Document ID: chunk:federal_register_of_legislation:F2016C00700:schedule:1:p1
Version: federal_register_of_legislation:F2016C00700
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 3533–6625

Schedule 1—Text of the draft Rail Safety Bill 2006
(regulation 3)

Contents

Page
Introductory note from the National Transport Commission
Part 1—Preliminary
1 Purpose
2 Commencement
3 Objects of Act
4 Definitions
5 Declaration of substance to be a drug
6 Railways to which this Act does not apply
7 The concept of ensuring safety
8 Rail safety work
9 Examples [local variations]
10 Notes [local variations]
11 Crown to be bound
Part 2—Occupational Health and Safety legislation
12 Act adds to protection provided by OHS legislation
13 OHS legislation prevails
14 Compliance with this Act is no defence to prosecution under OHS legislation.
15 Relationship between duties under this Act and OHS legislation
16 No double jeopardy
Part 3—Administration
Division 1—The Rail Safety Regulator
17 The Rail Safety Regulator
18 Functions
19 Information to be included in annual reports
20 Delegation
21 Rail Safety Regulator may exercise functions of rail safety officers
Division 2—Rail Safety Officers
22 Appointment
23 Reciprocal powers of rail safety officers
24 Identification cards for rail safety officers
25 Rail safety officer must not exercise functions without identification card
26 Display and production of identification card
27 Return of identification cards
Part 4—Rail Safety
Division 1—General safety duties
28 Safety duties of rail transport operators
29 Duties of designers, manufacturers, suppliers etc
Division 2—Accreditation
30 Purpose of accreditation
31 Accreditation required for railway operations
32 Purpose for which accreditation may be granted
33 Application for accreditation
34 What applicant for accreditation must demonstrate
35 Rail Safety Regulator may direct applicants to co‑ordinate and co‑operate in applications
36 Co‑ordination between Rail Safety Regulators
37 Determination of application
38 Prescribed conditions and restrictions
39 Penalty for breach of condition or restriction
40 Annual fees
41 Late payment fees
42 Waiver of fees
43 Surrender of accreditation
44 Revocation or suspension of accreditation
45 Immediate suspension of accreditation
46 Keeping and making available documents for public inspection
47 Application for variation of accreditation
48 Where application relates to co‑operative railway operations or operations in another jurisdiction
49 Determination of application for variation
50 Prescribed conditions and restrictions
51 Rail Safety Regulator may direct amendment of a safety management system
52 Variation of conditions and restrictions
53 Rail Safety Regulator may make changes to conditions or restrictions
54 Accreditation cannot be transferred or assigned
55 Sale or transfer of railway operations by accredited person
Division 3—Private sidings
56 Exemption from accreditation
Division 4—Safety management
57 Safety management system
58 Compliance with safety management system
59 Review of safety management system
60 Safety performance reports
61 Interface co‑ordination
62 Security management plan
63 Emergency plan
64 Health and fitness management program
65 Alcohol and drug management program
66 Testing for