S. 3(1) def. of law substituted by No. 23/2013 s. 5(1)(c). corresponding law means— (a) the Rail Safety National Law Application Act 2013; or (b) the Rail Safety National Law (Victoria); or (c) a law of another State or a Territory of the Commonwealth declared under section 9 to be a corresponding law; S. 3(1) def. of Country Fire Authority repealed by No. 23/2013 s. 5(1)(a). * * * * * s. 3 S. 3(1) def. of Department amended by No. 23/2013 s. 5(1)(d). Department means the Department of Transport; S. 3(1) def. of dispute resolution decision amended by No. 6/2010 s. 203(1) (Sch. 6 item 40.1(c)) (as amended by No. 45/2010 s. 22). dispute resolution decision has the same meaning as in section 38A of the Rail Management Act 1996; S. 3(1) def. of drug substituted by No. 23/2013 s. 5(1)(e). drug means— (a) a drug within the meaning of the Rail Safety National Law (Victoria); or (b) any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
emergency plan—see section 52; S. 3(1) def. of emergency service substituted by No. 23/2013 s. 5(1)(f). emergency service means an emergency services agency within the meaning of the Emergency Management Act 1986; S. 3(1) def. of employee inserted by No. 23/2013 s. 5(1)(b). employee includes a person employed under a contract of training; Energy Safe Victoria means Energy Safe Victoria established under section 4 of the Energy Safe Victoria Act 2005; S. 3(1) def. of footpath inserted by No. 69/2007 s. 54(1)(a). footpath has the same meaning as in the Road Rules; s. 3 hazard means a source of potential harm; health and safety representative has the same meaning as in the Occupational and Health and Safety Act 2004; S. 3(1) def. of interface coordination plan substituted by No. 47/2006 s. 40, repealed by No. 69/2007 s. 54(1)(b). * * * * * S. 3(1) def. of level crossing inserted by No. 69/2007 s. 54(1)(a). level crossing means— (a) an area where a public roadway or a relevant roadway and railway (other than a tramway or light railway) cross at substantially the same level, whether or not there is a level crossing sign on the roadway at all or any of the entrances to the area; or
S. 3(1) def. of public pathway inserted by No. 69/2007 s. 54(1)(a), substituted by No. 23/2013 s. 5(1)(h). public pathway has the same meaning as pathway has in the Road Management Act 2004; S. 3(1) def. of public road inserted by No. 69/2007 s. 54(1)(a). public road has the same meaning as in the Road Management Act 2004; S. 3(1) def. of public roadway inserted by No. 69/2007 s. 54(1)(a). public roadway means an area within the meaning of paragraph (a) of the definition of roadway within the meaning of section 3(1) of the Road Management Act 2004; S. 3(1) def. of public transport safety matter substituted by No. 6/2010 s. 203(1) (Sch. 6 item 40.1(d)) (as amended by No. 45/2010 s. 22). public transport safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2010; rail contractor means a person who— (a) whether or not under an agreement with a rail infrastructure manager or rolling stock operator designs, commissions, constructs, manufactures, supplies, installs, erects, maintains, repairs, modifies or decommissions any thing that may be used as rail infrastructure or rolling stock; or s. 3 (b) is engaged directly or indirectly by a rail infrastructure manager or rolling stock operator to supply rail
S. 3(1) def. of relevant roadway inserted by No. 69/2007 s. 54(1)(a). relevant roadway means an area that is developed for, or has as one of its main uses, the driving or riding of motor vehicles, whether or not that area is— (a) open to or used by the public; or (b) a public highway— but does not include a public roadway; s. 3 residential premises means premises, or a part of premises, that is used for predominantly residential purposes; S. 3(1) def. of road authority inserted by No. 23/2013 s. 5(1)(b). road authority has the same meaning as in section 3(1) of the Road Management Act 2004; S. 3(1) def. of road infrastructure inserted by No. 69/2007 s. 54(1)(a). road infrastructure has the same meaning as in the Road Management Act 2004; S. 3(1) def. of Road Rules inserted by No. 69/2007 s. 54(1)(a), substituted by No. 23/2013 s. 5(1)(l). Road Rules means the Road Safety Road Rules 2009; S. 3(1) def. of rolling stock amended by No. 23/2013 s. 5(1)(m). rolling stock means a vehicle that operates on or uses a railway, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, self propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle but does not include a vehicle designed to operate both on and off a railway when the vehicle is not operating on a railway;
