Victorian Numbered Acts Victorian Numbered ActsAfter Division 5 of Part 5 of the Principal Act insert —
In this Division, "designated provision" means any or all of the following—
(a) Division 4 of Part 3;
(b) Divisions 1 to 4 of Part 5;
(c) regulations made for the purposes of Division 4 of Part 3 or Divisions 1 to 4 of Part 5.
(1) A rail transport operator may apply to the Safety Director for an exemption from a designated provision in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of the operator.
(2) An application must be made in the manner and form approved by the Safety Director and—
(a) must specify the scope and nature of the railway operations in respect of which an exemption is sought; and
(b) if the railway operations include the operation or movement of rolling stock on a railway—must include details about the operation or movement of rolling stock; and
(c) must contain any prescribed information; and
(d) must be accompanied by the prescribed application fee (if any).
(3) The Safety Director may require a rail transport operator who has applied for an exemption—
(a) to supply further information requested by the Safety Director; and
(b) to verify by statutory declaration any information supplied to the Safety Director.
The Safety Director must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—
(a) that the applicant is, or is to be, a tourist and heritage railway operator, rail infrastructure manager or rolling stock operator in relation to the railway operations in respect of which the exemption is sought; and
(b) that the applicant—
(i) has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and
(ii) has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.
(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.
(1) A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of the exemption.
(2) A rail transport operator who has been granted an exemption under this Division must apply to the Safety Director for a variation of the exemption if—
(a) the applicant proposes to vary the scope and nature of the railway operations in respect of which the exemption has been granted; or
(b) any other variation is proposed in respect of the railway operations in respect of which the exemption has been granted that should be reflected in the exemption.
(3) An application for variation must be made in the manner and form approved by the Safety Director and—
(a) must specify the details of the variation being sought; and
(b) must contain any prescribed information; and
(c) must be accompanied by the prescribed application fee (if any).
(4) The Safety Director may require an applicant for a variation—
(a) to supply further information requested by the Safety Director; and
(b) to verify by statutory declaration any information supplied to the Safety Director.
(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 idcf6a7be1_5379_4e33_9b6e_bea001cd866d_f 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.
An exemption granted to a rail transport operator that is varied under this Division is subject to any conditions or restrictions prescribed by the regulations that are applicable to the exemption as varied.
(1) A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of a condition or restriction imposed by the Safety Director to which the exemption is subject.
(2) An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption under section 61E.
(3) The Safety Director must consider the application and, if satisfied as to the matters referred to in sections 61 C and 61D (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.
(4) Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7.
(1) The Safety Director may, subject to this section, at any time, vary or revoke a condition or restriction imposed by the Safety Director on an exemption granted to a rail transport operator under this Division or impose a new condition or restriction.
(2) Before taking action under this section, the Safety Director must—
(a) give the rail transport operator written notice of the action that the Safety Director proposes to take; and
(b) allow the operator to make written representations about the intended action within 28 days (or any other period that the Safety Director and the operator agree on); and
(c) consider any representations made under paragraph (b) and not withdrawn.
(3) The Safety Director must, by written notice given to the rail transport operator, provide—
(a) details of any action taken under this section; and
(b) a statement of reasons for any action taken under this section; and
(c) information about the right of review under Part 7.
(1) This section applies to a rail transport operator who has been granted an exemption under this Division if—
(a) the Safety Director considers that the operator—
(i) is no longer able to demonstrate to the satisfaction of the Safety Director the matters referred to in section 61C or to satisfy the conditions, or to comply with the restrictions, of the exemption; or
(ii) is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the exemption relates and has not done so for at least the preceding 12 months; or
(b) the operator contravenes this Act or the regulations.
(2) The Safety Director may—
(a) suspend the exemption for a period determined by the Safety Director ; or
(b) revoke the exemption with immediate effect or with effect from a specified future date; or
(c) impose conditions or restrictions on the exemption; or
(d) vary conditions or restrictions to which the exemption is subject.
(3) Before making a decision under subsection (2), the Safety Director—
(a) must notify the rail transport operator in writing—
(i) that the Safety Director is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and
(ii) that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Safety Director showing cause why the decision should not be made; and
(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
(4) If the Safety Director suspends or revokes the exemption, the Safety Director must include in the notice of suspension or revocation the reasons for the suspension or revocation and information about the right of review under Part 7.
(5) The Safety Director may withdraw a suspension of the exemption by written notice given to the rail transport operator.
A rail transport operator who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.
Penalty: In the case of a natural person, $20 000;
In the case of a body corporate, $100 000.".