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TRANSPORT (RAIL SAFETY) ACT 2010 NO. 6
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
Division 2--Objects and application of Act
3. Objects
4. Ways this Act achieves its objects
5. Application of Act generally
6. Application of Act to circumstances to which Electrical Safety Act applies
7. Act binds all persons
Division 3--Interpretation
8. Definitions
9. Meaning of railway operations
10. Meaning of rail safety work
11. Corresponding laws
Division 4--Ensuring rail safety
12. Ensuring rail safety
Part 2--Relationship with Workplace Health and Safety Act
13. Purpose of pt 2
14. Application of this Act in circumstances to which Workplace Health and Safety Act applies
15. Safety directions and relationship with Workplace Health and Safety Act
16. Compliance with this Act is no defence for Workplace Health and Safety Act
Part 3--Rail safety duties
Division 1--Preliminary matters
17. Duty applying to more than 1 person
18. Person may owe rail safety duties in more than 1 capacity
19. Civil liability not affected by this part
Division 2--Rail transport operators and particular contractors
20. Explanation of div 2
21. Application of div 2
22. Meaning of prescribed railway operations
23. Concept of ensuring that rail safety is not affected by prescribed railway operations
24. Duty to ensure rail safety
25. When rail transport operator fails to discharge duty
26. When rail infrastructure manager fails to discharge duty
27. When rolling stock operator fails to discharge duty
28. Duty of rail transport operator extends to contractors
Division 3--Rail safety workers
Subdivision 1--Preliminary
29. Explanation of div 3
30. Definition for div 3
31. Particular provisions of Criminal Code do not apply
Subdivision 2--Duties
32. Duty to take reasonable care for particular rail safety work
33. Duty to comply with relevant operator's instructions
34. Duty to not interfere with or misuse things provided by relevant operator
35. Duty to not place safety of others at risk
Subdivision 3--Defences
36. Compliance with regulation etc.
37. Causes over which person has no control
Part 4--Other requirements relating to safety of railway operations
Division 1--Preliminary
38. Civil liability not affected by this part
Division 2--Accreditation requirement
Subdivision 1--Requirement to be accredited
39. Accreditation required for railway operations
Subdivision 2--Exemption for related body corporate
40. Accreditation not required for related body corporate
Subdivision 3--Exemption for private sidings
41. Accreditation not required for particular railway operations on or at private siding
Subdivision 4--Exemption for particular railway operations on application
42. Exemption may be granted
43. Application for exemption
44. What applicant must demonstrate and conditions that may be imposed
45. Considering application
46. Steps after application decided
47. Effect of exemption
48. Operator etc. must not contravene condition of exemption
49. Grounds for varying, suspending or revoking exemption
50. Procedure for varying, suspending or revoking exemption
51. Suspending exemption immediately
Subdivision 5--Provisions about particular private sidings
52. Application of sdiv 5
53. Definitions for sdiv 5
54. Connection or access between private siding and accredited railway
55. Particular private sidings required to be registered
56. Prescribed registration conditions
57. Compliance with registration conditions for private siding
58. Annual registration fees
59. Interface coordination for registered private siding
60. Chief executive may cancel registration of private siding
Subdivision 6--Exemption notices
61. Requirement to obtain exemption notice
Division 3--Requirements about safety management
Subdivision 1--Application
62. Application of div 3
Subdivision 2--Safety management system
63. Requirement to have and implement safety management system
64. General requirements for safety management system
65. Review of safety management system
66. Consultation requirement
67. Operator must not contravene safety management system
68. Contractor must not contravene safety management system
69. Chief executive may direct amendment of safety management system
Subdivision 3--Safety performance reports
70. Requirement to give safety performance report
Subdivision 4--Interface coordination
71. Meaning and scope of interface agreements
72. Rail transport operator's obligation relating to another rail transport operator's railway operations
73. Rail infrastructure manager's obligation relating to rail or road crossing for a public road
74. Rail infrastructure manager's obligation relating to rail or road crossing for a private road
75. Responsible road manager's obligation relating to rail or road crossing for a public road
76. Responsible road manager's obligation relating to rail or road crossing for a private road
77. Chief executive may give notice about failure to enter into interface agreement
78. Chief executive may give direction about arrangement that is to apply
79. Register of interface arrangements
80. Notifying other party about particular matters
Subdivision 5--Management plans
81. Requirement to have and implement security management plan
82. Requirement to have and implement emergency management plan
Subdivision 6--Management programs
83. Requirement to have and implement health and fitness management program
84. Requirement to have and implement alcohol and drug management program
85. Requirement to have and implement fatigue management program
