Tasmanian Numbered Acts Tasmanian Numbered Acts
- Act 64 of 2009
- Royal Assent 30 November 2009
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Interpretation
5. Railways to which this Act does not apply
6. What "ensuring safety" means
7. What "rail safety work" means
8. Act binds Crown
9. Examples
10. Notes
PART 2 - Rail Safety Duties
11. Safety duties of rail transport operators
12. Duties of rail transport operators extend to contractors
13. Duties of designers, manufacturers, suppliers, &c.
PART 3 - Accreditation Division 1 - Application for accreditation
14. Purpose of accreditation
15. Accreditation required for railway operations
16. Accreditation not required for private sidings, but private sidings
may be registered
17. Purpose for which accreditation may be granted
18. Application for accreditation
19. What applicant for accreditation must demonstrate
20. Rail Safety Regulator may direct applicants to coordinate and
cooperate in applications
21. Coordination between Rail Safety Regulators
22. Determination of application
23. Prescribed conditions and restrictions
24. Offence of breach of condition or restriction
Division 2 - Fees
25. Minister to determine fees
26. Payment of annual accreditation and registration fees
27. Late payment fees
28. Waiver of fees
Division 3 - Variation and ending of accreditation
29. Surrender of accreditation
30. Revocation or suspension of accreditation
31. Immediate suspension of accreditation
32. Keeping and making available documents for public inspection
33. Application for variation of accreditation
34. Where application relates to cooperative railway operations or
operations in another jurisdiction
35. Determination of application for variation
36. Prescribed conditions and restrictions
37. Variation of conditions and restrictions
38. Rail Safety Regulator may make changes to conditions or restrictions
39. Accreditation cannot be transferred or assigned
40. Sale or transfer of railway operations by accredited person
PART 4 - Safety Management Division 1 - Safety management systems
41. Safety management system
42. Rail transport operator to implement and comply with safety
management system
43. Contractors to comply with safety management system
44. Review of safety management system
45. Rail Safety Regulator may direct amendment of a safety management
system
46. Safety performance reports
Division 2 - Interface coordination
47. Interface coordination – rail transport operators
48. Interface coordination – rail infrastructure
manager – public roads
49. Interface coordination – rail infrastructure
manager – roads other than public roads
50. Interface coordination – road manager – public
roads and other roads
51. Identification and assessment of risks
52. Interface agreements
53. Rail Safety Regulator may give directions
54. Register of interface agreements
PART 5 - Plans, Programs and Duties of Rail Safety Workers Division
1 - Plans and programs
55. Security management plan
56. Emergency management plan
57. Health and fitness management program
58. Alcohol and drug management program
59. Fatigue management program
Division 2 - Rail safety workers
60. Competence of rail safety workers to be assessed
61. Rail safety workers to have identification
62. Duties of rail safety workers
PART 6 - Drug and Alcohol Use and Testing
63. Use of alcohol and drugs by rail safety workers
64. Testing for drugs and alcohol
PART 7 - Information, Investigation by Rail Transport Operators and
Audit
65. Rail transport operators to provide information
66. Notification of certain occurrences
67. Rail transport operators may be required to investigate notifiable
occurrences
68. Audit by Rail Safety Regulator of railway operations
PART 8 - Investigations
69. Appointment of investigator
70. Conduct of investigation
71. Powers of investigator
72. Report of findings of investigator
73. Rights and obligations of persons in relation to investigations
PART 9 - Enforcement Division 1 - Entry to places by rail safety
officers
74. Power to enter places
75. Limitation on entry powers – places used for residential
purposes
76. Notice of entry
Division 2 - General enforcement powers
77. General powers after entering a place
78. Use of assistants and equipment
79. Use of electronic equipment
80. Use of equipment to examine or process things
81. Securing a site
Division 3 - Search warrants
82. Search warrants
83. Warrants by telephone or other electronic means
84. Notice to be given of entry under warrant
85. Seizure of things not mentioned in warrant
Division 4 - Powers to support seizure
86. Directions relating to seizure
87. Rail safety officer may direct a thing's return
88. Receipt for seized things
89. Access to seized thing
90. Embargo notices
Division 5 - Forfeiture
91. Return of seized things
92. Forfeiture
93. Dealing with forfeited sample or thing
Division 6 - Directions
94. Directions to certain persons to give assistance
95. Directions to give name and address
96. Direction to produce documents
Division 7 - Improvement notices
97. Improvement notices
98. Contravention of improvement notice
99. Withdrawal or amendment of improvement notices
100. Proceedings for offences not affected by improvement notices
