Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 58

For section 39 of the Principal Act substitute —

        "     39     Criteria on which accreditation applications by rail transport operators are to be assessed

The Safety Director must accredit a rail transport operator in respect of the railway operations the operator carries out if the Safety Director is satisfied that—

        (a)     the rail transport operator—

              (i)     is accredited in another State or a Territory of the Commonwealth to carry out railway operations of a similar kind in that State or Territory; or

              (ii)     has the competence and capacity to carry out those operations safely; and

        (b)     the rail transport operator has demonstrated to the Safety Director that—

              (i)     the rail transport operator has taken all reasonable steps to comply with Division 3; and

              (ii)             the rail transport operator's safety management system complies with Division 4 of Part 3; and

              (iii)     the rail transport operator has complied with section 26; and

        (c)     the rail transport operator has financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the carrying out of railway operations; and

        (d)     in the case of a rail transport operator who is a rolling stock operator but is not the rail infrastructure manager who controls the railway on which the rolling stock will be operated—the rail transport operator has an agreement with the rail infrastructure manager who controls the railway on which the operator wishes to operate particular rolling stock, and the agreement includes appropriate arrangements for the safe operation of the rolling stock.".