Subdivision 7--Other requirements about safety management
86. Testing for presence of alcohol or drugs
87. Assessment of competence
88. Identification for rail safety workers
Division 4--Information giving requirements
89. Application of div 4
90. Chief executive may require particular information
91. Requirement to give prescribed information
Division 5--Investigating and reporting requirements
92. Application of div 5
93. Notification of particular occurrences
94. Investigation of particular occurrences
95. Report of investigation under s 94
Division 6--Keeping documents and making them available for inspection
96. Relevant documents must be kept and made available for inspection
Part 5--Accreditation
Division 1--Preliminary
97. Purpose of accreditation
98. Accreditation criteria
99. Accreditation may be granted
Division 2--Applying for accreditation
100. Application for accreditation
101. What applicant for accreditation must demonstrate
102. Coordination of applications between operators
103. Coordination of decisions between rail safety regulators
104. Considering application
105. Steps after application decided
Division 3--Conditions of accreditation
106. Prescribed accreditation conditions
107. Breach of accreditation condition
Division 4--Fees payable for accreditation
108. Annual accreditation fees
Division 5--Suspending, revoking or varying accreditation
Subdivision 1--Suspension, revocation or variation of conditions by chief executive
109. Grounds for suspending or revoking accreditation
110. Procedure for suspending or revoking accreditation
111. Suspending accreditation immediately
112. Varying conditions of accreditation
Subdivision 2--Variation of accreditation on application by accredited person
113. Application for variation of accreditation
114. Requirement to consult with affected rail transport operators
115. Coordination of decisions between rail safety regulators
116. Considering application for variation
117. Steps after application for variation decided
Subdivision 3--Variation of condition of accreditation on application by accredited person
118. Application for variation of conditions
119. Requirement to consult with affected rail transport operators
120. Coordination of decisions between rail safety regulators
121. Considering application for variation of condition
122. Steps after application for variation of condition decided
Division 6--Other provisions about accreditation
123. Consolidated accreditation notice
124. Surrender of accreditation
125. Accreditation can not be transferred to or vested in another person
126. Applications for accreditation if railway operations sold or transferred by accredited person
Part 6--Administration
Division 1--Functions and powers of chief executive
Subdivision 1--General functions and powers
127. Functions of chief executive
128. Information to be included in annual reports
129. Chief executive may exercise powers of rail safety officers
Subdivision 2--Auditing railway operations
130. Audit of railway operations of rail transport operators
Subdivision 3--Provisions about access disputes relating to rail safety
131. Definitions for sdiv 3
132. Chief executive may decide matters on request
133. Notice of dispute under agreement for access
134. Safety matter directions for disputes under agreement for access
135. Procedure for giving safety matter direction
136. Compliance with safety matter direction
Division 2--Rail safety officers
137. Appointment of persons as rail safety officers
138. Appointment conditions and limit on powers
139. Issue of identity card
140. Production or display of identity card
141. When rail safety officer ceases to hold office
142. Resignation
143. Return of identity card
Division 3--Reciprocal powers
144. Reciprocal powers of rail safety officers
Part 7--Enforcement
Division 1--Entry to places by rail safety officers
145. Power to enter places
146. Procedure for entry with consent
147. General procedure for other entries without warrant
148. Application for warrant
149. Issue of warrant
150. Application by electronic communication and duplicate warrant
151. Defect in relation to a warrant
152. Warrants—procedure before entry
Division 2--General enforcement powers
153. General powers after entering a place
154. Procedure before entering or opening rolling stock or road vehicle
155. Power to require reasonable help or information
156. Power to stop or move rolling stock or a road vehicle that may be entered or opened
157. Other powers about rolling stock or road vehicles that may be entered
158. Power to use electronic equipment at the place entered
159. Power to use equipment at the place entered to examine or process things
160. Power to secure a site
Division 3--Seizing evidence
Subdivision 1--Powers to seize evidence
161. Seizing evidence at a place entered without consent or warrant
162. Seizing evidence at a place entered with consent or warrant
Subdivision 2--Powers to support seizure
163. Securing seized things
164. Tampering with seized thing
165. Powers to support seizure
166. Rail safety officer may require thing's return
Subdivision 3--Other provisions about seizure
167. Receipt for seized things
168. Access to seized thing
169. Return of seized things
Division 4--Embargo notices for things that can not be seized
170. Application of div 4
171. Rail safety officer may issue embargo notice
172. Contravening embargo notice
Division 5--Forfeiture
173. Forfeiture by rail safety officer
174. Forfeiture on conviction
