Tasmanian Numbered Acts

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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 53

Rail Safety Regulator may give directions
(1)  This section applies if the Rail Safety Regulator is satisfied that a rail transport operator, rail infrastructure manager or road manager referred to in section 47 , 48 , 49 or 50  –
(a) is unreasonably refusing or failing to enter into an interface agreement with another person as required under this Division; or
(b) is unreasonably delaying the negotiation of such an agreement.
(2)  The Rail Safety Regulator may issue a written notice to the rail transport operator, the rail infrastructure manager or the road manager, as the case requires, and the other person with whom an interface agreement is required to be entered into, that –
(a) warns of the Rail Safety Regulator's powers under this section, including the power to issue a direction under subsection (3) at any time after a specified date; and
(b) includes a copy of this section; and
(c) may contain suggested terms for inclusion in an interface agreement.
(3)  If the Rail Safety Regulator issues a notice under subsection (2) to a rail transport operator, rail infrastructure manager or road manager, the Rail Safety Regulator may, in writing, request the operator or manager to provide the information that the Rail Safety Regulator reasonably requires for the purposes of making a direction under subsection (4) .
(4)  If a notice is issued under subsection (2) and an interface agreement has not been entered into by or on the date specified in the notice, the Rail Safety Regulator –
(a) may determine the arrangements that are to apply in relation to the management of risks to safety referred to in section 47 , 48 , 49 or 50 , as the case requires; and
(b) may direct either or both persons to whom the notice is issued to give effect to those arrangements; and
(c) must specify by when a direction must be complied with.
(5)  A direction under subsection (4)  –
(a) must be in writing; and
(b) must set out any arrangements determined by the Rail Safety Regulator under that subsection.
(6)  A person to whom a direction under subsection (4) is given must comply with the direction.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 500 penalty units; or
(b) an individual, a fine not exceeding 100 penalty units.



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