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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 28 June 2017 at 15:18)
Part 3 Clause 22
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.