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PARLIAMENT OF VICTORIA
Rail Safety Legislation Amendment (National
Services Delivery and Related Reforms) Bill 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of the Rail Safety National Law Application
Act 2013 3
Division 1--General 3
4 Definitions--Principal Act 3
5 Section 4 repealed 3
6 Application of Rail Safety National Law 3
7 Interpretation of certain expressions 3
8 Section 9 repealed 4
9 Exclusion of legislation of this jurisdiction 4
10 Part 3 repealed 4
11 Division 1 of Part 4 repealed 4
12 New Division 1A of Part 4 inserted 5
13 Divisions 3 and 4 of Part 4 repealed 6
14 Division 7 of Part 4 substituted 6
15 Division 5 of Part 7 repealed 6
16 Section 157 repealed 6
Division 2--Alcohol and drug controls for rail safety workers 7
17 New Part 4A inserted 7
18 Regulations 60
Division 3--Savings and transitionals 63
19 New Part 8 inserted 63
Part 3--Amendment of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014 104
20 Purpose 104
21 Definitions 104
22 Entry into bus premises, marine premises or bus or boarding
vessel 107
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23 Notification of entry 107
24 General powers on entry or boarding 108
25 Directions powers as to operation and movement of vehicles 109
26 Magistrates' Court may extend period of detention of vessel 110
27 Persons assisting transport safety officers 110
28 Use of electronic equipment 110
29 Use of equipment to examine or process things 111
30 Securing a site or restricting access to bus or vessel 111
31 Directions for the protection of evidence 111
32 Search warrants 111
33 Seizure of things not mentioned in the warrant 112
34 Announcement before entry or boarding on warrant 112
35 Copy of warrant to be given to person with control or
management of place, bus or vessel 112
36 Power to require production of documents, devices or other
things and answers to questions 112
37 Sections 23 and 25 amended 113
38 Securing seized things 113
39 Receipt for seized things 113
40 Forfeiture of seized things 113
41 Return of seized things 113
42 Sections 36 and 37 amended 114
43 Compensation 114
44 Sections 39, 40 and 41 amended 114
45 Direction to provide certain information 114
46 Residential premises 114
47 Use of force 115
48 Manner in which transport safety officers must exercise
powers 115
49 Service of improvement notices 115
50 Section 51 repealed 115
51 Contents of improvement notices 115
52 Sections 54 and 57 amended 116
53 Service of prohibition notice 116
54 Sections 61 and 67 amended 117
55 When Safety Director may carry out action 117
56 Power of Safety Director to take other remedial action 117
57 Service of non-disturbance notice 117
58 Contents of non-disturbance notice 117
59 Serving notices 118
60 Injunctions for non-compliance with notices 118
61 Enforceable voluntary undertaking 118
62 Sections 84, 85 and 86 amended 118
63 Contravention of transport safety undertaking 119
64 Withdrawal or variation of transport safety undertaking 119
65 Proceedings for alleged contravention 119
66 Additional enforcement measures relating to bus safety 119
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67 Response to certain safety reports 120
68 Sections 91 and 92 repealed 120
69 Division 2 of Part 4 repealed 120
70 Reviewable decisions 120
71 Offence to give false or misleading information 121
72 Criminal liability of officers of bodies corporate--failure to
exercise due diligence 121
73 Who may commence proceedings for offences against this Act
or a transport safety law 121
74 Limited period for prosecution of transport safety law
indictable offences 121
75 Evidentiary certificates--this Act or transport safety laws 122
76 Definitions--Court based sanctions 123
77 Commercial benefits order 124
78 Supervisory intervention order 124
79 Exclusion orders 125
80 Adverse publicity order 125
81 Release on the giving of a safety undertaking 126
82 Sections 116, 119, 120, 121 and 122 amended 126
83 Attendance of transport safety officer at inquiries 126
84 Sections 124 and 127 amended 126
85 Recovery of costs 126
86 Section 130 repealed 127
87 Service of documents 127
88 Regulations 127
Part 4--Amendments of other Acts 128
Division 1--Amendment of the Transport Integration Act 2010 128
89 Definitions 128
90 Sections 79L and 79M repealed 129
91 Object of Director, Transport Safety 129
92 Functions of Director, Transport Safety 130
93 Power to investigate 132
94 New section 174A inserted 132
95 Information disclosure by Director, Transport Safety 132
96 Delegation by the Director, Transport Safety 132
97 New section 178B inserted 133
98 New section 181A inserted 133
99 Appointment 133
