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National Transport Commission (Model Rail Safety (Amendment No. 1) Bill) Regulations 20081

  Select Legislative Instrument 2008 No. 34

I, PHILIP MICHAEL JEFFERY, 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 20 March 2008

  P. M. JEFFERY
  Governor‑General
  By His 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. 1) Bill) Regulations 2008.

2 Commencement

  These Regulations commence on the day after they are registered.

3 Model legislation — Model Rail Safety (Amendment No. 1) 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. 1) Bill 2008
(regulation 3)

Contents

 1. Purpose
 2. Principal Bill
 3. Amendment of section 4
 4. Amendment of section 8
 5. Amendment of note to Part 2
 6. Amendment of section 28
 7. New section 28A inserted
 8. Amendment of section 31
 9. Amendment of section 33
 10. Amendment of sections 34, 37 and 38
 11. Amendment of sections 44 and 45
 12. Amendment of section 46
 13. Amendment of section 49
 14. Amendment of sections 52 and 53
 15. Amendment of section 56
 16. Amendment of section 57
 17. Amendment of section 59
 18. Amendment of section 60
 19. Amendment of sections 62 and 63
 20. Amendment of section 68
 21. New section 72 substituted
 22. Amendment of section 73
 23. Amendment of Part 4, Division 7
 24. Amendment of Part 5
 25. Amendment of Part 6
 26. Amendment of section 146
 27. Amendment of Part 8
 28. Amendment of section 162
Schedule 1 Model Rail Safety (Amendment No. 1) Bill 2008[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

In section 4 of the Principal Bill, after the definition of "relevant 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