Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 62A

Co-ordination between Safety Director and corresponding Rail Safety Regulator

62A. Co-ordination between Safety Director and corresponding Rail Safety
Regulator



(1) This section applies if the Safety Director receives an application for
accreditation under Division 2, or for variation of accreditation or the
conditions or restrictions of accreditation under Division 4, that indicates
that the applicant is accredited, or is seeking accreditation in another State
or a Territory of the Commonwealth under a corresponding law to carry out rail
operations of a similar kind to those the subject of the application under
Division 2 or 4.

(2) The Safety Director must, as soon as possible and before deciding whether
or not to grant the application, consult with the relevant corresponding Rail
Safety Regulator, or Regulators, in relation to the application with a view to
the outcome of the application being consistent with the outcome of
applications made in the other jurisdiction or jurisdictions.

(3) The Safety Director, in complying with subsection (2), must take into
account any guidelines prepared under subsection (5).

(4) If the Safety Director does not, in relation to an application, act
consistently with the provisions of any guidelines prepared under subsection
(5), the Safety Director must give the applicant reasons for not so acting.

(5) The Minister may prepare guidelines about the manner of the consultation
the Safety Director is required to undertake under subsection (2).





(6) In this section-

corresponding law means-

   (a)  the law of another State or a Territory of the Commonwealth
        corresponding, or substantially corresponding, to this Act; or

   (b)  a law of another State or a Territory of the Commonwealth that is
        declared under the regulations to be a corresponding law, whether or
        not the law corresponds, or substantially corresponds, to this Act;
        corresponding Rail Safety Regulator means-

   (a)  the person who, or body that, has functions or powers under a
        corresponding law that substantially correspond to the functions and
        powers of the Safety Director under this Part; or

   (b)  a person prescribed by the regulations as the corresponding Rail
        Safety Regulator for another State or a Territory of the Commonwealth
        for the purposes of this Act.