Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 66

    (1)     In this section—

"accredited tourist and heritage railway operator" means an accredited rail operator declared under sub-section (10) to be an accredited tourist and heritage railway operator for the purposes of this section.

    (2)     An accredited tourist and heritage railway operator may apply to the Safety Director for an exemption from the requirement to comply with section 65.

    (3)     An application under this section must be—

        (a)     in writing; and

        (b)     accompanied by—

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

              (ii)     the prescribed fee.

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

    (5)     In deciding whether to grant an exemption, the Safety Director must have regard to—

        (a)     the scale and complexity of the accredited rail operations carried out by the accredited tourist and heritage railway operator; and

        (b)     the extent of the railway track layout and other rail infrastructure used for the carrying out by the accredited tourist and heritage railway operator of accredited rail operations; and

        (c)     the risks to safety associated with the carrying out by the accredited tourist and heritage railway operator of accredited rail operations; and

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

    (6)     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.

    (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 (5).

    (10)     The Minister, by notice published in the Government Gazette, may declare an accredited rail operator to be an accredited tourist and heritage railway operator if the Minister considers that the operator is carrying out accredited rail operations for the purpose of operating a tourist and heritage railway.