100 When a transport safety appointee ceases to hold office 133
101 New section 187A inserted 134
102 Removal from office 134
103 Ministerial direction to investigate transport safety matter 135
104 Section 194 repealed and consequential cross-reference
amended 135
105 Power to give advice on compliance 136
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106 Definitions--Conflict between decisions of Director,
Transport Safety and road authority 136
Division 2--Amendment of the Transport (Compliance and
Miscellaneous) Act 1983 136
107 Definitions 136
108 Financial assistance to train drivers following fatal incidents 137
109 Application of definitions to Part V 137
110 Specific investigation powers--public transport safety matters
or marine safety matters 137
111 Definitions 137
112 Interpretation 138
113 Definitions 138
114 Section 230J repealed 138
115 Service of documents on natural persons 138
116 Service of documents on corporations 138
Division 3--Amendment of other Acts 138
117 Consequential amendments to other Acts 138
Part 5--Repeal of the Rail Safety (Local Operations) Act 2006 and
this Act 139
118 Repeal of the Rail Safety (Local Operations) Act 2006 139
119 Repeal of this Act 139
Schedule 1--Consequential amendments to other Acts 140
═════════════
Endnotes 149
1 General information 149
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Rail Safety Legislation Amendment
(National Services Delivery and Related
Reforms) Bill 2019
A Bill for an Act to amend the Rail Safety National Law
Application Act 2013, the Transport (Safety Schemes Compliance
and Enforcement) Act 2014, the Transport Integration Act 2010
and the Transport (Compliance and Miscellaneous) Act 1983, to
repeal the Rail Safety (Local Operations) Act 2006 and to make
consequential amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Rail Safety National Law
5 Application Act 2013--
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Part 1--Preliminary
(i) to provide for the safety of all rail
infrastructure and rolling stock
operations carried out in Victoria and
for all rail safety work carried out in
5 Victoria to be regulated under the Rail
Safety National Law (Victoria); and
(ii) to provide for the Office of the National
Rail Safety Regulator to be the sole rail
safety regulator for the Victorian rail
10 transport industry; and
(b) to repeal the Rail Safety (Local
Operations) Act 2006 and as a consequence
re-enact the provisions for the alcohol and
drug testing of rail safety workers in the Rail
15 Safety National Law Application
Act 2013.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
20 (2) If a provision of this Act does not come into
operation before 1 July 2020, it comes into
operation on that day.
3 Principal Act
In this Act, the Rail Safety National Law
25 Application Act 2013 is called the Principal Act.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
Part 2--Amendment of the Rail Safety
National Law Application Act 2013
Division 1--General
4 Definitions--Principal Act
5 In section 3(1) of the Principal Act--
(a) insert the following definitions--
"public sector body has the same meaning as
in the Public Administration
Act 2004;
10 public sector employee has the same
meaning as in the Public
Administration Act 2004;";
(b) in the definition of Department omit
", Planning and Local Infrastructure";
15 (c) in the definition of Safety Director, for
"2010;" substitute "2010.";
(d) the definitions of excluded local railway,
railway crossing, service level agreement
and transport safety officer are repealed.
20 5 Section 4 repealed
Section 4 of the Principal Act is repealed.
6 Application of Rail Safety National Law
In section 6(a) of the Principal Act, for "3, 4 and
5" substitute "4, 4A and 5".
25 7 Interpretation of certain expressions
(1) In section 7(1) of the Principal Act, the definitions
of public sector body, public sector employee and
railway are repealed.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
(2) After section 7(2) of the Principal Act insert--
"(3) For the purposes of this Act and the Rail
Safety National Law (Victoria) and any other
Act or law, the Office of the National Rail
5 Safety Regulator is not an agency or
instrumentality of the Crown in right of
Victoria.".
8 Section 9 repealed
Section 9 of the Principal Act is repealed.
10 9 Exclusion of legislation of this jurisdiction
In section 11(1) of the Principal Act--
(a) paragraph (d) is repealed;
(b) in paragraph (h), for "section 12)."
substitute "section 12);";
15 (c) after paragraph (h) insert--
"(i) the Fines Reform Act 2014;
(j) the Infringements Act 2006;
(k) the Privacy and Data Protection
Act 2014.".
20 10 Part 3 repealed
Part 3 of the Principal Act is repealed.
