| (1) |
In the event of a railway occurrence requiring a standard investigation contemplated in section 50(1)(b) and subject to subsection (4), an operator must conduct an investigation in respect of that railway occurrence. |
| (2) |
The operator must furnish a railway occurrence investigation report to the Regulator in the prescribed time frame, manner and form. |
| (3) |
The Regulator may, after consideration of the railway occurrence investigation report, require the operator to assess and report on the impact of the implementation of the recommendations made by the operator. |
| (4) |
In the event of a railway occurrence requiring a standard investigation as contemplated in section 50(1)(b) and involving more than one operator, all operators involved must each conduct a separate investigation in accordance with subsections (5) and (6). |
| (5) |
The operators contemplated in subsection (4) must, within 60 days from the date of the railway occurrence, separately conduct their respective investigations, and every operator must, upon completion of its individual investigations, furnish a railway occurrence investigation report to the Regulator in the prescribed time frame, manner and form. |
| (6) |
If, after consideration of the separate reports— |
| (a) |
the Regulator has reason to believe that the operators have colluded in conducting their respective investigations and in submitting their reports or have not submitted reports which accurately reflect the details of the railway occurrence or sufficiently address the issues impacting on railway safety, the Regulator must request the Minister to exercise his or her powers contemplated in subsection (7); or |
| (b) |
the Regulator is satisfied that the reports accurately reflect the details of the railway occurrence and sufficiently address the issues impacting on railway safety, the Regulator must decide whether further action must be taken, and if so, the Regulator may— |
| (i) |
release the reports received to all operators concerned in order for them to provide the Regulator with comments, but only if the Regulator allows the operator or operators concerned to submit replies to those comments; |
| (ii) |
request the Minister to exercise his or her powers contemplated in subsection (7); or |
| (iii) |
subject to this Act, take any steps provided for in law, if he or she considers it necessary. |
| (7) |
The Minister may, in his or her discretion— |
| (a) |
after receiving a request from the Regulator as contemplated in subsection (6)(a), reject an investigation report by an operator, if the Minister regards that investigation to have been inadequate; or |
| (b) |
instruct an operator not to conduct any further investigations, if the Minister considers it appropriate to order an investigation contemplated in section 51 or 53. |
[Section 52 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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