Transport Administration Act 1988 No 109
Current version for 4 July 2014 to date (accessed 21 December 2014 at 17:12)
Part 1ASection 3H

3H   Review by relevant safety regulator of directions relating to transport safety matters

(1)  In this section:

direction means a direction given by TfNSW under section 3G to a body (a transport authority).

relevant safety regulator means:

(a)  in the case of a direction relating to rail services or infrastructure—the Independent Transport Safety Regulator, or
(b)  in the case of a direction relating to bus services—Roads and Maritime Services, or
(c)  in the case of a direction relating to ferry services—Roads and Maritime Services.

safety management system of a transport authority means any safety management system that the authority is required to have:

(a)  under section 9D of the Passenger Transport Act 1990, or
(b)  under section 99 of the Rail Safety National Law (NSW), or
(c)  under the National law (within the meaning of the Marine Safety Act 1998).

(2)  A transport authority may advise TfNSW of the likely impact on its safety management system of compliance with a direction of TfNSW (including whether the authority needs to make appropriate modifications to its safety management system before it is able to comply with the direction).
(3)  As a result of that advice, TfNSW may:
(a)  change or revoke the direction, or
(b)  suspend the direction and request the relevant safety regulator to review the likely impact of the direction.
(4)  If:
(a)  TfNSW does not change, revoke or suspend the direction, and
(b)  the transport authority considers that as a result of the direction it will not be able to comply with its safety management system,
the transport authority may, within 14 days after receiving the direction, request the relevant safety regulator to review the likely impact of the direction. Any such request operates to suspend the direction.
(5)  The relevant safety regulator is to review the likely impact of the direction on the safety management system within 14 days after being requested to do so, and notify TfNSW and the transport authority of the result of its review.
(6)  TfNSW may, as a result of the review, confirm, change or revoke the direction.
(7)  Unless a suspended direction is sooner revoked, the suspension of the direction ceases:
(a)  at the end of the period of 14 days after the relevant safety regulator is requested to review the likely impact of the direction, or
(b)  at such time TfNSW decides, as a result of the review, to change or confirm the direction,
whichever first occurs. However, TfNSW may extend the suspension beyond the period that it would otherwise cease under this subsection.
(8)  TfNSW may, without limiting any other provision of this section, request the relevant safety regulator for advice on the safety implications of a direction or proposed direction.
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