11 Division 1 of Part 4 repealed
Division 1 of Part 4 of the Principal Act is
repealed.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
12 New Division 1A of Part 4 inserted
Before Division 2 of Part 4 of the Principal Act
insert--
'Division 1A--Additional rail safety
5 duties
40A Rail safety duties of persons providing
railway operations by means of contracted
personnel
Despite anything to the contrary in the Rail
10 Safety National Law (Victoria), that Law
applies as a law of this jurisdiction as if after
section 53 of that Law there were inserted--
"53A Duties of persons providing railway
operations by means of contracted
15 personnel
(1) A person (a labour-hire entity) who
under an agreement or arrangement
supplies to a rail infrastructure manager
the services of an individual that
20 labour-hire entity employs or engages
to carry out railway operations for that
manager must, so far as is reasonably
practicable, ensure that that individual
is competent to carry out the railway
25 operations.
(2) A person (a labour-hire entity) who
under an agreement or arrangement
supplies to a rolling stock operator the
services of an individual that labour-
30 hire entity employs or engages to carry
out railway operations for that operator
must, so far as is reasonably
practicable, ensure that that individual
is competent to carry out railway
35 operations.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
(3) In this section--
supply includes provide, grant or
confer, whether as principal or
agent.".'.
5 13 Divisions 3 and 4 of Part 4 repealed
Divisions 3 and 4 of Part 4 of the Principal Act are
repealed.
14 Division 7 of Part 4 substituted
For Division 7 of Part 4 of the Principal Act
10 substitute--
"Division 7--Other matters
48 Authorisation of information disclosure in
relation to notifiable occurrences
For the purposes of section 244(3)(e) of the
15 Rail Safety National Law (Victoria),
ONRSR, a member of ONRSR or a person
authorised by ONRSR is authorised to
disclose information in relation to notifiable
occurrences to the following persons--
20 (a) the Chief Investigator, Transport
Safety;
(b) the Secretary to the Department.".
15 Division 5 of Part 7 repealed
Division 5 of Part 7 of the Principal Act is
25 repealed.
16 Section 157 repealed
Section 157 of the Principal Act is repealed.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
Division 2--Alcohol and drug controls for rail
safety workers
17 New Part 4A inserted
After Part 4 of the Principal Act insert--
5 'Part 4A--Alcohol and drug
controls for rail safety workers
Division 1--Preliminary matters
48A Definitions
In this Part--
10 approved health professional means--
(a) a person registered under the Health
Practitioner Regulation National Law--
(i) to practise in the nursing and
midwifery profession as a nurse
15 (other than as a midwife or as a
student); and
(ii) in the registered nurses division of
that profession;
(b) a person approved under section 48B to
20 take a blood sample for the purposes of
the Rail Safety National Law (Victoria)
and this Part;
assessment of drug impairment means an
assessment under sections 48O and
25 48P;
breath analysing instrument means a breath
analysing instrument within the
meaning of the Road Safety Act 1986;
breath analysis means an analysis of breath
30 by a breath analysing instrument;
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
Chief Commissioner of Police means the
Chief Commissioner of Police
appointed under section 17 of the
Victoria Police Act 2013;
5 corresponding law means a law of another
State or a Territory that creates an
offence substantially similar to an
offence created by section 128(1) of the
Rail Safety National Law (Victoria) or
10 section 48H(1);
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
15 fluid by means of a device prescribed
for the purpose of conducting oral fluid
analyses;
prescribed concentration of alcohol has the
same meaning as in section 128(5) of
20 the Rail Safety National Law
(Victoria);
prescribed drug has the same meaning as in
section 128(5) of the Rail Safety
National Law (Victoria);
25 properly qualified analyst has the same
meaning as in section 57B of the Road
Safety Act 1986;
registered medical practitioner means a
person registered under the Health
30 Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);
Victorian Institute of Forensic Medicine
Director means the Director within the
35 meaning of the Victorian Institute of
Forensic Medicine Act 1985.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
48B Approval of person to take blood samples
for the purposes of the Law and this Part
The Victorian Institute of Forensic Medicine
Director may, in writing, approve a person to
5 take blood samples for the purposes of the
Rail Safety National Law (Victoria) and this
Part if the Director is of the opinion that the
person has the appropriate qualifications,
training and experience to take such samples.
10 48C Assessment of drug impairment
modification
Despite anything to the contrary in the Rail
Safety National Law (Victoria), section
126(1) of that Law applies as a law of this
15 jurisdiction as if--
(a) in paragraph (e) of that subsection, for
"occurrence," there were substituted
"occurrence; or";
(b) after paragraph (e) of that subsection
20 there were inserted--
"(f) is required to undergo an
assessment of drug impairment,".
48D Presumptions in relation to presence of
concentrations of alcohol and other drugs
25 (1) For the purposes of Division 9 of Part 3 of
the Rail Safety National Law (Victoria) and
this Part, if it is established that at any time
within 3 hours after an alleged offence
against section 128(1)(a) or (c) of the Rail
30 Safety National Law (Victoria) or section
48H(1)(a), a certain concentration of alcohol
was present in the blood or breath of the rail
safety worker charged with the offence it
must be presumed, until the contrary is
35 proved, that not less than that concentration
of alcohol was present in the worker's blood
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
or breath (as the case requires) at the time at
which the offence is alleged to have been
committed.
