Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 39

Criteria on which accreditation applications by rail infrastructure managers are to be assessed

39. Criteria on which accreditation applications by rail infrastructure
managers are to be assessed

The Safety Director must accredit a rail infrastructure manager in respect of
the rail infrastructure operations the rail infrastructure manager carries out
if the Safety Director is satisfied that-

   (a)  the rail infrastructure manager-

   (i)  is accredited in another State or a Territory of the Commonwealth to
        carry out rail infrastructure operations of a similar kind in that
        State or Territory; or

   (ii) has the competence and capacity to carry out those operations safely;
        and

   (b)  the rail infrastructure manager has-

   (i)  taken all reasonable steps to comply with Division 3; and

   (ii) demonstrated to the Safety Director that-

                (A)  the rail infrastructure manager's safety management
                     system complies with Division 4 of Part 3; and

                (B)  the rail infrastructure manager has complied with section
                     26; and

   (iii) the financial capacity, or has public risk insurance arrangements, to
        meet reasonable potential accident liabilities arising from the
        carrying out of rail infrastructure operations.