Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 54

Application for variation of accreditation is required in certain cases

54. Application for variation of accreditation is required in certain cases



(1) This section applies if an accredited rail operator proposes to make a
change to, or to the manner of carrying out, accredited rail operations that
may reasonably be expected-

   (a)  to change the nature, character and scope of the accredited rail
        operations; or

   (b)  to not be within the competence and capacity for which the accredited
        rail operator is accredited.

(1A) The accredited rail operator must apply to the Safety Director for a
variation of its accreditation.



(2) An accredited rail operator must not make any change to, or to the manner
of carrying out, accredited rail operations if-

   (a)  the change requires the accredited rail operator to apply for
        variation to the conditions or restrictions of the accreditation to
        which the accredited rail operator is subject; and



   (b)  the variation has not been granted.

Penalty: In the case of a natural person, 1000 penalty units or imprisonment
for 12 months or both; In the case of a body corporate, 2500 penalty units.

(3) An application under this section must-

   (a)  be in writing; and

   (b)  describe-

   (i)  the nature, character and scope of the change in rail operations; or

   (ii) how those operations are not, or may not be, within the competence and
        capacity for which the accredited rail operator is accredited; and

   (c)  contain the prescribed information (if any).

(3A) The Safety Director may require an accredited rail operator who has
applied for a variation-

   (a)  to supply further information requested by the Safety Director;

   (b)  to verify by statutory declaration any information supplied to the
        Safety Director.

(4) The Safety Director must consider an application he or she receives under
this section.

(5) The Safety Director must grant or refuse to grant the variation within the
relevant period.



(6) If the Safety Director refuses to grant a variation, the Safety Director
must-

   (a)  notify the accredited rail operator-

   (i)  of that refusal; and

   (ii) that they have a right to seek review of the Safety Director's
        decision under Part 7; and

   (b)  give the accredited rail operator a statement of reasons for the
        refusal.

(7) A notification under subsection (6)(a) and a statement of reasons under
subsection (6)(b) must be in writing.

(8) The Safety Director may issue guidelines relating to the identification of
changes that require applications for variation of an accreditation.

(9) In this section-

relevant period, in relation to a decision to grant or refuse to grant a
variation, means-

   (a)  6 months after the application for that variation was received by the
        Safety Director; or

   (b)  if the Safety Director requests further information for the purposes
        of making that decision, 6 months, or such other period, as is agreed
        between the Safety Director and the accredited rail operator, after
        the Safety Director receives the last of the information requested; or

   (c)  if the Safety Director, by notice in writing given to the accredited
        rail operator before the expiry of the relevant 6 months, specifies
        another period, that period- whichever is longer.