5 Meaning of control A person controls rail infrastructure if the person— (a) owns the rail infrastructure and uses that infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (b) is entitled, under a right conferred by an Act or an agreement, to use rail infrastructure to— (i) operate rolling stock on a railway forming part of that infrastructure; or (ii) allow another person to operate rolling stock on a railway forming part of that infrastructure; or (c) is required under a binding access arrangement or dispute resolution decision to allow another person to operate rolling stock on a railway forming part of rail infrastructure that the person— (i) owns; or (ii) uses under a right conferred by an Act or an agreement. S. 6 amended by No. 23/2013 s. 8(4) (ILA s. 39B(1)). 6 Railways to which this Act does not apply s. 5 (1) This Act does not apply to— (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or
(2) The Safety Director may give a temporary accreditation for a period of less than 12 months. 48 Offence to fail to comply with conditions etc. S. 48(1) amended by No. 23/2013 s. 66. (1) An accredited rail transport operator must comply with any condition or restriction imposed on the accreditation that the operator has been given notice of. Penalty: In the case of a natural person, $150 000; In the case of a body corporate, $1 500 000. S. 48(2) amended by No. 23/2013 s. 66(1). (2) An accredited rail transport operator must comply with the condition of accreditation set out in section 46(5). 2000 penalty units. S. 48(3) amended by No. 23/2013 s. 66(1). (3) In any proceedings for an offence under subsection (2) against an accredited rail transport operator, the fact that a rail safety worker has been found guilty of an offence against section 76(1)(a) or (b) while carrying out rail safety work for that operator is admissible in evidence. (4) An offence against subsection (1) is an indictable offence. Note to s. 48(4) amended by No. 68/2009 s. 97(Sch. item 101.10). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). Division 3—Risk management requirements for accreditation S. 49 repealed by No. 23/2013 s. 67. * * * * *
(d) be provided to the emergency services and any other person who is prescribed; and (e) be tested in accordance with the regulations. Division 4—Variation and surrender of accreditation S. 53 (Heading) amended by No. 23/2013 s. 71(1). 53 Accredited rail transport operator may apply for variation or revocation of conditions and restrictions s. 53 S. 53(1) amended by No. 23/2013 s. 71(2). (1) An accredited rail transport operator may apply to the Safety Director to— (a) vary a condition or restriction of an accreditation; or (b) revoke a condition or restriction of an accreditation. (2) An application must— (a) be in writing; and (b) set out the reasons for the variation or revocation of the condition or restriction. (3) The Safety Director must consider an application he or she receives under this section. (4) The Safety Director may, as the case requires— (a) grant or refuse to grant the variation; or (b) agree or refuse to agree to the revocation. (5) If the Safety Director refuses to grant a variation or refuses to agree to a revocation, the Safety Director must— S. 53(5)(a) amended by No. 23/2013 s. 71(2). (a) notify the accredited rail transport operator— (i) of that refusal; and
S. 54(2) amended by No. 23/2013 s. 72. (2) An accredited rail transport operator must not make any change to, or to the manner of carrying out, accredited railway operations if— S. 54(2)(a) amended by No. 23/2013 s. 72(a). (a) the change requires the accredited rail transport operator to apply for variation to the conditions or restrictions of the accreditation to which the accredited rail transport operator is subject; and (b) the variation has not been granted. In the case of a natural person, 1000 penalty units or imprisonment for 12 months or both; In the case of a body corporate, 2500 penalty units. S. 54(3) substituted by No. 69/2007 s. 62(2). (3) An application under this section must— (a) be in writing; and (b) describe— S. 54(3)(b)(i) amended by No. 23/2013 s. 72(b). (i) the nature, character and scope of the change in railway operations; or S. 54(3)(b)(ii) amended by No. 23/2013 s. 72(a). (ii) how those operations are not, or may not be, within the competence and capacity for which the accredited rail transport operator is accredited; and (c) contain the prescribed information (if any). S. 54(3A) inserted by No. 69/2007 s. 62(3), amended by No. 23/2013 s. 72(a). s. 54 (3A) The Safety Director may require an accredited rail transport operator who has applied for a variation— (a) to supply further information requested by the Safety Director; (b) to verify by statutory declaration any information supplied to the Safety Director.
