Document ID: chunk:federal_register_of_legislation:F2016C00700:schedule:1:p3
Version: federal_register_of_legislation:F2016C00700
Segment Type: schedule
Provision Reference: sch 1 (pt 3/4)
Character Range: 9113–12418

Power to use force against persons to be exercised only by police officers
115 Protection from incrimination
Part 6—Review of decisions
116 Application of Ombudsman legislation to Rail Safety Regulator and rail safety officers [local variations]
117 Reviewable decisions
118 Review by the Rail Safety Regulator
119 Review by the tribunal [or court – local variations]
Part 7—General liability and evidentiary provisions
Division 1—General
120 Proceedings for offences
121 Period within which proceedings for offences may be commenced
122 Authority to take proceedings [non‑core provision]
123 Vicarious responsibility [non‑core provision]
124 Records and evidence from records
125 Certificate evidence
126 Proof of appointments and signatures unnecessary
127 Multiple offences [non‑core provision]
128 Offences by bodies corporate, partnerships, associations and employees [non‑core provision]
Division 2—Discrimination against employees
129 Dismissal or other victimisation of employee
130 Defendant bears onus of proof
131 Order for damages or reinstatement
Division 3—False or misleading information
132 False or misleading information provided to Rail Safety Regulator or officials
Division 4—Other offences
133 Obstructing or hindering rail safety officers
134 Offence to impersonate rail safety officer [non‑core provision]
135 Not to interfere with train, tram etc
136 Applying brake or emergency device
137 Stopping a train or tram
Division 5—Infringement notices
138 Infringement notices
139 Infringement penalty
Division 6—Enforceable voluntary undertakings
140 Rail Safety Regulator may accept undertakings
141 Enforcement of undertakings
Division 7—Court‑based sanctions
142 Fines
143 Daily penalty for continuing offences [non‑core provision]
144 Commercial benefits order [non‑core provision]
145 Supervisory intervention order [non‑core provision]
146 Contravention of supervisory intervention order [non‑core provision]
147 Exclusion orders [non‑core provision]
148 Contravention of exclusion order [non‑core provision]
Part 8—General
Division 1—Confidentiality
149 Confidentiality
Division 2—Civil liability
150 Civil liability not affected by Division 1 or 4 of Part 4
151 Indemnity of persons authorised by Rail Safety Regulator and rail safety officers
152 Immunity for reporting unfit rail safety worker
Division 3—Compliance codes and guidelines
153 Approval of compliance codes and guidelines
154 Effect of compliance code
155 Effect of complying with a compliance code
156 Disallowance of compliance codes or guidelines
Division 4—Miscellaneous
157 Recovery of certain costs
158 Recovery of amounts due
159 Compliance with conditions of accreditation
160 Prescribed persons
161 Contracting out prohibited
162 Regulations
Part 9—Transitional
163 Transitional
Part 10—Consequential amendments

Introductory note from the National Transport Commission
This Bill is intended to provide model rail safety legislative provisions for nationally consistent implementation in each State and Territory.
The Bill is in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available—for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation.
The model provisions