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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Rail Safety National Law (South Australia) (Miscellaneous
No 2) Amendment Bill 2016
A BILL FOR
An Act to amend the
Rail
Safety National Law (South Australia) Act 2012
.
Contents
Part 2—Amendment
of Rail Safety National Law (South Australia) Act 2012
4Amendment of section
4—Interpretation
5Amendment of section 33—Payments into
Fund
6Amendment of section 117—Assessment of
competence
7Amendment of section 149—Securing a site
or rolling stock
8Amendment of section 183—Contents of
non-disturbance notice
9Amendment of section 199—Power to require
works to stop
10Amendment of section 218—Period within
which proceedings for offences may be commenced
260APayment of
portion of fines to ONRSR
12Amendment of Schedule
2——Miscellaneous provisions relating to interpretation
15AProvisions
creating offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Rail Safety National Law (South Australia)
(Miscellaneous No 2) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision in
Part 2
amends the Rail Safety National Law set out in the Schedule to the
Rail
Safety National Law (South Australia) Act 2012
.
Part 2—Amendment
of Rail Safety National Law (South Australia)
Act 2012
4—Amendment
of section 4—Interpretation
Section 4(1), definitions of AQF and
AQTF—delete the definitions
5—Amendment
of section 33—Payments into Fund
Section 33—after paragraph (b) insert:
(ba) all infringement penalties paid to or recovered by ONRSR;
and
(bb) all portions of fines paid to ONRSR by order of a court under
section 260A; and
6—Amendment
of section 117—Assessment of competence
(1) Section 117(2)(a)(i)—delete "the provisions of the AQTF
and"
(2) Section 117—after subsection (6) insert:
(7) In this section, a reference to the AQF is a reference
to the Australian Qualifications Framework within the meaning of the
Higher
Education Support Act 2003
of the Commonwealth as in force from time to time, and includes a
reference to any national policy that may be made in substitution for the
Australian Qualifications Framework as in force from time to time.
7—Amendment
of section 149—Securing a site or rolling stock
(1) Section 149(1)—after "secure" insert:
rolling stock or
(2) Section 149(2)—delete subsection (2) and substitute:
(2) A person must
not, without the permission of an authorised officer—
(a) enter or remain near rolling stock that is secured under this section;
or
(b) enter or remain at a site the perimeter of which is secured under this
section.
Maximum penalty: $10 000.
(3) Section 149(3)—delete "site, or remains at the site" and
substitute:
rolling stock or site, or remains near or at the rolling stock or
site
(4) Section 149(3)(b)—after "from the" insert:
rolling stock or
8—Amendment
of section 183—Contents of non-disturbance notice
(1) Section 183(1)(b)—after "plant" insert:
or rolling stock
(2) Section 183(3)—delete "plant, substance, structure or thing" and
substitute:
rail infrastructure, rolling stock, substance or other thing
9—Amendment
of section 199—Power to require works to stop
(1) Section 199—after subsection (1) insert:
(1a) If a rail
infrastructure manager believes on reasonable grounds that proposed works of
which the manager has been notified under subsection (1) threaten, or are
likely to threaten—
(a) the safety of the manager's railway; or
(b) the operational integrity of the manager's railway,
the manager may, by written notice, give the person advice in connection
with the proposed work.
(2) Section 199(8)—delete "A" and substitute:
Subject to subsection (9), a
(3) Section 199—after subsection (8) insert:
(9) Subsection (8)(a) does not apply to a notice under
subsection (1a).
10—Amendment
of section 218—Period within which proceedings for offences may be
commenced
Section 218(2)—delete subsection (2) and substitute:
(2) Despite
anything to the contrary in an Act, proceedings for an offence against this Law
to which this section applies may be commenced within the latest of the
following periods to occur:
(a) the period of 2 years after commission of the alleged
offence;
(b) if evidence of an alleged offence comes to light as a result of an
inquiry by a prescribed authority—within 1 year after the report of
the inquiry is published;
(c) if a rail safety undertaking has been given in relation to the
offence—within 6 months after—
(i) the undertaking is contravened; or
(ii) it comes to the notice of the Regulator that the undertaking has been
contravened; or
(iii) the Regulator has agreed under section 256 to the withdrawal of
the undertaking.
After section 260 insert:
260A—Payment of portion of fines to
ONRSR
A court by which a person is convicted of an offence against this Law may
make an order directing that a portion (not exceeding one-half) of any fine
imposed as a penalty against the offender by the court be paid to
ONRSR.
12—Amendment
of Schedule 2——Miscellaneous provisions relating to
interpretation
Schedule 2, Part 3—after clause 15 insert:
15A—Provisions creating
offences
(1) In this Law, a
penalty set out at the foot of a provision indicates that contravention of the
provision (whether by act or omission) constitutes an offence punishable on
conviction by a penalty not exceeding the penalty so set out.
(2)
Subclause (1)
applies whether or not the provision expressly creates an
offence.