S. 55(2)(a) amended by No. 23/2013 s. 75(4). (a) give the accredited rail transport operator written notice of the action that the Safety Director proposes to take; and S. 55(2)(b) amended by No. 23/2013 s. 75(4). (b) allow the accredited rail transport operator to make written representations about the intended action within 10 business days (or any other period that the Safety Director and the accredited rail transport operator agree upon). (3) Subsection (2) does not apply if the Safety Director considers it necessary to take immediate action in the interests of public safety. S. 55(3A) inserted by No. 13/2009 s. 85, amended by No. 23/2013 s. 75(4). (3A) If the Safety Director takes immediate action under subsection (3), the Safety Director must notify the accredited rail transport operator within 48 hours of making the decision. (4) The Safety Director must— S. 55(4)(a) amended by No. 23/2013 s. 75(4). (a) give the accredited rail transport operator— (i) details of any action taken under subsection (1); and S. 55(4)(a)(ii) amended by No. 23/2013 s. 75(3). (ii) details of any change to the conditions of or restrictions on the accreditation that occur as a result of any amendment to the regulations; and (iii) a statement of reasons for any action taken under subsection (1); and S. 55(4)(b) amended by No. 23/2013 s. 75(4). (b) notify the accredited rail transport operator that the operator has a right to seek review of the Safety Director's decision under Part 7. (5) The Safety Director must give the details, the statement of reasons and notice under subsection (4) in writing. 56 Surrender of accreditation s. 56
S. 67 (Heading) amended by No. 23/2013 s. 84(1). 67 Accredited rail transport operator must investigate railway accidents and incidents s. 67 S. 67(1) amended by No. 23/2013 s. 84(2). (1) An accredited rail transport operator must investigate and prepare a report into any railway accident or incident that may affect accredited railway operations the operator carries out. (2) A report under subsection (1) must be prepared in accordance with the regulations. S. 68 (Heading) amended by No. 23/2013 s. 85(1). 68 Accredited rail transport operator must put into effect emergency plan without delay S. 68(1) amended by No. 23/2013 s. 85(2)(3). (1) An accredited rail transport operator who has prepared an emergency plan must put the emergency plan into effect without delay if— (a) a major incident occurs; or (b) an incident occurs which could reasonably be expected to lead to a major incident. Penalty: In the case of a natural person, $50 000; In the case of a body corporate, $500 000. (2) An offence against subsection (1) is an indictable offence. Note to s. 68(2) amended by No. 68/2009 s. 97(Sch. item 101.11). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 69 (Heading) amended by No. 23/2013 s. 86(1). 69 Accredited rail transport operator must notify emergency services and others of a major incident s. 69
S. 69(1) amended by No. 23/2013 s. 86(2)(3). (1) An accredited rail transport operator must, immediately after becoming aware of the occurrence of a major incident, notify— S. 69(1)(a) amended by No. 23/2013 s. 86(2). (a) the emergency services with whom the accredited rail transport operator prepared the emergency plan in conjunction with; and (b) the Safety Director; and (c) the Chief Investigator— of the occurrence of the major incident. Penalty: In the case of a natural person, $20 000; In the case of a body corporate, $100 000. (2) An offence against subsection (1) is an indictable offence. Note to s. 69(2) amended by No. 68/2009 s. 97(Sch. item 101.12). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 69A (Heading) amended by No. 23/2013 s. 87(1). S. 69A inserted by No. 69/2007 s. 65. 69A Accredited rail transport operators to provide information s. 69A S. 69A(1) amended by No. 23/2013 s. 87(2). (1) The Safety Director may, by notice in writing given to an accredited rail transport operator, require the accredited rail transport operator to provide to the Safety Director on or before a specified date and in a manner and form approved
