Victorian Numbered Acts

RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013) - SECT 42

    (1)     Despite anything to the contrary in the Rail Safety National Law (Victoria), section 45(1) of that Law applies as a law of this jurisdiction as if for "ONRSR" there were substituted "Subject to section 45B, ONRSR".

    (2)     Despite anything to the contrary in the Rail Safety National Law (Victoria), section 45(2) of that Law applies as a law of this jurisdiction as if for "The Regulator" there were substituted "Subject to sections 45A and 45C, the Regulator".

    (3)     Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if after section 45 of that Law there were inserted—

        " 45A     Regulator requires consent of Safety Director for certain delegations

    (1)     The Regulator must not, without the written consent of the Safety Director, delegate a function or power of the Regulator under this Law or an Act to any of the following persons—

        (a)     a person holding an office or acting in an office specified by the Safety Director; or

        (b)     a person who is a corporation sole.

    (2)     The Safety Director may give his or her consent under subsection (1) subject to any conditions determined by the Safety Director.

        45B     Delegations to the Safety Director cannot be amended or revoked without Ministerial consent

    (1)     This section applies if there is an instrument of delegation in force under—

        (a)     section 45(1) delegating a function or power of ONRSR under this Law or an Act to the Safety Director; or

        (b)     section 45(2) delegating a function or power of the Regulator under this Law or an Act to the Safety Director.

    (2)     Despite anything to the contrary in this Law or that Act, ONRSR or the Regulator must not revoke or amend the instrument of delegation without the written consent of the Minister.

        45C     Delegations to certain persons cannot be amended or revoked without Safety Director's consent

s. 42

    (1)     This section applies if there is an instrument of delegation in force under section 45(2) delegating a function or power of the Regulator under this Law or an Act to—

        (a)     a person holding an office or acting in an office specified by the Safety Director; or

        (b)     a person who is a corporation sole.

    (2)     Despite anything to the contrary in this Law or that Act, the Regulator must not revoke or amend the instrument of delegation without the written consent of the Safety Director.".