(2) For the purposes of Division 9 of Part 3 of
5 the Rail Safety National Law (Victoria) and
this Part, if it is established that at any time
within 3 hours after an alleged offence
against section 128(1)(b) of the Rail Safety
National Law (Victoria), a certain drug was
10 present in the oral fluid or blood of the rail
safety worker charged with the offence it
must be presumed, until the contrary is
proved, that that drug was present in the
worker's oral fluid or blood at the time at
15 which the offence is alleged to have been
committed.
(3) For the purposes of Division 9 of Part 3 of
the Rail Safety National Law (Victoria) and
this Part, if it is established that at any time
20 within 3 hours after an alleged offence
against section 128(1)(c) of the Rail Safety
National Law (Victoria) or section
48H(1)(b), a certain drug was present in the
body of the rail safety worker charged with
25 the offence it must be presumed, until the
contrary is proved, that the drug was present
in the worker's body at the time at which the
offence is alleged to have been committed.
(4) For the purposes of an alleged offence
30 against section 48H(1)(i) or (j) it must be
presumed that the concentration of alcohol
indicated by an analysis to be present in the
breath of the rail safety worker charged or
found by an analyst to be present in the
35 sample of blood taken from the worker
charged (as the case requires) was not due
solely to the consumption of alcohol after
having carried out rail safety work unless the
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
contrary is proved by the worker charged on
the balance of probabilities by sworn
evidence given by the worker which is
corroborated by the material evidence of
5 another person.
(5) For the purposes of an alleged offence
against section 128(1)(b) or (c) of the Rail
Safety National Law (Victoria) or section
48H(1)(b) it must be presumed that a drug
10 found by an analyst to be present in the
sample of blood or oral fluid taken from the
rail safety worker charged was not due solely
to the consumption or use of that drug after
carrying out rail safety work unless the
15 contrary is proved by the worker charged on
the balance of probabilities by sworn
evidence given by the worker which is
corroborated by the material evidence of
another person.
20 48E When a rail safety worker is not to be
taken to be impaired
For the purposes of sections 48O to 48X, a
rail safety worker is not to be taken to be
impaired unless the worker's behaviour or
25 appearance is such as to give rise to a
reasonable suspicion that the worker is
unable to carry out rail safety work properly.
48F When a rail safety worker is to be
regarded as being about to carry out rail
30 safety work
For the purposes of Division 9 of Part 3 of
the Rail Safety National Law (Victoria) and
this Part, a rail safety worker is to be
regarded as being about to carry out rail
35 safety work if the worker has arrived at the
worker's place of work but has not yet begun
work.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
48G Findings of guilt and convictions and
subsequent offences
If a rail safety worker who is found guilty or
convicted of an offence against any one of
5 the paragraphs of section 128(1) of the Rail
Safety National Law (Victoria) or the
paragraphs of section 48H(1), or against
those sections, has at any time been found
guilty or convicted of--
10 (a) an offence against the same or any
other of those paragraphs or against
either of those sections; or
(b) an offence against any corresponding
law--
15 the finding of guilt, or conviction of, the
offence against that paragraph or section is to
be taken to be a conviction for a subsequent
offence.
Division 2--Offences and related
20 evidentiary matters
48H Additional offences involving alcohol and
drugs
(1) A rail safety worker is guilty of an offence if
the worker--
25 (a) carries out rail safety work while more
than the prescribed concentration of
alcohol is present in the worker's
breath; or
(b) carries out rail safety work while
30 impaired by a drug; or
(c) refuses or fails to comply with a
requirement under section 48M(10); or
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(d) refuses to undergo an assessment of
drug impairment in accordance with
sections 48O and 48P when required
under those sections to do so or refuses
5 to comply with a direction under
section 48O(4); or
(e) refuses to immediately comply with a
requirement under section 48Q(2) or a
direction under section 48Q(4) or fails
10 to comply with the obligation in
section 48Q(5); or
(f) refuses to provide a sample of oral fluid
in accordance with section 48R when
required under that section to do so or
15 refuses to immediately comply with
any other requirement made under that
section; or
(g) refuses to comply with a requirement
made under section 48X(2) or (3); or
20 (h) refuses to comply with a requirement
made under section 48V(2) or (3); or
(i) within 3 hours after having carried out
rail safety work furnishes a sample of
breath for analysis by a breath
25 analysing instrument under a
requirement under section 48M and--
(i) the result of the analysis as
recorded or shown by the breath
analysing instrument indicates that
30 more than the prescribed
concentration of alcohol is present
in the worker's breath; and
(ii) the concentration of alcohol
indicated by the analysis to be
35 present in the worker's breath was
not due solely to the consumption
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of alcohol after having carried out
the rail safety work; or
(j) has had a sample of blood taken from
the worker in accordance with
5 section 48ZA within 3 hours after
having carried out rail safety work
and--
(i) the sample has been analysed
within 12 months after it was
10 taken by a properly qualified
analyst within the meaning of
section 48ZB and the analyst has
found that at the time of analysis
more than the prescribed
15 concentration of alcohol was
present in that sample; and
(ii) the concentration of alcohol found
by the analyst to be present in that
sample was not due solely to the
20 consumption of alcohol after
having carried out the rail safety
work.
(2) A rail safety worker who is guilty of an
offence under subsection (1) is liable to a
25 fine not exceeding $10 000.
(3) It is a defence to a charge under subsection
(1)(i) for the person charged to prove that the
breath analysing instrument used was not on
that occasion in proper working order or
30 properly operated.
(4) It is a defence to a charge under subsection
(1)(j) for the person charged to prove that the
result of the analysis was not a correct result.
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Part 2--Amendment of the Rail Safety National Law Application Act 2013
48I Additional circumstances when rail safety
workers may be convicted or found guilty
A rail safety worker may be convicted or
found guilty of an offence under section
5 126(3) or 127(3) of the Rail Safety National
Law (Victoria) or section 48H(1)(d) even
if--
(a) in the case of an offence under
section 126(3) of the Rail Safety
10 National Law (Victoria) constituted by
a failure to submit to a preliminary
breath test or breath analysis--
(i) a breath analysing instrument was
not available at the place where
15 the requirement was made at the
time it was made; or
(ii) a person authorised to operate a
breath analysing instrument was
not present at the place where the
20 requirement was made at the time
it was made;
(b) in the case of an offence under
section 127(3) of the Rail Safety
National Law (Victoria) constituted by
25 a failure to submit to a drug screening
test, oral fluid analysis, blood test or
urine test (or any combination of
these)--
(i) the authorised person requiring a
30 sample of blood or urine had not
nominated a registered medical
practitioner or approved health
professional to take the sample; or
(ii) if the worker was required under
35 section 48R(3) to provide a
sample of oral fluid for analysis
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by a properly qualified analyst, the
authorised person requiring a
sample of oral fluid had not
nominated a registered medical
5 practitioner or approved health
professional to whom the sample
was to be furnished for analysis;
(c) in the case of an offence under
section 48H(1)(d)--
10 (i) a requirement to undergo an
assessment of drug impairment
was not made at a place where
such an assessment could have
been carried out; or
15 (ii) a person authorised to carry out an
assessment of drug impairment
was not present at the place where
the requirement was made at the
time it was made;
20 (d) in the case of an offence under
section 127(3) of the Rail Safety
National Law (Victoria)--
(i) a requirement to submit to a drug
screening test, oral fluid analysis,
25 blood test or urine test (or any
combination of these) was not
made at a place where such a test
or analysis could have been
carried out; or
30 (ii) a person authorised to carry out
the drug screening test, oral fluid
analysis, blood test or urine test
was not present at the place where
the requirement was made at the
35 time it was made.
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48J Evidence as to effect of the consumption
of alcohol or consumption or use of a drug
(1) In any proceeding for an offence under
section 48H(1)(i) or (j) evidence as to the
5 effect of the consumption of alcohol on the
accused is admissible for the purpose of
rebutting the presumption created by section
48D(4) but is otherwise inadmissible.
(2) In any proceeding for an offence against
10 section 128(1)(b) or (c) of the Rail Safety
National Law (Victoria) or section 48H(1)(b)
evidence as to the effect of the consumption
or use of a drug on the accused is admissible
for the purpose of rebutting the presumption
15 created by section 48D(5) but is otherwise
inadmissible.
48K Existence of certain facts proof that rail
safety worker was drug impaired while
carrying out rail safety work
20 In any proceeding for an offence under
section 48H(1)(b), proof that--
(a) the rail safety worker was carrying out
rail safety work; and
(b) one or more drugs were present in the
25 rail safety worker's body at the time at
which the worker carried out rail safety
work; and
(c) the behaviour of the rail safety worker
on an assessment of drug impairment
30 carried out on the worker was
consistent with the behaviour usually
associated with a person who has
consumed or used that drug or those
drugs; and
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(d) the behaviour usually associated with a
person who has consumed or used that
drug or those drugs would result in the
person being unable to carry out rail
5 safety work properly--
is, in the absence of evidence to the contrary,
proof that the rail safety worker carried out
rail safety work while impaired by a drug.