Pt 5 Div. 7 (Heading and ss 69B–69R) inserted by No. 23/2013 s. 88. Division 7—Registration of rail transport operators of private sidings S. 69B inserted by No. 23/2013 s. 88. 69B Exemption from accreditation in respect of certain private sidings A rail transport operator of a private siding is not required to be accredited under this Part in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding. S. 69C inserted by No. 23/2013 s. 88. 69C Requirement for operators of certain private sidings to be registered (1) A rail transport operator of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited rail transport operator or another private siding, must be registered in respect of the private siding in accordance with this Division. Penalty: In the case of a natural person, $20 000; In the case of a body corporate, $100 000. (2) A rail transport operator of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited rail transport operator or another private siding must— (a) comply with the requirements of Division 2 of Part 4 so far as they are relevant to the railway operations carried out in the private siding; and (b) seek to enter into a safety interface agreement with the accredited rail transport
Pt 6 (Heading and ss 70–86) amended by Nos 77/2008 s. 129(Sch. 2 item 23.2), 68/2009 s. 97(Sch. items 6/2010 s. 203(1) (Sch. 6 item 40.4) (as amended by No. 45/2010 s. 22), substituted as Pt 6 (Heading and ss 70–86L) by No. 23/2013 s. 89. Division 1—Preliminary matters S. 70 substituted by No. 23/2013 s. 89. 70 Definitions s. 70 In this Part— assessment of drug impairment means an assessment under sections 86B and 86C; breath analysing instrument means a breath analysing instrument within the meaning of the Road Safety Act 1986; breath analysis means an analysis of breath by a breath analysing instrument; drug screening test means a test by means of a device prescribed for the purpose of conducting drug screening tests; oral fluid analysis means an analysis of oral fluid by means of a device prescribed for the purpose of conducting oral fluid analyses;
(b) undergoes an assessment of drug impairment when required under sections 86B and 86C to do so and the assessment, in the opinion of the transport safety officer or police officer carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs. (2) A transport safety officer or police officer may require the rail safety worker to do either or both of the following— (a) allow a registered medical practitioner or an approved health professional nominated by the transport safety officer or police officer to take from the rail safety worker a sample of that rail safety worker's blood for analysis; s. 86D (b) furnish to a registered medical practitioner or an approved health professional nominated by the transport safety officer or police officer a sample of that rail safety worker's oral fluid for analysis— and for that purpose may further require the rail safety worker to accompany the transport safety officer or police officer to a place where the sample is to be taken or furnished and to remain there until the sample has been taken or furnished or until 3 hours after the carrying out of the rail safety work, whichever is sooner. (3) A transport safety officer or police officer must not require a rail safety worker to allow a sample of his or her blood to be taken for analysis under subsection (2)(a) if that rail safety worker has already had a sample of blood taken from him or her under section 86E after carrying out rail safety work. (4) The registered medical practitioner or approved health professional who takes a sample of blood or is furnished with a sample of oral fluid under
1 Division 2 of Part 5 (refusal to accredit) A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out. 2 Section 42(2) (issue of written notice) A rolling stock operator or rail infrastructure manager to whom a written notice has been issued. 3 Section 42(4) (direction) A person given a direction under section 42. Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 4 Section 43 (direction to coordinate accreditation applications) A person given a direction under section 43. 5 Section 44 (failure to accredit within the period of time specified in the section or the extended period) A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out. 6 Section 46 (decision to impose conditions or restrictions of accreditation) An accredited rail transport operator whose interests are affected by the decision. 7 Section 46B (decision to grant a fee exemption to a tourist and heritage railway operator) A tourist and heritage railway operator whose interests are affected by the decision.
