Document ID: chunk:federal_register_of_legislation:F2008L00938:body:0:p4
Version: federal_register_of_legislation:F2008L00938
Segment Type: other
Provision Reference: 
Character Range: 8278–11277

has an exemption under this Part, the current notice of accreditation or exemption under this Part; and

             (b) if the operator is a rail infrastructure manager of a private siding registered with the Rail Safety Regulator, the notice of registration; and

             (c) any other document prescribed by the regulations for the purposes of this section – ".
          (2) In section 46 of the Principal Bill –
             (a) for "(b)" substitute "(d)";
             (b) for "(c)" substitute "(e)";
             (c) for "(d)" substitute "(f)".

13. Amendment of section 49

In section 49(1)(a) of the Principal Bill, omit "in the prescribed form".

14. Amendment of sections 52 and 53
          (1) In section 52(2) of the Principal Bill, for "accreditation and section 33" substitute "variation of accreditation and section 47".
          (2) For section 52(3) of the Principal Bill substitute –

              "(3)  The Rail Safety Regulator must consider the application and, if satisfied as to the matters referred to in sections 34 and 35 so far as they are applicable to the proposed variation, may, by notice in writing given to the accredited person and in accordance with the provisions of this Part so far as they are applicable, grant, or refuse to grant, the variation.".

          (3) After section 53(2)(b) of the Principal Bill insert –

             "; and

             (c) consider any representations made under paragraph (b) and not withdrawn.".

          (4) In section 53(4)(a) of the Principal Bill, for "(iii)" substitute "(ii)".

15. Amendment of section 56

           After section 56(2) of the Principal Bill insert –

             "(3) The Rail Safety Regulator must issue a notice of registration to a rail infrastructure manager who registers a private siding with the Rail Safety Regulator.

             (4) If the regulations so prescribe, the Rail Safety Regulator must make prescribed particulars of a registration under sub-section (2) available for public inspection at the Rail Safety Regulator's office or a prescribed place, during ordinary business hours.".

16. Amendment of section 57

In section 57 of the Principal Bill –

             (a) in sub-section (1), after "management system for railway operations" insert "(other than railway operations in respect of which the operator is not required to be accredited)";

             (b) in sub-section (2), after "system in relation to railway operations" insert "in respect of which the operator is required to be accredited".

17. Amendment of section 59

In section 59 of the Principal Bill, for all words and expressions after "regulations" substitute –

         "at such times or within such periods as are prescribed or, if no times or periods are prescribed, at least once each year or at such other time as is agreed between the rail transport operator and the Rail Safety Regulator.

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