3HReview by relevant safety regulator of directions relating to transport safety matters

3H Review by relevant safety regulator of directions relating to transport safety matters

3H Review by relevant safety regulator of directions relating to transport safety matters

(1) In this section—

direction means a direction given by TfNSW under section 3G to a body (a transport authority).

relevant safety regulator means—

(a) in the case of a direction relating to rail services or infrastructure—the National Rail Safety Regulator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or

(b) in the case of a direction relating to bus services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or

(c) in the case of a direction relating to ferry services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section.

safety management system of a transport authority means any safety management system that the authority is required to have—

(a) under section 9D of the Passenger Transport Act 1990, or

(b) under section 99 of the Rail Safety National Law (NSW), or

(c) under the National law (within the meaning of the Marine Safety Act 1998).

(2) A transport authority may advise TfNSW of the likely impact on its safety management system of compliance with a direction of TfNSW (including whether the authority needs to make appropriate modifications to its safety management system before it is able to comply with the direction).

(3) As a result of that advice, TfNSW may—

(a) change or revoke the direction, or

(b) suspend the direction and request the relevant safety regulator to review the likely impact of the direction.

(4) If—

(a) TfNSW does not change, revoke or suspend the direction, and