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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 18 December 2017 at 10:32)
Part 3 Division 1
Division 1 Requirement for accreditation
34   Purpose of accreditation
The purpose of accreditation of a rail transport operator in relation to railway operations is to attest that the rail transport operator has demonstrated to the ITSRR the competence and capacity to manage risks to safety associated with those railway operations.
35   Accreditation required for railway operations
(1)  A person must not carry out, or cause or permit to be carried out, any railway operations unless the person:
(a)  is a rail transport operator who:
(i)  is accredited under this Part in relation to those operations, or
(ii)  is exempt under this Act from compliance with this section in relation to those operations, or
(b)  carries out those operations, or causes or permits those operations to be carried out, for or on behalf of:
(i)  a rail transport operator who is accredited under this Part in relation to those operations, or
(ii)  a rail transport operator who is exempt under this Act from compliance with this section in relation to those operations, or
(c)  is exempt under this Act from compliance with this section in relation to those operations.
Maximum penalty:
(a)  in the case of a corporation—5,000 penalty units, or
(b)  in the case of an individual—500 penalty units.
Note.
 If a body corporate and related bodies corporate are involved, an exemption may be given so that only one of the bodies need be accredited (related body corporate means related by virtue of section 50 of the Corporations Act 2001 of the Commonwealth).
(2)  Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, who carries out rail safety work for or on behalf of a rail transport operator or other person who:
(a)  is accredited under this Part in relation to that rail safety work, or
(b)  is exempt under this Act from compliance with this section in relation to that rail safety work.
36   Purpose for which accreditation may be granted
(1)  An accreditation may be granted to a rail transport operator for any one or more of the following purposes:
(a)  for the carrying out of railway operations for the part or parts of a railway specified in the notice of accreditation, or for a part or parts having the scope or characteristics so specified,
(b)  for any service or aspect, or part of a service or aspect, of railway operations specified in the notice of accreditation,
(c)  for specified railway operations to permit any one or more of the following:
(i)  site preparation,
(ii)  construction of rail infrastructure,
(iii)  restoration or repair work,
(iv)  testing of railway track or other infrastructure,
(v)  other activities relating to railway operations considered appropriate by the ITSRR and designated in the notice of accreditation.
(2)  If the applicant so requests, accreditation may be granted for a specified period only.
37   Accreditation offences
(1)  An accredited person must not:
(a)  fail to comply with a condition or restriction of the person’s accreditation, or
(b)  cause or permit another person to fail to comply with a condition or restriction of the accredited person’s accreditation.
(2)  An accredited person must not carry out or cause or permit the carrying out of a railway operation that is not authorised by an accreditation or in a manner that is not authorised by an accreditation.
Maximum penalty:
(a)  in the case of a corporation—5,000 penalty units, or
(b)  in the case of an individual—500 penalty units.