Document ID: chunk:federal_register_of_legislation:F2008L00938:body:0:p6
Version: federal_register_of_legislation:F2008L00938
Segment Type: other
Provision Reference: 
Character Range: 13758–16911

competence.".

21. New section 72 substituted

For section 72 of the Principal Bill substitute‑

             "(1) The Rail Safety Regulator may, by notice in writing given to a rail transport operator, require the operator to provide to the Rail Safety Regulator on or before a specified date and in a manner and form approved by the Rail Safety Regulator, any or all of the following –

                (a) information concerning measures taken by the rail transport operator to promote rail safety; and

                (b) information concerning matters, including matters relating to the financial capacity or insurance arrangements of the rail transport operator, relating to rail safety or the accreditation of the rail transport operator that the Rail Safety Regulator reasonably requires; and

                (c) the information prescribed for the purposes of this sub-section.

             (2) The rail transport operator must comply with a notice given to the operator under sub-section (1).

                  Penalty:        In the case of a natural person:
                  In the case of a body corporate:

             (3) A rail transport operator must provide to the Rail Safety Regulator, in a manner and form approved by the Rail Safety Regulator and at the prescribed times and in respect of the prescribed periods, information prescribed by the regulations for the purposes of this sub-section relating to rail safety or accreditation.

                  Penalty:        In the case of a natural person:
                  In the case of a body corporate:".

22. Amendment of section 73

          (1) In the heading to section 73, for "notifiable" substitute "certain".

          (2) In section 73(1) of the Principal Bill, omit "form and".

          (3) After section 73(4) of the Principal Bill insert‑

             "(5) A rail transport operator to whom a requirement under sub-section (3) applies must comply with the requirement.

                 Penalty: In the case of a natural person:
                 In the case of a body corporate:".

23. Amendment of Part 4, Division 7

          (1) In the heading to Division 7 of Part 4 of the Principal Bill, omit "and Inspections".

          (2) In the heading to section 75 of the Principal Bill, for "Inspection" substitute "Audit".

          (3) For section 75(1) of the Principal Bill substitute‑

             "(1) The Rail Safety Regulator –

                (a) may audit the railway operations of a rail transport operator; and

                (b) may prepare and implement a program ("an audit program") for each year for inspecting the railway operations of rail transport operators; and

                (c) may, for the purposes of an audit, inspect the railway operations of a rail transport operator whether or not under an audit program.".

          (4) In section 75 of the Principal Bill –

             (a) in sub-section (2), for "sub-section (1)(a)" substitute "sub-section (1)(b)";

             (b) in sub-section (4), omit "and inspections".

          (5) After section 75(4) of the Principal Bill insert –

             "(5) In this section