Division 3--Testing and analysis
10 48L Additional matters for preliminary breath
tests
(1) This section applies if a rail safety worker is
required by an authorised person to submit to
testing by means of a preliminary breath test
15 under section 126 of the Rail Safety National
Law (Victoria).
(2) The rail safety worker must undergo a
preliminary breath test by exhaling
continuously into a prescribed device to the
20 satisfaction of the authorised person.
(3) However, the rail safety worker is not
obliged to submit to testing by means of a
preliminary breath test under section 126 of
the Rail Safety National Law (Victoria) if
25 more than 3 hours have passed since the
worker last carried out rail safety work.
48M Additional matters for breath analyses
(1) This section applies if a rail safety worker is
required by an authorised person to submit to
30 testing by means of a breath analysis under
section 126 of the Rail Safety National Law
(Victoria).
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(2) For the purposes of section 126 of the Rail
Safety National Law (Victoria), a
requirement of the authorised person under
that section may be that the rail safety
5 worker submit to testing by doing one or
both of the following--
(a) furnishing a sample of breath for
analysis by a breath analysing
instrument;
10 (b) furnishing one or more further samples
if it appears to the authorised person
that the breath analysing instrument is
incapable of measuring the
concentration of alcohol present in the
15 sample, or each of the samples,
previously furnished in grams per
210 litres of exhaled air--
(i) because the amount of sample
furnished was insufficient; or
20 (ii) because of a power failure or
malfunctioning of the instrument;
or
(iii) for any other reason whatsoever.
(3) In addition, for the purposes of section
25 126(1)(a) to (e) of the Rail Safety National
Law (Victoria), the authorised person may
require the rail safety worker to--
(a) accompany the authorised person to a
police station or other place where the
30 sample of breath may be furnished; and
(b) remain there until the worker has
furnished the sample of breath and been
given the certificate referred to in
subsection (8) or until 3 hours after the
35 carrying out of the rail safety work,
whichever is the sooner.
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(4) In addition, for the purposes of section
126(1)(f) of the Rail Safety National Law
(Victoria), the authorised person may require
the rail safety worker to remain at the place
5 at which the worker is required to remain for
the purposes of the drug assessment until--
(a) the worker has furnished the sample of
breath and been given the certificate
referred to in subsection (8) and the
10 drug assessment has been carried out;
or
(b) 3 hours after the carrying out of rail
safety work--
whichever is the sooner.
15 Note
Section 126(1)(f) forms part of the Rail Safety
National Law (Victoria)--see section 48C.
(5) If the rail safety worker is required to furnish
a sample of breath for analysis, the worker
20 must do so by exhaling continuously into the
instrument to the satisfaction of the person
operating it.
(6) However, a rail safety worker is not obliged
to furnish a sample of breath under this
25 section if more than 3 hours have passed
since the worker last carried out rail safety
work.
(7) A breath analysing instrument referred to in
this section must be operated by a person
30 authorised to do so by the Chief
Commissioner of Police.
(8) As soon as practicable after a sample of a rail
safety worker's breath is analysed by means
of a breath analysing instrument the person
35 operating the instrument must sign and give
to the worker whose breath has been
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analysed a certificate containing the
prescribed particulars produced by the breath
analysing instrument of the concentration of
alcohol indicated by the analysis to be
5 present in the worker's breath.
(9) A rail safety worker must not be convicted or
found guilty of refusing to furnish under this
section a sample of breath for analysis if the
worker satisfies the court that there was
10 some reason of a substantial character for the
refusal, other than a desire to avoid
providing information which might be used
against the worker.
(10) The authorised person who required a
15 sample of breath under section 126(1) of the
Rail Safety National Law (Victoria) from a
rail safety worker may require the worker to
allow a registered medical practitioner or an
approved health professional nominated by
20 the person requiring the sample to take from
the worker a sample of blood for analysis if
it appears to the person that--
(a) the worker is unable to furnish the
required sample of breath on medical
25 grounds or because of some physical
disability; or
(b) the breath analysing instrument is
incapable of measuring in grams per
210 litres of exhaled air the
30 concentration of alcohol present in any
sample of breath furnished by the
worker for any reason whatsoever--
and for that purpose may further require that
worker to accompany an authorised person
35 to a place where the sample is to be taken
and to remain there until the sample has been
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taken or until 3 hours after the carrying out
of the rail safety work, whichever is sooner.
