Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 90

    (1)     This section only applies if—

        (a)     a rail operator who applies to the Safety Director for accreditation and—

              (i)     is not a company that is taken to be registered in Victoria under the Corporations Act; or

              (ii)     does not have his or her principal place of residence in Victoria, in the case of a natural person; and

        (b)     the Safety Director refuses to accredit the rail operator or does not accredit the rail operator—

              (i)     within 6 months after the rail operator applies for accreditation; or

              (ii)     if the Safety Director extends the period of time within which he or she may decide to accredit the applicant under section 44—within that extended period.

    (2)     The rail operator may, by notice, require the Safety Director to have the refusal or failure independently mediated or conciliated or both by a mediator or conciliator agreed upon by the rail operator and the Safety Director.

    (3)     The Safety Director must comply with such a notice as soon as is practicable after receiving it.

    (4)     The right conferred on a rail operator by this section is in addition to a right of review conferred by section 88 or 89.

    (5)     However, the right conferred on a rail operator under this section can only be exercised before the Tribunal gives a final decision in relation to the matter.

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