitoring as the independent safety auditor considers, on reasonable grounds, necessary in the interests of ensuring the safety of the cross‑border railway.

(3) For the purposes of any inspection or monitoring under subsection (1) or (2), the LTA or independent safety auditor may in respect of any person described in subsection (1) or (2), by notice in writing, require from that person such information as the LTA or independent safety auditor, as the case may be, considers relevant to the inspection or monitoring.

(4) Any person to whom a notice under subsection (1), (2) or (3) is given who, without reasonable excuse, fails to comply with the requirements of the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.