Document ID: chunk:federal_register_of_legislation:F2008L04648:body:0:p6
Version: federal_register_of_legislation:F2008L04648
Segment Type: other
Provision Reference: 
Character Range: 13650–16797

operator, rail infrastructure manager or road manager referred to in section 61, 61A, 61B or 61C –

                 (a) is unreasonably refusing or failing to enter into an interface agreement with another person as required under this Division; or

                 (b) is unreasonably delaying the negotiation of such an agreement.

              (3) The appointed person may issue a written notice to the rail transport operator, the rail infrastructure manager or the road manager, as the case requires, and the other person that –

                 (a) warns of the appointed person's powers under this section, including the power to issue a direction under subsection (4) at any time after a specified date; and

                 (b) includes a copy of this section; and

                 (c) may contain suggested terms for inclusion in an interface agreement.

              (4) If the appointed person issues a notice under subsection (3) to a rail transport operator, rail infrastructure manager or road manager, the appointed person may, in writing, request the operator or manager to provide such information as the appointed person reasonably requires for the purposes of making a direction under subsection (5).

              (5) If a notice is issued under subsection (3) and an interface agreement has not been entered into by or on the date specified in the notice, the appointed person –

                 (a) may determine the arrangements that are to apply in relation to the management of risks to safety referred to in section 61, 61A, 61B or 61C, as the case requires; and

                 (b) may direct either or both persons to whom the notice is issued to give effect to those arrangements; and

                 (c) must specify by when a direction must be complied with.

              (6) A direction under subsection (5) –

                 (a) must be in writing; and

                 (b) must set out any arrangements determined by the appointed person under that subsection.

              (7) A person to whom a direction under subsection (5) is given must comply with the direction.

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

              Note
              Local variations

             61G. Register of interface agreements

              (1) A rail transport operator must maintain a register of –

                 (a) interface agreements to which it is a party; and

                 (b) arrangements determined by the appointed person under section 61F –

            that are applicable to its railway operations.

              (2) A road manager must maintain a register of –

                 (a) interface agreements to which it is a party; and

                 (b) arrangements determined by the appointed person under section 61F –

            that are applicable to any road in relation to which it is the road manager.

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

Note

1. All legislative instruments and compilations are registered