Victorian Current Acts

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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 43

Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications

S. 43(1) amended by No. 23/2013 s. 62(1)(a).

    (1)     If the Safety Director

S. 43(1)(a) amended by No. 23/2013 s. 62(1)(a)(b).

        (a)     receives applications from 2 or more rail transport operators for the accreditation of railway operations; and

S. 43(1)(b) amended by No. 23/2013 s. 62(1)(b).

        (b)     believes that the co-ordinated preparation of their applications is necessary to ensure that the railway operations of the applicants are carried out safely—

the Safety Director may give a direction to the rail transport operators to co-ordinate their applications.

    (2)     A direction under subsection (1) must be in writing.

S. 43(3) amended by No. 23/2013 s. 62(1)(b)(c).

    (3)     A direction under this section may require each rail transport operator that is the subject of the direction to provide to another rail transport operator, also subject to the direction, information concerning any circumstances in relation to the carrying out of railway operations by them that could constitute a hazard in relation to the carrying out of railway operations by the other rail transport operator.

S. 43(4) amended by No. 23/2013 s. 62(2).

    (4)     A person who is given a direction under subsection (1) 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. 43(5) amended by No. 23/2013 s. 62(1)(c)(3).

    (5)     A rail transport operator that has co-ordinated the preparation of their application in accordance with this section must include in the application reference to information given by the operator, or given to, another rail transport operator in accordance with a direction under this section.

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

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



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