175. Dealing with forfeited sample or thing
Division 6--Other powers
176. Power to require name and address
177. Failure to give name or address
178. Power to require production of documents
179. Failure to produce document
180. Use of particular evidence in proceedings
181. Power to require information about contravention
182. Failure to give information about contravention
Division 7--Investigation of notifiable and other occurrences
Subdivision 1--Investigation and report
183. Chief executive may require investigation by rail safety officer
184. Report of investigation
Subdivision 2--Powers of rail safety officer conducting investigation
185. Application of sdiv 2
186. Definition for sdiv 2
187. Power to require help
188. Power to require answers to questions or production of document or other thing
189. Power to require alcohol or drug test or examination
190. Requirement to give warning when making requirement of individual
191. Failure to comply with requirement
192. Use of particular evidence in proceedings
Division 8--Improvement notices
193. Rail safety officer may give improvement notice
194. What improvement notice may require
195. What improvement notice must state
196. Compliance with improvement notice
197. Amendment of improvement notice
198. Proceedings for offences not affected by improvement notice
199. Chief executive may arrange for rail safety work not carried out
Division 9--Prohibition notices
200. Rail safety officer may give prohibition notice
201. What prohibition notice may require
202. What prohibition notice must state
203. Compliance with prohibition notice
204. Oral direction before prohibition notice given
205. Amendment of prohibition notice
206. Proceedings for offences not affected by prohibition notice
Division 10--Damage to property in exercising powers under this part
207. Notice of damage
208. Compensation
Division 11--Miscellaneous
209. Only reasonable force may be used
210. Only police officers may use force against a person
Part 8--Boards of inquiry
Division 1--General
211. Minister may establish or re-establish board of inquiry
212. Role of board of inquiry
213. Conditions of appointment of members
214. Chief executive to arrange for services of staff and financial matters for board of inquiry
215. Rail safety officer may exercise powers for inquiry
Division 2--Conduct of inquiry
216. Procedure
217. Notice of inquiry
218. Inquiry to be held in public other than in special circumstances
219. Protection of members, legal representatives and witnesses
220. Record of proceedings to be kept
221. Procedural fairness and representation
222. Board of inquiry's powers on inquiry
223. Notice to witness
224. Inspection of documents or things
225. Inquiry may continue despite court proceedings unless otherwise ordered
226. Offences by witnesses
227. Self-incrimination
228. Contempt of board of inquiry
229. Change of membership
Part 9--Provisions about particular investigations or inquiries
Division 1--Interpretation
230. Definitions for pt 9
231. Meaning of relevant person
Division 2--Protection of particular information
Subdivision 1--Limitations on disclosure etc. of restricted information
232. Prohibition on recording or disclosure of restricted information by relevant persons
233. Prohibition on recording or disclosure of restricted information by other persons
234. Exceptions to prohibitions on recording or disclosure of restricted information
235. Court can not require disclosure of restricted information
236. Court may direct no publication or communication of restricted information
Subdivision 2--Particular disclosure etc. of restricted information authorised
237. Release of restricted information for ensuring rail safety
238. Authorisation of coroner to have access to restricted information
239. Chief executive may authorise persons to have access to restricted information
Division 3--Provisions about relevant persons
240. Certification by chief executive of relevant person's involvement in investigation or inquiry
241. Relevant persons not compellable as witnesses
Part 10--Other offences and provisions about liability for offences
Division 1--Offence about discrimination or victimisation
242. Discrimination against or victimisation of employees
243. Order for damages or reinstatement
Division 2--Offences about false or misleading information
244. False or misleading statements
245. False or misleading documents
Division 3--Other offences
246. Obstruction of officials
247. Concealing document or other thing
248. Impersonating a rail safety officer
249. Interfering with equipment, rail infrastructure or rolling stock
250. Using brake or emergency device
251. Stopping a train or tram
252. Notification requirement for prescribed persons
Division 4--Provisions about liability for offences
253. Multiple offences
254. Responsibility for acts or omissions of representative
255. Executive officers must ensure corporation complies with Act
256. Daily penalty for continuing offences
257. Compliance with conditions of accreditation
258. Compliance with compliance code
Part 11--Internal and external review
259. Internal review of decisions
260. External review of decisions
Part 12--Legal proceedings
Division 1--Application
261. Application of pt 12
Division 2--Evidence
262. Evidence from records required to be kept under Act
263. Evidence about reciprocal powers agreement
264. Evidence of other matters
265. Proof of appointment and authority unnecessary
266. Proof of signature unnecessary
Division 3--Proceedings
267. Proceedings for offences
