Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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

Determination of application for variation

    (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 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

        (b)     if the Safety Director is not so satisfied—notify the applicant that the application has been refused.

    (2)     Notification under this section—

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

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

              (i)     the details of the applicant; and

              (ii)     the variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and

              (iii)     any conditions and restrictions imposed by the Safety Director on the exemption as varied; and

              (iv)     any other prescribed information; and

        (c)     if a condition or restriction has been imposed on the exemption as varied, 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.

    (3)     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. 61G inserted by No. 23/2013 s. 80.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback