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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 38

Application for accreditation

S. 38(1) amended by No. 23/2013 s. 57(1).

    (1)     A rail infrastructure manager may apply to the Safety Director for accreditation in respect of the railway operations the rail infrastructure manager carries out or intends to carry out.

S. 38(2) amended by No. 23/2013 s. 57(2).

    (2)     A rolling stock operator may apply to the Safety Director for accreditation in respect of the railway operations the rolling stock operator carries out or intends to carry out.

    (3)     An application must be—

        (a)     made in the manner and form determined by the Safety Director; and

        (b)     accompanied by—

              (i)     the application fee set out in the regulations; and

              (ii)     any other things that are required by the regulations.

    (4)     The Safety Director may require an applicant to—

        (a)     supply further information specified by the Safety Director;

        (b)     verify, by statutory declaration, information supplied for the purposes of the application.

    (5)     The application, and any further information supplied by the applicant under subsection (4), must be signed in accordance with subsection (6) and declared by each signatory to be true and correct.

    (6)     The application must be signed—

        (a)     if the applicant is a body corporate—

              (i)     being a company within the meaning of the Corporations Act, in accordance with section 127 of that Act;

              (ii)     in any other case, by each director, or each member of the committee of management, of the body corporate;

        (b)     if the applicant is an unincorporated association or body, by each member of the committee of management of the association or body;

        (c)     if the applicant is a partnership, by each partner;

        (d)     if the applicant is an individual, by the individual.

    (7)     In addition, each signatory referred to in subsection (6) must declare that he or she is not a person who, under Part 2D.6 of the Corporations Act, is disqualified from managing corporations.

S. 39 substituted by No. 23/2013 s. 58.



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