Document ID: chunk:federal_register_of_legislation:C2004C00908:clause:2_74a
Version: federal_register_of_legislation:C2004C00908
Segment Type: clause
Provision Reference: sch 2 cl 74A
Character Range: 49984–50963

74A  Operation of certain State and Territory laws

 (1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.

 (2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.

 (3) The Minister may, by written notice published in the Gazette, declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.

 (4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.

 (5) A declaration made under subsection (3) has effect accordingly.