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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 17 August 2017 at 20:08)
Part 2 Division 3 Section 32
32   Interface arrangements may be directed to be made
(1)  The ITSRR may appoint a person (the appointed person) to exercise functions under this section in relation to interface arrangements.
(2)  The ITSRR may only appoint a person under this section if the person is not associated with any rail transport operator, rail infrastructure manager or roads authority subject to the proposed interface arrangements.
(3)  An appointed person may exercise functions under this section if the person is satisfied that a rail transport operator, rail infrastructure manager or roads authority:
(a)  is unreasonably refusing or failing to enter into an interface agreement with another person as required by this Division, or
(b)  is unreasonably delaying the negotiation of such an agreement.
(4)  The appointed person may issue a written notice to the rail transport operator, rail infrastructure manager or roads authority and the other person that:
(a)  warns of the appointed person’s powers under this section, including the power to issue a direction under this section after a specified date, and
(b)  includes a copy of this section, and
(c)  may contain suggested terms for inclusion in an interface agreement.
(5)  An appointed person who issues a notice under this section may also, in writing, request the rail transport operator, rail infrastructure manager or roads authority concerned to provide such information as the appointed person reasonably requires for the purposes of making a direction under this section.
(6)  If an interface agreement is not entered into by or on the date specified in a notice under this section, the appointed person:
(a)  may determine the arrangements that are to apply in relation to the management of the applicable risks to safety referred to in this Division, and
(b)  may direct either or both persons to whom the notice is issued to give effect to those arrangements, and
(c)  must specify the date by which the direction must be complied with.
(7)  A direction:
(a)  must be in writing, and
(b)  must set out any arrangements determined by the appointed person under subsection (6).
(8)  A person to whom a direction is given under this section must comply with the direction.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.