Northern Territory Numbered Acts

RAIL SAFETY ACT 2010 (NO 10 OF 2010) - SECT 42

    (1)     The Director must, within the relevant period, give to the applicant:

    (a)     if the Director is satisfied as to the matters mentioned in sections 27 and 28 so far as they are applicable to the proposed variation – a notice varying the accreditation, with or without any conditions or restrictions; or

    (b)     if the Director is not so satisfied – a notice refusing the application.

    (2)     A notice under subsection (1) varying an accreditation must specify the following:

    (a)     the prescribed details relating to the applicant;

    (b)     the variation of the accreditation, so far as it applies to the scope and nature of the railway operations or the manner in which they are to be carried out;

    (c)     any conditions and restrictions imposed by the Director on the accreditation as varied;

    (d)     any other prescribed information.

    (3)     A notice under subsection (1) refusing an application, or imposing a condition or restriction, must include:

    (a)     the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction; and

    (b)     information about the right of review under Part 5.

    (4)     In this section:

"relevant period", in relation to an application, means the longest of the following periods:

    (a)     6 months after the application was received by the Director;

    (b)     if the Director requested further information – 6 months after the Director receives the last information so requested (or another period as agreed between the Director and the applicant);

    (c)     if the Director, by notice given to the applicant before the expiry of the relevant 6 months, specifies another period – the other period.