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Contents (2008 - 610)
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Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 29 April 2017 at 17:28)
Part 3
Part 3 Accreditation
19   Application for accreditation
For the purposes of section 38 (2) (d) of the Act, an application for accreditation must contain the following information:
(a)  the following identification details of the applicant:
(i)  the applicant’s name,
(ii)  the applicant’s registered business name, and trading name if that is different to the registered business name,
(iii)  the applicant’s ACN or ABN, if applicable,
(iv)  the applicant’s residential address or, in the case of a corporation, the address of the registered office or the principal place of business of the corporation,
(b)  the name and contact details of a person who has been appointed by the applicant to deal with any queries that the ITSRR may have in relation to the application,
(c)  if the applicant is accredited under a corresponding law, a copy of the notice of accreditation,
(d)  in the case of a rail infrastructure manager who does not own the rail infrastructure, documentary evidence that the applicant has, or will have, a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it,
(e)  in the case of a rolling stock operator, documentary evidence that the applicant has, or will have, effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway,
(f)  a description of the operational assets, or classes of operational assets, that the applicant intends to use or manage in the operations for which the application is made, including any stations, signal and train control centres, rolling stock for service and maintenance activities and signalling systems,
(g)  a description of the safe working systems that the applicant intends to use in the operations for which the application is made,
(h)  in addition to the requirements of section 38 (2) (c) of the Act, if the applicant is also seeking accreditation under a corresponding law, details of where, and in respect of what, the application for accreditation was made,
(i)  if electrified railway tracks will be used, details of the electrification,
(j)  a description of the applicant’s fatigue management program,
(k)  a description of the applicant’s drug and alcohol management program,
(l)  details of the consultation undertaken by the applicant in relation to the applicant’s safety management system, including:
(i)  who was consulted, and
(ii)  when and how the consultation occurred, and
(iii)  the results of the consultation,
(m)  if the applicant is a corporation, evidence that the application has been submitted to and endorsed by its board of directors (in the case of a company within the meaning of the Corporations Act 2001 of the Commonwealth) or its governing body (in any other case).
(n)  if the applicant is an unincorporated body, evidence that the application has been submitted to and endorsed by its governing body,
(o)  if any of the activities that it is intended to carry out under the accreditation sought are to be carried out by any other person on behalf of the applicant:
(i)  the name and contact details of each such person, and
(ii)  details of the activities that it is intended that the person will carry out on behalf of the applicant.
20   Application fees
The application fees for an application for accreditation are as follows:
(a)  $1,000 for a heritage operator,
(b)  $10,000 in any other case.
21   Notice of accreditation
For the purposes of sections 42 (2) (a) and 56 (2) (a) of the Act, a notice of accreditation must specify the following details of the accredited person:
(a)  the person’s name,
(b)  the person’s registered business name, and trading name if that is different to the registered business name,
(c)  the person’s ACN or ABN, if applicable,
(d)  the person’s residential address or, in the case of a corporation, the address of the registered office or a principal place of business of the corporation.
22   Conditions of, or restrictions on, accreditation
(1)  For the purposes of section 43 of the Act, any accreditation granted to a rail transport operator is subject to the following conditions and restrictions:
(a)  if the operator is accredited under a corresponding law, the operator must advise the ITSRR in writing immediately if the operator’s accreditation in the other State or Territory expires or is suspended, surrendered or revoked,
(b)  if the operator is accredited under a corresponding law and it receives a prohibition notice or an improvement notice under the corresponding law, it must immediately give the ITSRR a copy of the notice,
(c)  the operator must ensure that there is at all times available one of its directors or managers as a contact person should the ITSRR wish to communicate with it, and that the ITSRR is provided with sufficient details so that for any particular time the ITSRR knows who the contact person is, and how to contact that person,
(d)  if it is not possible to comply with any requirement of subclause (2) because of an emergency, the operator must provide the required information as soon as is reasonably practicable after the decision is made or the event or change occurs, as the case requires.
