Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 63

    (1)     The following persons may apply to the Safety Director for an exemption from the requirement to be accredited under this Part—

        (a)     a rail infrastructure manager who carries out rail infrastructure operations using or in relation to a private siding;

        (b)     a rolling stock operator who carries out rolling stock operations in a private siding.

    (2)     An application under this section must be—

        (a)     in writing; and

        (b)     accompanied by—

              (i)     an interface co-ordination plan that complies with the prescribed requirements and identifies the persons responsible for the construction, operation and maintenance of the private siding; and

              (ii)     such other information as the Safety Director reasonably requires to enable the application to be considered; and

              (iii)     the prescribed fee.

    (3)     On receipt of an application under this section, the Safety Director may grant or refuse to grant an exemption.

    (4)     In deciding whether to exempt a rail infrastructure manager or rolling stock operator under sub-section (3), the Safety Director must have regard to—

        (a)     the scale and complexity of the private siding; and

        (b)     the extent of the railway track layout and other rail infrastructure of the private siding; and

        (c)     the risks to safety associated with the operation and use of the private siding; and

        (d)     the interface co-ordination plan accompanying the application; and

        (e)     any other matters that the Safety Director considers relevant.

    (5)     An exemption granted under this section is subject to the terms, conditions and limitations specified in the exemption that are—

        (a)     imposed by the Safety Director; or

        (b)     prescribed by the regulations.

    (6)     A person granted an exemption under this section must comply with the terms, conditions and limitations that are specified in the exemption.

Penalty:         In the case of a natural person, 1000 penalty units or imprisonment for 12 months or both;

In the case of a body corporate, 2500 penalty units.

    (7)     If the Safety Director refuses to grant an exemption, the Safety Director must—

        (a)     notify the applicant—

              (i)     of that refusal; and

              (ii)     that they have a right to seek review of the Safety Director's decision under Part 7; and

        (b)         give the applicant a statement of reasons for the refusal.

    (8)     A notification under sub-section (7)(a) and a statement of reasons under sub-section (7)(b) must be—

        (a)     in writing; and

        (b)     given to the applicant as soon as practicable after the Safety Director makes his or her decision to refuse to grant the exemption.

    (9)     The Safety Director may issue guidelines as to how the Safety Director will have regard to the criteria set out in sub-section (4).