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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 24 November 2017 at 11:11)
Part 3 Division 2
Division 2 Applications for accreditation
38   Application for accreditation
(1)  A rail transport operator may apply to the ITSRR for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by, or on behalf of, that operator.
(2)  An application must be made in the manner and form approved by the ITSRR and:
(a)  must specify the scope and nature of the railway operations in respect of which accreditation is sought, and
(b)  must include a safety management plan relating to those railway operations, and
(c)  must specify whether or not the applicant is accredited, or has applied for accreditation, under a corresponding law, and
(d)  must contain the information prescribed by the regulations, and
(e)  must be accompanied by the application fee prescribed by the regulations.
(3)  The ITSRR may require a rail transport operator who has applied for accreditation:
(a)  to supply further information requested by the ITSRR, and
(b)  to verify by statutory declaration any information supplied to the ITSRR.
39   What applicant for accreditation must demonstrate
The ITSRR must not grant accreditation to an applicant unless satisfied, having regard to the guidelines (if any) applicable to this section, that the applicant has demonstrated the following:
(a)  that the applicant is or is to be a rail infrastructure manager or rolling stock operator, or both, in relation to the railway operations for which accreditation is sought,
(b)  that the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought,
(c)  that the applicant has the competence and capacity to implement the proposed safety management system,
(d)  that the applicant has met the consultation requirements of this Act in relation to the applicant’s safety management system,
(e)  that the applicant has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations,
(f)  that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.
40   ITSRR may direct applicants to co-ordinate and co-operate in applications
(1)  If the ITSRR:
(a)  receives applications from 2 or more rail transport operators for accreditation, and
(b)  believes that co-ordinated preparation of the applications is necessary to ensure that the railway operations of the applicants are carried out safely,
the ITSRR may give a direction in writing to the rail transport operators to co-ordinate their applications.
(2)  A direction under this section may require each rail transport operator that is the subject of the direction to provide to each other rail transport operator that is the subject of the direction information concerning any circumstances in relation to the carrying out of railway operations by the first-mentioned rail transport operator that could constitute a risk to safety in relation to the carrying out of railway operations by another rail transport operator that is the subject of the direction.
(3)  A rail transport operator that is given a direction under subsection (1) must comply with the direction.
(4)  A rail transport operator that has co-ordinated the preparation of an application in accordance with this section must include in the application reference to information given by the rail transport operator to each other rail transport operator, and information given to the rail transport operator by each other rail transport operator, in accordance with a direction under this section.
Maximum penalty: 100 penalty units.
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.
42   Determination of application
(1)  The ITSRR must, within the relevant period after an application for accreditation is made:
(a)  if the ITSRR is satisfied as to the matters referred to in section 39 and, if applicable, section 40, grant accreditation to the applicant with or without any conditions or restrictions, or
(b)  if the ITSRR is not so satisfied, refuse the application.
(2)  A notice granting accreditation must be in writing in the approved form and must specify:
(a)  the prescribed details of the applicant, and
(b)  the scope and nature of the railway operations in respect of which the accreditation is granted, and
(c)  any conditions and restrictions imposed by the ITSRR on the grant of accreditation, and
(d)  any other information prescribed by the regulations.
(3)  A notice refusing an application for accreditation, or imposing a condition or restriction on an accreditation, must include:
(a)  the reasons for the decision to refuse to grant the application or impose the condition or restriction, and
(b)  information about the right of review under section 157.
(4)  A notice under subsection (5) (c) extending a period must include information about the right of review under section 157.
(5)  In this section, relevant period, in relation to an application, means:
(a)  6 months after the application was received by the ITSRR, or
(b)  if the ITSRR requested further information, 6 months, or such other period, as is agreed between the ITSRR and the applicant, after the ITSRR receives the last information so requested, or
(c)  if the ITSRR, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,
whichever is the longer.
43   Prescribed conditions and restrictions
Accreditation granted to a person under this Part is subject to any conditions or restrictions prescribed by the regulations for the purposes of this section and that are applicable to the grant of accreditation.
44   Accreditation cannot be transferred or assigned
(1)  An accreditation:
(a)  is personal to the person who holds it, and
(b)  is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it, and
(c)  does not vest by operation of law in any other person.
(2)  A purported transfer or assignment of an accreditation or any other purported dealing with an accreditation by the person who holds it is of no effect.
(3)  This section has effect despite anything in any Act or any rule of law to the contrary.
45   Sale or transfer of railway operations by accredited person
(1)  If an accredited person proposes to sell or otherwise transfer any railway operations for which the person is accredited, the ITSRR may, on an application for accreditation under this Part being made by the proposed transferee, waive compliance by the proposed transferee with any one or more of the requirements of this Division.
(2)  The ITSRR is not to waive compliance with any such requirements unless the proposed transferee demonstrates, to the satisfaction of the ITSRR, that the proposed transferee has the competence and capacity to comply with the relevant requirements of this Division that apply to applicants for accreditation of the appropriate kind.
(3)  A waiver of compliance with requirements may be given subject to such conditions and restrictions (if any) as appear to the ITSRR to be necessary.
(4)  In this section:
railway operations for which a person is accredited include a part of railway operations or a service or aspect or a part of a service or aspect of railway operations for which a person is accredited.