Document ID: chunk:federal_register_of_legislation:F2008L00938:body:0:p3
Version: federal_register_of_legislation:F2008L00938
Segment Type: other
Provision Reference: 
Character Range: 5385–8539

person:
                         In the case of a body corporate:

                   Note: Local variations for consistency with OHS legislation.".

8. Amendment of section 31
          (1) In section 31 of the Principal Bill –
             (a) for "A person" substitute "(1) A person";
             (b) omit "(other than rail safety work)".
          (2) At the end of section 31 of the Principal Bill insert –

             "(2) Sub-section (1) does not apply to a rail safety worker, not being a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who –
             (a) is accredited under this Part; or
             (b) is exempt under this Act from compliance with this section –

            in relation to that rail safety work.".

9. Amendment of section 33
 In section 33(2) of the Principal Bill –
             (a) omit paragraph (c); and
             (b) for "(d)" substitute "(c)";
             (c) for "(e)" substitute "(d)".
             (d) for "(f)" substitute "(e)".

10. Amendment of sections 34, 37 and 38
          (1) In section 34(a) of the Principal Bill, after "the applicant is" insert "or is to be".
          (2) In section 37 of the Principal Bill –
             (a) in sub-section (1)(a), omit "in the prescribed form";
             (b) in sub-section (2), omit "must be in the prescribed form and".
          (3) In section 38 of the Principal Bill, for "an applicant" substitute "a person".

11. Amendment of sections 44 and 45
          (1) In section 44 of the Principal Bill –
             (a) in sub-section (1)(a)(i), after "conditions" insert ", or to comply with the restrictions,";
             (b) in sub-section (2)(b), after "wholly" insert "or in part";
             (c) in sub-section (4), after "wholly" insert "or in part".
          (2) After section 44(2) of the Principal Bill insert –

             "(3) The Rail Safety Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.".
          (3) In section 44 of the Principal Bill –
             (a) for "(3) Before" substitute "(4) Before";
             (b) in renumbered sub-section (4)(a)(ii), for "make representations" substitute "make written representations";
             (c) for "(4)" substitute "(5)";
             (d) for "(5)" substitute "(6)".

          (4) In section 45 of the Principal Bill –
             (a) in sub-section (1)(a), after "wholly" insert "or in part";
             (b) in sub-section (2), after "wholly or in part" insert "or in respect of specified railway operations";
             (c) in sub-section(4)(a)(ii), for "make representations" substitute "written representations".

12. Amendment of section 46
          (1) For sections 46(1)(a) and 46(1)(b) of the Principal Bill substitute –

             "(a) if the operator is an accredited person or 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;