Victorian Numbered Acts

TRANSPORT LEGISLATION (FURTHER AMENDMENT) ACT 2006 (NO 47 OF 2006) - SECT 43

After section 62 of the Rail Safety Act 2006 insert —

        '62A.     Co-ordination between Safety Director and corresponding Rail Safety Regulator

    (1)     This section applies if the Safety Director receives an application for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4, that indicates that the applicant is accredited, or is seeking accreditation in another State or a Territory of the Commonwealth under a corresponding law to carry out rail operations of a similar kind to those the subject of the application under Division 2 or 4.

    (2)     The Safety Director must, as soon as possible and before deciding whether or not to grant the application,     consult with the relevant corresponding Rail Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions.

    (3)     The Safety Director, in complying with sub-section (2), must take into account any guidelines prepared under sub-section (5).

    (4)     If the Safety Director does not, in relation to an application, act consistently with the provisions of any guidelines prepared under sub-section (5), the Safety Director must give the applicant reasons for not so acting.

    (5)     The Minister may prepare guidelines about the manner of the consultation the Safety Director is required to undertake under sub-section (2).

    (6)     In this section—

"corresponding law" means—

        (a)         the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or

        (b)     a law of another State or a Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;
s. 43

"corresponding Rail Safety Regulator" means—

        (a)     the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of the Safety Director under this Part; or

        (b)     a person prescribed by the regulations as the corresponding Rail Safety Regulator for another State or a Territory of the Commonwealth for the purposes of this Act.'.