Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 46

Restrictions and conditions concerning accreditation

46. Restrictions and conditions concerning accreditation



(1) In accrediting a rail infrastructure manager or rolling stock operator,
the Safety Director may limit the accreditation in any way the Safety Director
thinks appropriate.

(2) Without limiting subsection (1), the Safety Director may-

   (a)  impose conditions on the accreditation; or



   (b)  restrict the scope of the accreditation so that it only applies-

   (i)  in the case of an accreditation of a rail infrastructure manager, in
        respect of part of a railway or of a particular type of service;

   (ii) in the case of an accreditation of a rolling stock operator, in
        respect of part of a particular type of service or rolling stock.

(3) An accreditation is also subject to any condition set out in the
regulations that applies to the accreditation.

(4) In addition, an accredited rail operator who is accredited in another
State or a Territory of the Commonwealth to do anything that is similar to
what the operator is accredited to do in Victoria is subject to the condition
that he, she or it must advise the Safety Director in writing immediately if
the operator's accreditation in the other State or the Territory expires or is
cancelled, suspended, varied, surrendered, withdrawn or revoked.

(5) In addition, it is a condition of accreditation that an accredited rail
operator must take reasonable steps to ensure that a rail safety worker who
carries out, or is about to carry out, rail safety work for that operator-

   (a)  does not have more than the prescribed concentration of alcohol in his
        or her blood or breath; or

   (b)  is not impaired by a drug.

(6) If an accredited rail operator who has been accredited subject to a
restriction carries out any action that is inconsistent with the restriction,
the accredited rail operator is not accredited to carry out that action for
the purposes of section 36 or 37.

(7) A condition requiring compliance with any provision of a code of practice
(whether approved under section 91 or not) is of no effect.