(11) A rail safety worker who allows the taking of
a sample of the worker's blood in accordance
5 with subsection (10) must not be convicted
or found guilty of refusing to furnish under
section 126(1) of the Rail Safety National
Law (Victoria) a sample of breath for
analysis.
10 (12) A person must not hinder or obstruct a
registered medical practitioner or an
approved health professional attempting to
take a sample of the blood of any other
person in accordance with subsection (10).
15 Penalty: $10 000.
(13) No action lies against a registered medical
practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
20 approved health professional in the course of
taking any sample of blood which the
practitioner or approved health professional
believed on reasonable grounds was allowed
to be taken under subsection (10).
25 48N Evidentiary matters relating to breath
analysis
(1) Evidence derived from a sample of breath
furnished following a requirement made
under section 126(1) of the Rail Safety
30 National Law (Victoria) is not rendered
inadmissible by a failure to comply with a
request under section 48Y if reasonable
efforts were made to comply with the
request.
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(2) If the question of whether a breath analysing
instrument was incapable of measuring in
grams per 210 litres of exhaled air the
concentration of alcohol present in any
5 sample of breath furnished by a rail safety
worker is relevant on a hearing for an
offence against section 128(1) of the Rail
Safety National Law (Victoria) or section
48H(1) then, without affecting the
10 admissibility of any evidence which might
be given apart from the provisions of this
subsection, a document--
(a) purporting to be a print-out produced
by that instrument in respect of that
15 sample; and
(b) purporting to be signed by the person
who operated the instrument--
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
20 facts and matters contained in it.
(3) A document referred to in subsection (2)
does not cease to be admissible in evidence
or, in the absence of evidence to the
contrary, to be proof of the facts and matters
25 contained in it only because of the fact that it
refers to the Road Safety Act 1986 and not
to the Rail Safety National Law (Victoria) or
the Rail Safety National Law Application
Act 2013 and the reference to the Road
30 Safety Act 1986 in that document and in
each other document produced by the breath
analysing instrument in respect of the sample
of breath must be construed for all purposes
as a reference to the Rail Safety National
35 Law (Victoria) or the Rail Safety National
Law Application Act 2013 (as the case
requires).
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48O Assessment of drug impairment
(1) Subject to this section, a police officer may
at any time require a rail safety worker
who--
5 (a) is about to carry out rail safety work; or
(b) is carrying out rail safety work; or
(c) is attempting to carry out rail safety
work; or
(d) is still on railway premises after
10 carrying out rail safety work; or
(e) without limiting a preceding
paragraph--is involved in a prescribed
notifiable occurrence--
to undergo an assessment of drug
15 impairment.
(2) Subject to this section, a police officer may
require--
(a) a rail safety worker whom the officer
believes on reasonable grounds has
20 within the last 3 preceding hours
carried out rail safety work on a railway
when a notifiable occurrence or
prescribed notifiable occurrence
occurred involving the rail safety
25 worker; or
(b) a rail safety worker required under
section 126(1) of the Rail Safety
National Law (Victoria) to submit to a
preliminary breath test; or
30 (c) a rail safety worker required under
section 126(1) of the Rail Safety
National Law (Victoria) to submit to a
breath analysis--
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to undergo an assessment of drug
impairment.
(3) A police officer may only require a rail
safety worker to undergo an assessment of
5 drug impairment under subsection (1) or (2)
if the officer is of the opinion that the rail
safety worker's behaviour or appearance
indicates that the worker may be impaired
for a reason other than alcohol alone.
10 (4) A police officer may direct a rail safety
worker required under subsection (1) or (2)
to undergo an assessment of drug
impairment to accompany the officer to a
place where the assessment is to be carried
15 out and to remain there until the assessment
has been carried out or until 3 hours after the
carrying out of the rail safety work,
whichever is sooner.
(5) A rail safety worker is not obliged to
20 undergo an assessment of drug impairment if
more than 3 hours have passed since the
worker last carried out rail safety work.
48P Procedure for assessments of drug
impairment
25 (1) An assessment of drug impairment must be
carried out by a police officer authorised to
do so by the Chief Commissioner of Police.
(2) An assessment of drug impairment must be
carried out in accordance with the procedure
30 specified in a notice published under
section 55A(5) of the Road Safety
Act 1986.
(3) The carrying out of an assessment of drug
impairment on a rail safety worker must be
35 video-recorded if the worker was involved in
a notifiable occurrence or prescribed
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notifiable occurrence unless the prosecution
satisfies the court that a video-recording has
not been made because of exceptional
circumstances.
