New South Wales Consolidated Acts

RAIL SAFETY ACT 2008 - SECT 39

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.