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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 24 June 2018 at 23:19)
Part 3 Division 2 Section 41
41   Co-ordination between ITSRR and other Rail Safety Regulators
(1)  This section applies if the ITSRR receives an application for accreditation, or for variation of accreditation or the conditions or restrictions of accreditation, that indicates that the applicant is accredited, or is seeking accreditation, under a corresponding law of one or more other jurisdictions (whether or not contiguous with this jurisdiction).
(2)  The ITSRR must, as soon as possible and before deciding whether or not to grant the application, consult with the relevant corresponding Rail Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions.
(3)  The ITSRR, in complying with subsection (2), must take into account the guidelines (if any) applicable to this section.
(4)  If the ITSRR does not, in relation to an application, act consistently with the provisions of the guidelines, the ITSRR must give the applicant reasons for not so acting.
(5)  The ITSRR may grant accreditation to a person who is accredited under a corresponding law of one or more other jurisdictions, without requiring the person to comply with any or all of the requirements of this Division, if the ITSRR is satisfied that:
(a)  the requirements for that accreditation are of a satisfactory standard in relation to the safe carrying out of railway operations, and
(b)  the carrying out of railway operations is likely to achieve a level of safety that, in the opinion of the ITSRR, is appropriate for the railway operations concerned.