Div 11Audit of railway operations by Regulator

Division 11—Audit of railway operations by Regulator 133—Audit of railway operations by Regulator (1) The 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. (2) Without limiting subsection (1)(b), an audit program may focus on 1 or more of the following: (a) particular rail transport operators; (b) particular criteria relating to rail transport operators; (c) particular aspects of rail safety; (d) particular aspects of railway operations. (3) The Regulator must give not less than 24 hours written notice to a rail transport operator before inspecting the operator's railway operations under this section. (4) The national regulations may establish procedures for the conduct of audits under this section, including procedures to ensure the confidentiality of records. rail transport operator includes a person, not being an employee, engaged to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator. Part 4—Securing compliance Division 1—Guiding principle 134—Guiding principle Enforcement of this Law should be undertaken for the purpose of— (a) protecting public safety; and (b) promoting improvement in rail safety; and (c) removing incentive for any unfair commercial advantage that might be derived from contravening the rail safety requirements under this Law; and (d) influencing the attitude and behaviour of persons whose actions may have adverse impacts on rail safety; and (e) securing compliance with this Law through effective and appropriate compliance and enforcement measures. Division 2—Rail safety officers 135—Appointment (1) The Regulator may, by instrument in writing, appoint a person, or a person of a prescribed class, to be a rail safety officer for a term, and subject to the conditions, specified in the instrument. Notes—