(2)  For the purposes of section 43 of the Act, any accreditation granted to a rail transport operator is subject to the condition that the operator notify the ITSRR in writing of any decisions, events or proposed changes listed in column 2 of the Table to this clause, and details of consultation about such decisions, events or changes, within the period specified in column 3 of the Table.
Table
Item
Decision, event or change
When notification must be given
1
A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks.
As soon as reasonably practicable after the decision is made.
2
The introduction into service of rolling stock of a type not previously operated by the operator, or the re-introduction into service of rolling stock not currently operated by the operator.
At least 28 days before the date the operator intends to introduce or re-introduce the rolling stock into service.
3
A change to a safety critical element of any existing rolling stock.
At least 28 days before the date the operator intends to bring the change into operation.
4
A change to one or more of the classes of rail infrastructure used in the operator’s accredited operations.
At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service.
5
A change to a safety standard for the design of rail infrastructure or rolling stock.
At least 28 days before the date the operator intends to adopt the change.
6
The decision to adopt a new safety standard for the design of rail infrastructure or rolling stock.
At least 28 days before the date the operator intends to adopt the new standard.
7
A change to the frequency of or procedures for the inspection or maintenance of rail infrastructure or rolling stock.
At least 28 days before the date the operator intends to bring the change into effect.
8
A change to any safeworking system rule or procedure relating to the conduct of the operator’s railway operations.
At least 28 days before the date the operator intends to bring the change into effect.
9
A decision to introduce a new safeworking system rule or procedure relating to the conduct of the operator’s railway operations.
As soon as is reasonably practicable after the decision is made.
10
The replacement of the person nominated in the safety management system as the contact person for dealing with queries in relation to the safety management system of the operator.
As soon as is reasonably practicable after it is known that the replacement will occur.
(3)  For the purposes of subclause (2), details of consultation are to include details of the persons consulted and when and how those persons were consulted and the results of consultation.
(4)  Nothing in subclause (1) or (2):
(a)  is intended to require an accredited person to notify the ITSRR of any matter that is the subject of an application for the variation of the accreditation or that has been notified under the Rail Safety (General) Regulation 2003, or
(b)  permits an accredited person to make a variation for which approval is required under the Act.
23   Annual accreditation fees
(1)  The annual accreditation fee payable by an accredited person is to be determined in accordance with Schedule 2.
(2)  If an annual accreditation fee, or part of a fee, is not paid when due, the ITSRR may impose a late payment fee of an amount equal to 15% of the outstanding amount of the annual accreditation fee.
(3)  The annual accreditation fees must be paid on or before 30 September in each year, unless the ITSRR otherwise approves in writing.
24   Surrender of accreditation
An accredited person may surrender the person’s accreditation by notifying the ITSRR in writing, not less than 28 days before the proposed surrender, of the person’s intention to do so and of the arrangements that are proposed in relation to the cessation of the person’s railway operations.
25   Variation of accreditation
For the purposes of sections 55 (2) (b) and 57 of the Act, an application for variation of an accreditation, or variation of a condition or restriction to which an accreditation is subject, must contain the following information:
(a)  the following identification details of the applicant:
(i)  the applicant’s name,
(ii)  the applicant’s registered business name, and trading name if that is different to the registered business name,
(iii)  the applicant’s ACN or ABN, if applicable,
(iv)  the applicant’s residential address or, in the case of a corporation, the address of the registered office or the principal place of business of the corporation,
(b)  the name and contact details of a person who has been appointed by the applicant to deal with any queries that the ITSRR may have in relation to the application,
(c)  details of the scope and nature of the proposed variation,
(d)  details of the changes that will be made to the applicant’s safety management system if the proposed variation occurs,
(e)  details of any consultation that has occurred with parties who might be affected by the proposed variation, including:
(i)  who was consulted, and
(ii)  when and how the consultation occurred, and
(iii)  the results of the consultation,
(f)  evidence to demonstrate that the applicant has the competence and capacity to manage the risks to safety associated with the proposed variation.