8 Section 53 (refusal to grant variation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 9 Section 53 (refusal to agree to revocation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 10 Section 54 (refusal to grant variation of accreditation) A rail transport operator whose interests are affected by the decision. s. 87 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 11 Section 55 (variation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 12 Section 55 (revocation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 13 Section 55 (imposition of new condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 14 Section 56 (refusal to consent to surrender of accreditation) A rail transport operator whose interests are affected by the decision.
15 Section 58 (immediate suspension of accreditation) A rail transport operator whose interests are affected by the decision. 16 Section 59(3) (decision as to any one or more of the things listed in section 59(3)—for example, suspend or immediately cancel an accreditation or disqualify a person from holding an accreditation) (1) A rail transport operator whose interests are affected by the decision. (2) A person who was previously a rail transport operator whose interests are affected by the decision. s. 87 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 17 Section 61D (refusal to grant exemption, decision to grant exemption subject to conditions or restrictions, or decision to extend relevant period of an application for exemption) A rail transport operator who carries out railway operations whose interests are affected by the decision. 18 Section 61F (refusal to grant variation of conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision. 19 Section 61I (decision to vary conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision.
disallowable instrument means— (a) an Order under section 4; (b) a notice under section 79(7); (c) an approved code of practice. (2) On or before the 6th sitting day after a disallowable instrument is published in the Government Gazette, the Minister must ensure that a copy of that instrument is laid before each House of the Parliament. (3) A failure to comply with subsection (2) does not affect the operation or effect of the disallowable instrument but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament. (4) A disallowable instrument may be disallowed in whole or in part by either House of Parliament. (5) Part 5 of the Subordinate Legislation Act 1994 applies a disallowable instrument as if— (a) a reference in that Part to a "statutory rule" were a reference to a disallowable instrument; and (b) a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1). (6) A reference to a disallowable instrument in this section includes a reference to any amendment to, or revision of the whole or any part of, a disallowable instrument. S. 104A inserted by No. 49/2011 s. 23. 104A Reciprocal powers of rail safety officers s. 104A (1) This section has effect in relation to another jurisdiction while there is in force a corresponding
corresponding rail safety law means— (a) the law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction that is declared under the regulations to be a corresponding rail safety law; S. 104A(7) def. of rail safety officer amended by No. 23/2013 s. 96(b). rail safety officer, of another jurisdiction, means an officer appointed under a law of that jurisdiction with functions corresponding to those of a transport safety officer in relation to rail safety; S. 104A(7) def. of this jurisdiction inserted by No. 23/2013 s. 96(a). this jurisdiction means Victoria. Division 5—Regulations 105 Accreditation s. 105 The Governor in Council may make regulations for or with respect to— (a) exempting any person or class of persons from the requirement to be accredited; S. 105(b) amended by No. 47/2006 s. 45(1). (b) accreditation fees, including annual accreditation fees and additional fees for the late payment of annual accreditation fees; S. 105(c) amended by No. 23/2013 s. 97. (c) investigations carried out by accredited rail transport operators under section 67. 106 Safety duties and risk management requirements and minimisation
1.7.10: s. 2(7) : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Coroners Act 2008, No. 77/2008 Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 23) on 1.11.09: s. 2 : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Bus Safety Act 2009, No. 13/2009 Assent Date: 7.4.09 Commencement Date: S. 85 on 31.12.10: s. 2(3) : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Transport Legislation General Amendments Act 2009, No. 26/2009 Assent Date: 17.6.09 Commencement Date: S. 11 on 31.7.09: Special Gazette (No. 259) 28.7.09 p. 1 : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 101) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 42) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act 2006 Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009 Assent Date: 1.12.09 Commencement Date: S. 19 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Rail Safety (Local Operations) Act