Document ID: chunk:federal_register_of_legislation:F2008L00938:body:0:p2
Version: federal_register_of_legislation:F2008L00938
Segment Type: other
Provision Reference: 
Character Range: 2574–5695

concentration of alcohol", insert the following note:

         "Note: See note to s. 28(2)(c)."

4. Amendment of section 8

For section 8(2) of the Principal Bill substitute –

            "(2) Work, or any class of work, prescribed by the regulations not to be rail safety work is not rail safety work for the purposes of this Act.".
              Draft Note: Local variations if interpretation legislation does not require a reference to 'class of work' to be included.

5. Amendment of note to Part 2

In the note under the heading to Part 2 of the Principal Bill, for "Division" substitute "Part".

6. Amendment of section 28
          (1) After section 28(2)(c) of the Principal Bill, insert the following Draft Note –
         'Draft Note: Local variations – include "more than" if the relevant concentration is zero.  Note also that the defined term may be 'prescribed concentration' rather than 'relevant concentration' if the concentration is a positive amount (similar adjustments may be necessary if zero drug tolerance applies).'.
          (2) In section 28(3)(a) of the Principal Bill, for "use, installation, modification, design, construction, commissioning, maintenance" substitute "design, construction, commissioning, use, installation, modification, maintenance, repair".
          (3) In section 28(4)(b) of the Principal Bill, for " maintenance, commissioning, modification, construction, repair or cleaning of rolling stock is" substitute "design, construction, commissioning, use, modification, maintenance, repair, cleaning or decommissioning of rolling stock is done or".
          (4) In section 28 of the Principal Bill ‑
             (a) omit sub-section (5); and
             (b) for "(6)" substitute "(5)".
          (5) At the end of section 28 of the Principal Bill insert the following Draft Note:
         "Draft Note: Note that former section 28(5) is now section 28A".

7. New section 28A inserted
 After section 28 of the Principal Bill insert –

              "28A. Duties of rail transport operators extend to contractors

                (1) The duties of a rail transport operator under section 28 extend to a person who, not being an employee employed to carry out railway operations, undertakes railway operations on or in relation to rail infrastructure or rolling stock of the operator, and any employees of the person, in relation to matters over which the operator has control or would have control if not for any agreement purporting to limit or remove that control.

                (2) A person to whom the duties under section 28 extend by reason of sub-section (1) must comply with those duties in respect of railway operations referred to in that sub-section undertaken by the person.

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

                   Note: Local variations for consistency with OHS legislation.".

8. Amendment of section 31
          (1) In section 31 of the Principal Bill –
             (a) for "A person" substitute "(1) A person";
             (b) omit