See: Act No. 31/2001. Reprint No. 5 as at 16 August 2012 and amending Act No. 51/2012. LawToday: www. legislation. vic.gov.au s. 57 For section 147A of the Gas Industry Act 2001 substitute— "147A Definitions In this Division— rail infrastructure means rail infrastructure within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); rail transport operator means a rail transport operator within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); railway operations means railway operations within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); rolling stock means rolling stock within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria).". 58 Notification of gas distribution and transmission companies before railway operations carried out (1) In the heading to section 149C of the Gas Industry Act 2001, for "rail operations" substitute "railway operations". (2) In section 149C(1) of the Gas Industry Act 2001— (a) for "rail operator" substitute "rail transport operator"; (b) for "rail operations" substitute "railway operations"; (c) for "rail operator's" substitute "rail transport operator's".
(Local Operations) Act 2006 or the Rail Safety National Law (Victoria).". Division 13—Criminal Procedure Act 2009 80 Indictable offences that may be heard and determined summarily 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
Australian rail safety law means this Law or a corresponding previous enactment in a participating jurisdiction corresponding, or substantially corresponding, to this Law; authorised person means— (a) a police officer; or (b) a person appointed under section 124; 1 offence—see section 58; Category 2 offence—see section 59; Category 3 offence—see section 60; commercial benefits order means an order under section 230; designated provision of this Law—see section 204; drug means— (a) a substance declared by the national regulations to be a drug for the purposes of this Law; and Annexure (b) a substance declared under section 6 to be a drug for the purposes of this Law; and (c) any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties; employee means a person employed under a contract of employment or contract of training; employer means a person who employs 1 or more other persons under contracts of employment or contracts of training; exercise, for a function, includes perform; footpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians; Fund means the National Rail Safety Regulator Fund established under Part 2 Division 4;
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or (e) is absent, without leave first being granted by the relevant entity from 3 or more consecutive meetings of ONRSR of which reasonable notice has been given to the member personally or by post; or (f) is removed from office by the South Australian Minister under this section; or (g) dies. (2) The South Australian Minister may remove a member of ONRSR from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member's functions as a member of ONRSR. Annexure (3) In this section— relevant entity means— (a) for the Regulator—the responsible Ministers; or (b) for a nonexecutive member—the Regulator. 23—Member to give responsible Ministers notice of certain events A member of ONRSR must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event: (a) the member is convicted of an offence; (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit.
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk—the cost associated with available ways of eliminating or minimising the risk (including whether the cost is grossly disproportionate to the risk). Division 2—Occupational health and safety and railway operations 48—Relationship between this Law and OHS legislation (1) If a provision of the occupational health and safety legislation applies to railway operations, that provision continues to apply, and must be observed, in addition to this Law. (2) If a provision of this Law is inconsistent with a provision of the occupational health and safety legislation, the provision of the occupational health and safety legislation prevails to the extent of any inconsistency. Note— Annexure For example, if a provision of this Law deals with a certain matter and a provision of the occupational health and safety legislation deals with the same matter and it is impossible to comply with both provisions, a person must comply with the occupational health and safety legislation and not with this Law. If provisions of both this Law and the occupational health and safety legislation deal with the same matter but it is possible to comply with both provisions, a person must comply with both. (3) Compliance with this Law or with any requirement imposed under this Law is not in itself a defence in any proceedings for an offence against the occupational health and safety legislation. (4) Evidence of a relevant contravention of this Law is admissible in any proceedings for an offence against the occupational health and safety legislation.
(b) any other substance declared by the national regulations to be a prescribed drug for the purposes of this section. 129—Oral fluid or blood sample or results of analysis etc not to be used for other purposes A sample of oral fluid or blood taken under this Part or the application Act (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used for a purpose other than that contemplated by this Part or the application Act, in connection with the control or management of any work or activity associated with railway operations, or for the purpose of disciplinary proceedings against a rail safety worker. Division 10—Train safety recordings 130—Interpretation Annexure In this Division— train safety recording means a recording consisting of (or mainly of) sounds or images or data, or any combination of sounds, images or data, produced by a device installed in a train, signal box, train control complex or other railway premises for the purpose of recording activities carried out by rail safety workers in relation to the operation of a train. 131—Disclosure of train safety recordings A person must not publish or communicate to any person— (a) a train safety recording or any part of a train safety recording; or (b) any information obtained from a train safety recording or any part of a train safety recording, otherwise than in the course of an inquiry or an investigation into an accident or incident under this Part or for the purposes of, or in connection with—
(2) The assistant— (a) may do such things at the place and in such manner as the rail safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Law; but (b) must not do anything that the officer does not have power to do, except as permitted under a search warrant. (3) Anything done lawfully by the assistant is taken for all purposes to have been done by the rail safety officer. 147—Use of electronic equipment (1) Without limiting section 145, if— (a) a thing found in or on rolling stock or a road vehicle, or at a place, is, or includes, a disk, tape or other device for the storage of information; and Annexure (b) the equipment in or on the rolling stock or road vehicle, or at the place, may be used with the disk, tape or other device, the rail safety officer, or a person assisting the officer, may operate the equipment to access the information. (2) A rail safety officer, or a person assisting a rail safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment. 148—Use of equipment to examine or process things (1) Without limiting section 145, a rail safety officer exercising a power under this Part may bring to, onto, or into, rolling stock, a road vehicle or a place any equipment reasonably necessary for the examination or processing of things found at, on or in the rolling stock, road vehicle or place in order to determine whether they are things that may be seized.
Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 4 Section 69 (grant of variation of accreditation subject to conditions or restrictions) A rail transport operator whose accreditation is varied subject to a condition or restriction 5 Section 69 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of accreditation 6 Section 71 (refusal to grant variation of a condition or restriction of accreditation) A rail transport operator whose application for variation of a condition or restriction is refused 7 Section 72 (variation or revocation of a condition or restriction, or imposition of a new condition or restriction) A rail transport operator whose conditions or restrictions of accreditation are changed 8 Section 73 (revocation or suspension of accreditation) A rail transport operator whose accreditation is revoked or suspended 9 Section 74 (immediate suspension) A rail transport operator whose accreditation is suspended 10 Section 74 (extension of immediate suspension) A rail transport operator whose accreditation is suspended 11 Section 75 (surrender of accreditation) An accredited person whose application for surrender of accreditation has been refused 12 Section 86 (refusal to register or imposing conditions or restrictions on registration) A rail infrastructure manager whose application for registration is refused or is subject to conditions or restrictions Annexure
Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 13 Section 86 (extending the period for determining an application) A rail infrastructure manager who has applied for registration 14 Section 88 (refusal to grant variation of registration or imposing a condition or restriction) A rail infrastructure manager whose application for variation of registration is refused 15 Section 88 (grant of variation of registration subject to conditions or restrictions) A rail infrastructure manager whose registration is varied subject to a condition or restriction 16 Section 88 (extending the period for determining an application for variation) A rail infrastructure manager who has applied for variation of registration 17 Section 90 (refusal to grant variation of a condition or restriction of registration) A rail infrastructure manager whose application for variation of a condition or restriction is refused 18 Section 91 (variation or revocation of a condition or restriction, or imposition of a new condition or restriction) A rail infrastructure manager whose conditions or restrictions of registration are changed 19 Section 92 (revocation or suspension of registration) A rail infrastructure manager whose registration is revoked or suspended 20 Section 93 (immediate suspension) A rail infrastructure manager whose registration is suspended 21 Section 93 (extension of immediate suspension) A rail infrastructure manager whose registration is suspended 22 Section 94 (surrender of registration) A registered person whose application for surrender of registration has been refused Annexure
Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 30 Section 198 (direction to take specified action following report) A rail transport operator given a direction to take specified action 31 Section 199 (decision to serve notice giving a direction) A person given a direction to stop, alter or not to commence works on or near a railway A rail transport operator given a direction to stop, alter or not to commence railway operations A person given a direction to alter, demolish or take away work 32 Section 205 (refusal to exempt or imposing conditions or restrictions on exemption) A rail transport operator whose application for exemption is refused or is subject to conditions or restrictions 33 Section 205 (extending the period for determining an application) A rail transport operator who has applied for an exemption 34 Section 209 (refusal to grant variation of exemption or imposing a condition or restriction) A rail transport operator whose application for variation of an exemption is refused 35 Section 209 (grant of variation of exemption subject to conditions or restrictions) A rail transport operator whose exemption is varied subject to a condition or restriction 36 Section 209 (extending the period for determining an application for variation) A rail transport operator who has applied for variation of an exemption Annexure
7 Section 102 (Review of safety management system) $2 000 8 Section 103 (Safety performance reports) $1 000 9 Section 111(1) (Register of interface agreements) $1 000 10 Section 111(2) (Register of interface agreements) $1 000 11 Section 117(6) (Assessment of competence) $2 000 12 Section 118(1) (Identification of rail safety workers) $2 000 13 Section 118(2) (Identification of rail safety workers) $500 14 Section 120(2) (Power of Regulator to obtain information from rail transport operators) $2 000 15 Section 120(3) (Power of Regulator to obtain information from rail transport operators) $2 000 16 Section 131 (Disclosure of train safety recordings) $2 000 17 Section 136(3) (Identity cards) $1 000 18 Section 149(2) (Securing a site) $2 000 19 Section 231(8) (Supervisory intervention order) $2 000 20 Section 254 (Compliance with rail safety undertaking) $2 000 234—Power to serve notice Annexure (1) The Regulator may serve an infringement notice on a person that the Regulator has reason to believe has breached an infringement penalty provision.
Division 4—Civil liability 246—Civil liability not affected by Part 3 Division 3 or Division 6 Nothing in Part 3 Division 3 or Part 3 Division 6 is to be construed— (a) as conferring a right of action in civil proceedings in respect of a contravention (whether by act or omission) of any provisions of those Divisions; or (b) as conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or (c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the national regulations. 247—Protection from personal liability for persons exercising functions (1) A person who is or was a protected person is not personally liable for anything done or omitted to be done in good faith— Annexure (a) in the exercise of a function under this Law; or (b) in the reasonable belief that the act or omission was the exercise of a function under this Law. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to ONRSR. (3) In this section— protected person means any of the following: (a) a member of ONRSR; (b) a member of a committee of ONRSR; (c) a member of the staff of ONRSR; (d) a rail safety officer;
(b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with. Part 3—Terms and references 12—Definitions (1) In this Law— Act means an Act of the Parliament of this jurisdiction; adult means an individual who is 18 or more; Annexure affidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise; amend includes— (a) omit or omit and substitute; or (b) alter or vary; or (c) amend by implication; appoint includes reappoint; Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory; business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done;
(b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned, to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer. Annexure (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day of the vacancy, whichever happens first. (7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer. (8) While the appointee is acting in the office— (a) the appointee has all the powers and functions of the holder of the office; and (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.