Part 13--General
Division 1--Confidentiality
268. Giving information to WHS chief executive
269. Confidentiality
Division 2--Protection from liability
270. Particular persons acting under this Act
271. Particular persons acting under prescribed corresponding law
272. Persons helping in accidents or emergencies
273. Registered health practitioners advising on fitness of rail safety worker
Division 3--Compliance codes
274. Making compliance codes
275. Civil liability not affected by compliance code
276. Use of compliance code in proceedings
Division 4--Rail safety undertakings
277. Meaning of rail safety undertaking
278. Chief executive may accept undertakings
279. Enforcement of undertakings
Division 5--Miscellaneous
280. Records to be kept by chief executive
281. Recovery of amounts payable under Act
282. Contracting out prohibited
283. Approval of forms
284. Regulation-making power
285. Temporary regulation-making power
Part 14--Transitional provisions
Division 1--Definitions
286. Definitions for pt 14
Division 2--Accreditation
287. Approved safety management system
288. Changes to approved safety management system
289. Application of Act to transitioned approved safety management system
290. Continuing effect of existing accreditations
291. Existing applications for accreditation
292. Unpaid annual levy
293. Existing applications for amendment of conditions of accreditation
294. Notices about financial capacity or public risk insurance arrangements
295. Requirement to notify cancellations etc. of particular agreements
296. Decisions about matters relating to access to rail transport infrastructure
297. Existing guidelines about matters relating to access to rail transport infrastructure
298. Dealing with disputes about access to rail transport infrastructure if no safety direction given
299. Continuing effect of safety directions
300. Existing audit program
301. Existing inspections under audit program
302. Disciplinary action against accredited persons
303. Requirement about remedying breach of accreditation condition
Division 3--Administration, compliance and enforcement
304. Rail safety officers
305. Existing warrants
306. Sample or thing taken for analysis
307. Dealing with seized property
308. Requirements about moving things
309. Request for report or incident details
310. Existing investigations about particular incidents
311. Uncommenced investigations about particular incidents
312. Existing inquiries about particular incidents
313. Uncommenced inquiries about particular incidents
Division 4--Restricted information
314. Restricted information
315. Certificates of relevant person's involvement in investigation
Division 5--Internal and external reviews
Subdivision 1--Internal and external reviews relating to access to rail transport infrastructure
316. Internal reviews about decisions relating to access to rail transport infrastructure
317. External reviews about decisions relating to access to rail transport infrastructure
Subdivision 2--Other internal and external reviews
318. Internal reviews about particular decisions
319. Effect of internal review decision generally
320. External reviews about particular decisions
321. Effect of external review decision generally
322. Further effect of internal or external review decision about approved safety management systems
323. Further effect of internal or external review decision about amendment of accreditation
324. Further effect of internal or external review decision about imposition of conditions on accreditation
325. Further effect of internal or external review decision about direction to amend safety management system
326. Further effect of internal or external review decision about amendment, suspension or cancellation of accreditation
Division 6--Other transitional provision
327. Transitional regulation-making power
Part 15--Amendment of this Act
328. Act amended
329. Amendment of long title
Part 16--Amendment of Transport Infrastructure Act 1994
330. Act amended
331. Amendment of s 2 (Objectives of this Act)
332. Amendment of s 106 (Ways of achieving objectives)
333. Amendment of s 107 (Scope of chapter)
334. Omission of ch 7, pt 3 (Accreditation)
335. Amendment of s 169 (Closing railway crossings)
336. Omission of ch 7, pts 5 and 6
337. Amendment of s 243 (Status of railway land)
338. Amendment of s 255 (Interfering with railway)
339. Amendment of s 257 (Trespassing on railway)
340. Omission of s 261 (Non-accredited railways)
341. Omission of ss 263 and 264
342. Amendment of s 347 (Ways of achieving light rail objectives)
343. Amendment of s 348 (Functions)
344. Amendment of s 358 (Permitted construction by local government of roads over or under light rail land)
345. Omission of ch 10, pts 5 and 6
346. Amendment of s 481 (No need to prove appointments)
347. Amendment of s 487 (Altering watercourse to adversely affect transport route)
348. Amendment of s 488 (Altering materials etc.)
349. Amendment of s 489 (Recovery of cost of damage)
350. Amendment of sch 1 (Subject matter for regulations)
351. Amendment of sch 3 (Reviews and appeals)
352. Amendment of sch 6 (Dictionary)
Part 17--Amendment of Workplace Health and Safety Act 1995
353. Act amended
354. Amendment of s 3 (Application of Act)
355. Insertion of new s 3C
356. Insertion of new s 185E
Part 18--Amendment of other Acts
357. Acts amended in sch 1
SCHEDULE 1 -- AMENDMENT OF PARTICULAR ACTS
SCHEDULE 2 -- INTERNAL AND EXTERNAL REVIEWS
SCHEDULE 3 -- DICTIONARY
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