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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 61D

Determination of application

    (1)     Subject to this section, the Safety Director must, within the relevant period

        (a)     if the Safety Director is satisfied as to the matters referred to in section 61C—notify the applicant that an exemption from a designated provision of this Act or the regulations has been granted, with or without conditions or restrictions; or

        (b)     if the Safety Director is not satisfied as to the matters referred to in section 61C—notify the applicant that the application has been refused.

    (2)     An exemption under this Division is subject to—

        (a)     any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

        (b)     any other condition or restriction imposed on the exemption by the Safety Director.

    (3)     Notification under this section—

        (a)     must be in writing and given to the applicant; and

        (b)     if the exemption has been granted, must specify—

              (i)     the details of the applicant; and

              (ii)     the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the exemption is granted; and

              (iii)     any condition or restriction imposed by the Safety Director under this section on the exemption; and

              (iv)     any other prescribed information; and

        (c)     if a condition or restriction has been imposed on the exemption, must include—

              (i)     the reasons for imposing the condition or restriction; and

              (ii)     information about the right of review under Part 7; and

        (d)     if the application has been refused must include—

              (i)     the reasons for the decision to refuse to grant the application; and

              (ii)     information about the right of review under Part 7; and

        (e)     if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.

    (4)     In this section, "relevant period", in relation to an application, means—

        (a)     6 months after the application was received by the Safety Director; or

        (b)     if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

        (c)     if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—

whichever is the longer.

S. 61E inserted by No. 23/2013 s. 80.



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