Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 55

Safety Director may vary, revoke or impose new conditions or restrictions of an accreditation on own initiative

55. Safety Director may vary, revoke or impose new conditions or restrictions
of an accreditation on own initiative



(1) The Safety Director may at any time on his or her own initiative-

   (a)  vary or revoke a condition or restriction of an accreditation; or

   (b)  impose a new condition or restriction.

(2) Before taking action under this section, the Safety Director must-

   (a)  give the accredited rail operator written notice of the action that
        the Safety Director proposes to take; and

   (b)  allow the accredited rail operator to make written representations
        about the intended action within 10 business days (or any other period
        that the Safety Director and the accredited rail operator agree upon).

(3) Subsection (2) does not apply if the Safety Director considers it
necessary to take immediate action in the interests of public safety.



(4) The Safety Director must-

   (a)  give the accredited rail operator-

   (i)  details of any action taken under subsection (1); and

   (ii) details of any change to the conditions or restrictions of the
        accreditation that occur as a result of any amendment to the
        regulations; and

   (iii) a statement of reasons for any action taken under subsection (1); and

   (b)  notify the accredited rail operator that the operator has a right to
        seek review of the Safety Director's decision under Part 7.

(5) The Safety Director must give the details, the statement of reasons and
notice under subsection (4) in writing.