Document ID: chunk:federal_register_of_legislation:F2008L00938:body:0:p5
Version: federal_register_of_legislation:F2008L00938
Segment Type: other
Provision Reference: 
Character Range: 11027–14022

times or periods are prescribed, at least once each year or at such other time as is agreed between the rail transport operator and the Rail Safety Regulator.

               Penalty:     In the case of a natural person:
               In the case of a body corporate:".

18. Amendment of section 60

In section 60(3) of the Principal Bill, for "longer" substitute "other".

19. Amendment of sections 62 and 63

          (1) In section 62(c) of the Principal Bill, for "a security incident occurs." substitute "an incident of a kind referred to in paragraph (a) occurs.".

          (2) At the end of section 62 of the Principal Bill insert –

                Penalty: In the case of a natural person:
                In the case of a body corporate:".

          (3) In section 63 of the Principal Bill –

             (a) for "emergency plan", wherever occurring in the heading and in sub-sections (1) and (2), substitute "emergency management plan";

             (b) at the end of sub-section (1) insert –

             Penalty: In the case of a natural person:
       In the case of a body corporate:";

             (c) at the end of sub-section (3) insert –

             "Penalty: In the case of a natural person:
       In the case of a body corporate:".

20. Amendment of section 68

For sections 68(1), 68(2) and 68(3) of the Principal Bill substitute –

             "(1) A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the rail transport operator's rail infrastructure or rolling stock has the competence to carry out that work.

                  Penalty:        In the case of a natural person:
                  In the case of a body corporate:

             (2) For the purposes of sub-section (1), the competence of a rail safety worker to carry out particular rail safety work must be assessed –

                   (a) by reference to –

                      (i) any qualification and any units of competence recognised under the Australian Quality Training Framework within the meaning of the Skilling Australia's Workforce Act 2005 of the Commonwealth applicable to that rail safety; or

                      (ii) if sub-paragraph (i) does not apply, the applicable prescribed provisions; and

                   (b) by reference to the knowledge and skills of the rail safety worker that would enable the worker to carry out the rail safety work safely.

             (3) A certificate purporting to have been issued under the Australian Quality Training Framework to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence.".

21. New section 72 substituted

For section 72 of the Principal Bill substitute‑

             "(1) The Rail Safety Regulator may, by notice in writing given to a rail transport operator, require the operator to provide to the Rail Safety Regulator