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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 34J

Safety Director may give directions if persons fail to make safety interface agreements

S. 34J(1) amended by No. 23/2013 s. 51(1).

    (1)     This section applies if the Safety Director is satisfied that a rail transport operator or relevant road authority referred to in section 34B, 34C, 34D, 34E or 34F is—

        (a)     unreasonably refusing or failing to enter into a safety interface agreement with another person as required under this Division; or

        (b)     unreasonably delaying the negotiation of that agreement.

S. 34J(2) amended by No. 23/2013 s. 51(1).

    (2)     The Safety Director may serve a written notice on the rail transport operator or relevant road authority (as the case requires).

    (3)     A written notice under subsection (2)—

S. 34J(3)(a) amended by No. 23/2013 s. 51(1).

        (a)     must warn the rail transport operator or relevant road authority (as the case requires) of the powers of the Safety Director under this section, including the power to issue a direction under subsection (5) at any time after a specified date; and

        (b)     must contain a copy of this section; and

        (c)     may contain suggested terms for inclusion in a safety interface agreement.

S. 34J(4) amended by No. 23/2013 s. 51(1).

    (4)     If the Safety Director serves a notice under subsection (2) to a rail transport operator or relevant road authority, the Safety Director may, in writing, request the person served with the notice to provide such information as the Safety Director reasonably requires for the purposes of making a direction under subsection (5).

    (5)     If a notice is issued under this section and a safety interface agreement has not been entered into by or on the date specified in that notice, the Safety Director

        (a)     may determine the arrangements to apply in relation to the management of risks to safety referred to in section 34B, 34C, 34D, 34E or 34F (as the case requires); and

        (b)     may direct either or both persons to whom the notice is issued to give effect to those arrangements; and

        (c)     must specify by when a direction must be complied with.

    (6)     A direction under subsection (5)—

        (a)     must be in writing; and

        (b)     must set out any arrangements determined by the Safety Director.

S. 34J(7) amended by No. 23/2013 s. 51(2).

    (7)     A person who is given a direction under subsection (5) must comply with the direction.

Penalty:     In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.

S. 34K inserted by No. 69/2007 s. 61.



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