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National Transport Commission (Model Rail Safety (Amendment No. 2) Bill) Regulations 20081

  Select Legislative Instrument 2008 No. 277

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.
Dated 12 December 2008

  QUENTIN BRYCE
  Governor‑General
  By Her Excellency's Command

  ANTHONY ALBANESE
  Minister for Infrastructure, Transport, Regional Development and Local Government

1 Name of Regulations

  These Regulations are the National Transport Commission (Model Rail Safety (Amendment No. 2) Bill) Regulations 2008.

2 Commencement

  These Regulations commence on the day after they are registered.

3 Model legislation — Model Rail Safety (Amendment No. 2) Bill 2008

  Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out amendments, in the form of a Bill, to model legislation about rail safety.

Schedule 1 Model Rail Safety (Amendment No. 2) Bill 2008
(regulation 3)

Contents

1.  Purpose
2.  Principal Bill
3.  Amendment of section 4
4.  Amendment of section 46
5.   Amendment of section 56
6.   Substitution of section 57(1)(f)(i)
7.   New sections 61 and 61A to 61G substituted

Schedule 1 Model Rail Safety (Amendment No. 2) Bill[1]
               (regulation 3)

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

1. Purpose

The purpose of this Bill is to amend the Rail Safety Bill.

2. Principal Bill

In this Bill, the Rail Safety Bill, being the Model Provisions dated 10 April 2006 and approved by the Australian Transport Council on 2 June 2006, is called the Principal Bill.

3. Amendment of section 4
          (1) In section 4 of the Principal Bill, insert the following definitions –

              "Australian Road Rules  means the Road Rules – Victoria published in the Government Gazette (Periodical Gazette No. 2) on 28 October 1999, as those Rules have effect for the purposes of regulation 201(1) of the Road Safety (Road Rules) Regulations 1999; [Local variations]

           footpath has the same meaning as in the dictionary at the end of the Australian Road Rules;

interface agreement means an agreement about managing risks to safety identified and assessed under Division 4 of Part 4 that includes provisions for ‑

             (a) implementing and maintaining measures to manage those risks; and

             (b) the evaluation, testing and, where appropriate, revision, of those measures; and

             (c) the respective roles and responsibilities of each party to the agreement in relation to those measures; and

             (d) procedures by which each party to the agreement will monitor compliance with the obligations under the agreement; and

             (e) a process for keeping the agreement under review and its revision;

            level