(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. (3) This section applies despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006). 37 References to the previous regulator in documents s. 37 (1) Subject to this Division, on a declaration day, every reference to the previous regulator in a document (by whatever name called or however described) is taken to be a reference to the new regulator. (2) Subsection (1) applies unless the context otherwise requires. 38 Regulations dealing with further transitional matters s. 38 (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the making of a declaration under section 13 and the application of sections 14 and 15. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from a date not earlier than a declaration day; and (b) be of limited or general application; and
(4) This section is repealed on the second anniversary of the day on which it comes into operation. __________________ Division 1—EastLink Project Act 2004 53 Definitions See: Act No. 39/2004. Reprint No. 3 as at 21 July 2011 and amending Act No. 61/2011. LawToday: www. legislation. vic.gov.au s. 53 In section 3 of the EastLink Project Act 2004, in the definition of Utility, for paragraphs (d) and (e) substitute— "(d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria);". Division 2—Electricity Industry Act 2000 54 Definitions for the purposes of Part 5 See: Act No. 68/2000. Reprint No. 6 as at 17 March 2011 and amending Act Nos 74/2010, 50/2011, 59/2011, 64/2011, 21/2012 and 51/2012. LawToday: www. legislation. vic.gov.au In section 85 of the Electricity Industry Act 2000— (a) for the definition of rail infrastructure substitute— "rail infrastructure means rail infrastructure within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);"; (b) for the definition of rolling stock substitute—
(Local Operations) Act 2006 or the Rail Safety National Law (Victoria);"; (b) for the definition of rolling stock substitute— "rolling stock means rolling stock within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);". Division 7—Melbourne City Link Act 1995 61 Definitions See: Act No. 107/1995. Reprint No. 8 as at 1 August 2011 and amending Act Nos 35/2011, 61/2011, 17/2012 and 82/2012. LawToday: www. legislation. vic.gov.au s. 61 In section 21(1) of the Melbourne City Link Act 1995, in the definition of Utility, for paragraphs (d) and (e) substitute— "(d) a rail transport operator within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);". 62 Approvals of public bodies not required For section 39(2)(b) of the Melbourne City Link Act 1995 substitute— "(b) the Rail Safety (Local Operations) Act 2006; and (ba) the Rail Safety National Law (Victoria); and". Division 8—Rail Management Act 1996 63 Definitions for the purposes of Part 2A
See: Act No. 7/2009. Reprint No. 2 as at 18 March 2012 and amending Act Nos 65/2010, 20/2012, 26/2012, 48/2012, 49/2012, 74/2012 and 82/2012. LawToday: www. legislation. vic.gov.au s. 80 For item 25 of Schedule 2 to the Criminal Procedure Act 2009 substitute— "25 Rail Safety (Local Operations) Act 2006 25.1 Indictable offences under the Rail Safety (Local Operations) Act 2006. 25A Rail Safety National Law (Victoria) 25A.1 Indictable offences under the Rail Safety National Law (Victoria).". Division 14—Transport Integration Act 2010 81 Definitions See: Act No. 6/2010. Reprint No. 3 as at 24 January 2013 and amending Act Nos 6/2010, 34/2011 and 61/2011. LawToday: www. legislation. vic.gov.au (1) In section 3 of the Transport Integration Act 2010 insert the following definitions— "Australian Transport Safety Bureau or ATSB means the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 of the Commonwealth; Office of the National Rail Safety Regulator has the same meaning as in the Rail Safety National Law (Victoria); National Rail Safety Regulator means the Regulator within the meaning of the Rail Safety National Law (Victoria); s. 81 rail safety officer has the same meaning as in the Rail Safety National Law (Victoria);". (2) In section 3 of the Transport Integration Act 2010—
(a) in paragraph (a)(i) and (ii)— (i) after "Rail Safety" insert "(Local Operations)"; (ii) after "1983" insert ", the Rail Safety National Law Application Act 2013"; (iii) after "or any other Act" insert "or the Rail Safety National Law (Victoria)"; (b) in paragraphs (b)(ii), (iii) and (iv) and (e), after "Rail Safety" insert "(Local Operations)"; (c) in paragraph (e), for "accredited rail operators" substitute "rail transport operators". 84 Information disclosure by Director, Transport Safety In section 177(2)(b) of the Transport Integration Act 2010, after "Safety" insert "(Local Operations)". 85 Delegation by Director, Transport Safety In section 178(1) of the Transport Integration Act 2010, after "Rail Safety" insert "(Local Operations)". 86 New section 180 substituted s. 86 For section 180 of the Transport Integration Act 2010 substitute— "180 Object of the Chief Investigator, Transport Safety
Council under section 11 of the Public Administration Act 2004 dated 24 August 2010 and published in the Government Gazette on 26 August 2010; S. 155(2) def. of Regional Rail Link entity amended by No. 70/2013 s. 4(Sch. 2 item 40.2). Regional Rail Link entity means— (a) the Regional Rail Link Authority; or (b) the chief executive officer of the Regional Rail Link Authority; or (c) a member of the board of the Regional Rail Link Authority; or (d) the Secretary to the Department of Transport, Planning and Local Infrastructure; or (e) the project proponent for Regional Rail Link 1 or Regional Rail Link 2; or (f) a contractor engaged by the Regional Rail Link Authority for the purposes of Regional Rail Link 1 or Regional Rail Link 2; or (g) a subcontractor engaged by a contractor referred to in paragraph (f) for the purposes of Regional Rail Link 1 or Regional Rail Link 2; Regional Rail Link 1 means the Regional Rail Link 1 project declared to be a declared project under a declaration under section 10(b) of the Major Transport Projects Facilitation Act 2009 published in the Government Gazette on 6 July 2010; Regional Rail Link 2 means the Regional Rail Link 2 project declared to be a declared project under a declaration under section 10(b) of the Major Transport Projects Facilitation Act 2009 published in the Government Gazette on 6 July 2010.
Legislative Council: 21 March 2013 The long title for the Bill for this Act was "A Bill for an Act to make provision for a national system of rail safety and to make related amendments to other Acts and for other purposes." The Rail Safety National Law Application Act 2013 was assented to on 23 April 2013 and came into operation as follows: Sections 1–5 on 24 April 2013: section 2(1); rest of Act on 19 May 2014: Special Gazette (No. 148) 13 May 2014 page 2. Table of Amendments Endnotes This Version incorporates amendments made to the Rail Safety National Law Application Act 2013 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: Ss 3(Sch. 1 item 44), 4(Sch. 2 item 40) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014 Assent Date: 8.4.14 Commencement Date: S. 157 on 18.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2 : This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.