101. Rail Safety Regulator to arrange for rail safety work required by
improvement notice to be carried out
Division 8 - Prohibition notices
102. Prohibition notice
103. Contravention of prohibition notice
104. Oral direction before prohibition notice served
105. Withdrawal or amendment of prohibition notice
106. Proceedings for offences not affected by prohibition notices
Division 9 - Miscellaneous
107. Directions may be given under more than one provision
108. Temporary closing of railway crossings, bridges, &c.
109. Restoring rail infrastructure and rolling stock, &c. to original
condition after action taken
110. Use of force
111. Power to use force against persons to be exercised only by police
officers
112. Protection from incrimination
PART 10 - Review of Decisions
113. Reviewable decisions
114. Review by Rail Safety Regulator
115. Review by Magistrates Court (Administrative Appeals Division)
PART 11 - General Liability and Evidentiary Provisions Division 1 -
General
116. Period within which proceedings for offences may be commenced
117. Authority to take proceedings
118. Vicarious responsibility
119. Records and evidence from records
120. Certificate evidence
121. Proof of appointments and signatures unnecessary
122. Multiple offences
123. Offences by bodies corporate, partnerships, associations and employees
Division 2 - Discrimination against employees
124. Dismissal or other victimisation of employee
125. Defendant bears onus of proof
126. Order for damages or reinstatement
Division 3 - False or misleading information
127. False or misleading information provided to Rail Safety Regulator or
officials
Division 4 - Other offences
128. Obstructing or hindering rail safety officers
129. Impersonation of rail safety officer
130. Interference with train, tram, &c.
131. Applying brake or emergency device
132. Stopping train or tram
Division 5 - Infringement notices
133. Infringement notices
Division 6 - Enforceable voluntary undertakings
134. Rail Safety Regulator may accept undertakings
135. Enforcement of undertakings
Division 7 - Court-based sanctions
136. Daily penalty for continuing offences
137. Commercial benefits order
138. Supervisory intervention order
139. Contravention of supervisory intervention order
140. Exclusion orders
141. Contravention of exclusion order
PART 12 - Occupational Health and Safety Legislation
142. Act adds to protection provided by OHS legislation
143. OHS legislation prevails
144. Compliance with this Act is no defence to prosecution under OHS
legislation
145. Evidence of contravention under this Act is admissible in OHS
legislation proceedings
146. No double jeopardy
PART 13 - Administration Division 1 - Rail Safety Regulator
147. Rail Safety Regulator
148. Functions
149. Annual reports
150. Delegation
151. Rail Safety Regulator may exercise functions of rail safety officers
Division 2 - Rail safety officers
152. Appointment
153. Reciprocal powers of rail safety officers
154. Identification cards for rail safety officers
155. Rail safety officer must not exercise functions without identification
card
156. Display and production of identification card
157. Return of identification cards
PART 14 - Miscellaneous Division 1 - Confidentiality
158. Confidentiality
Division 2 - Civil liability
159. Civil liability not affected by Part 2 , 4 or 5
160. Exclusion of personal liability
161. Immunity for reporting unfit rail safety worker
Division 3 - Compliance codes and guidelines
162. Approval of compliance codes and guidelines
163. Effect of compliance code
164. Effect of complying with compliance code
Division 4 - Other matters
165. Exemptions
166. Recovery of certain costs
167. Recovery of amounts due
168. Compliance with conditions of accreditation
169. Prescribed persons
170. Contracting-out prohibited
171. Regulations
172. Administration of Act
PART 15 - Transitional
173. Interpretation of this Part
174. Saving of appointment of Rail Safety Regulator
175. Saving of accreditation of persons under former Act
176. Registration of private sidings
177. Applications and administrative acts and decisions
178. Application of provisions in respect of existing operators
PART 16 - Abt Railway Development Act 1999 Amended
179. Principal Act
180. Section 30 repealed
PART 17 - Emu Bay Railway (Operation and Acquisition) Act 2009
Amended
181. Principal Act
182. Section 3 amended (Interpretation)
183. Section 4 amended (Authority of PN Tas (Operations) Pty Limited to
operate rail business on Emu Bay Railway)
PART 18 - Local Government Act 1993 Amended
184. Principal Act
185. Section 87 amended (Exemption from rates)
PART 19 - Police Offences Act 1935 Amended
186. Principal Act
187. Section 3 amended (Interpretation)
PART 20 - Rail Company Act 2009 Amended
188. Principal Act
189. Section 4 amended (Interpretation)
PART 21 - Rail Infrastructure Act 2007 Amended
190. Principal Act
191. Section 3 amended (Interpretation)
192. Section 10 repealed
PART 22 - Legislation repealed and rescinded
193. Legislation repealed
194. Legislation rescinded
PART 23 - Further Consequential Amendments
195. Amendment of Emu Bay Railway (Operation and Acquisition) Act 2009
196. Amendment of Boundary Fences Act 1908
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]