5 (4) If the rail safety worker on whom an
assessment of drug impairment was carried
out is subsequently charged with an offence
under section 48H(1)(b), and the carrying out
of the assessment of drug impairment is
10 video-recorded, a copy of the video-
recording must be served with the summons
or, if a summons is not issued, within 7 days
after the filing of the charge-sheet charging
the offence.
15 (5) Subject to subsection (6), the video-
recording of the carrying out of an
assessment of drug impairment on a rail
safety worker is only admissible in a
proceeding against that worker for an
20 offence against Division 9 of Part 3 of the
Rail Safety National Law (Victoria) or this
Part for the purpose of establishing that the
assessment of drug impairment was carried
out in accordance with the procedure
25 specified in a notice under section 55A(5) of
the Road Safety Act 1986.
(6) Evidence obtained as a result of an
assessment of drug impairment carried out
on a rail safety worker is inadmissible as part
30 of the prosecution case in proceedings
against that worker for any offence if the
video-recording of the assessment and any
related material and information should have
been but has not been destroyed as required
35 by section 48Z.
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(7) In any proceeding under Division 9 of Part 3
of the Rail Safety National Law (Victoria) or
this Part--
(a) the statement of a police officer that on
5 a particular date the officer was
authorised by the Chief Commissioner
of Police under subsection (1) to carry
out an assessment of drug impairment;
or
10 (b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
police officer named in it is authorised
by the Chief Commissioner of Police
under subsection (1) to carry out an
15 assessment of drug impairment--
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that police officer.
48Q Drug screening tests
20 (1) This section applies if an authorised person
requires a rail safety worker to submit to a
drug screening test under section 127(1) of
the Rail Safety National Law (Victoria).
(2) The authorised person may, for the purposes
25 of carrying out a drug screening test, require
the rail safety worker to place a prescribed
device, or the collection unit of a prescribed
device, into the worker's mouth and carry out
the physical actions that are necessary to
30 ensure that, in the opinion of the authorised
person, a sufficient sample of oral fluid has
been captured by the device or unit.
(3) A device prescribed for the purposes of
carrying out drug screening tests may be
35 comprised of a collection unit and a testing
unit and one or more other parts.
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(4) The authorised person who carries out a drug
screening test may give any reasonable
direction as to the physical actions that are
necessary for the test to be carried out.
5 (5) The rail safety worker must remain at the
place at which the drug screening test is
being carried out until the sample of oral
fluid collected in accordance with subsection
(2) has been tested by a prescribed device.
10 (6) The rail safety worker is not obliged to
undergo a drug screening test under this
section if more than 3 hours have passed
since the worker--
(a) last carried out or attempted to carry
15 out rail safety work; or
(b) was involved in a prescribed notifiable
occurrence.
48R Oral fluid analysis
(1) This section applies if a rail safety worker
20 is--
(a) required--
(i) to undergo an assessment of drug
impairment under section 48O; or
(ii) to submit to a drug screening test
25 under section 127(1) of the Rail
Safety National Law (Victoria);
and
(b) in the opinion of the authorised person
who carries out that assessment or
30 test--
(i) the assessment or test indicates
that the worker's oral fluid
contains a prescribed drug; or
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(ii) the worker has refused or failed to
carry out the assessment or test in
the manner described in section
48P or 48Q(2) (as the case
5 requires).
(2) An authorised person may require the rail
safety worker to provide a sample of oral
fluid for testing by a prescribed device.
(3) If an authorised person considers it
10 necessary, the person may require the rail
safety worker to provide a sample of oral
fluid for analysis by a properly qualified
analyst.
(4) If the authorised person considers it
15 necessary for the purposes of subsection (2)
or (3), the person may require the rail safety
worker--
(a) to accompany any authorised person to
a place or vehicle where a sample is to
20 be provided; and
(b) to remain there until the earlier of the
following--
(i) the worker has provided the
sample and any further sample
25 required to be provided under
subsection (5) and the sample has
been tested by a prescribed
device;
(ii) 3 hours after the worker last
30 carried out or attempted to carry
out the rail safety work or was
involved in a prescribed notifiable
occurrence.
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(5) The authorised person who required a
sample of oral fluid to be provided under
subsection (2) may require the rail safety
worker who provided it to provide one or
5 more further samples if it appears to the
person that the prescribed device is incapable
of testing for the presence of a prescribed
drug in the sample or samples because--
(a) the amount of sample provided was
10 insufficient; or
(b) of a power failure or malfunctioning of
the device.
(6) If the authorised person requires a sample of
oral fluid to be provided under subsection
15 (3), the person may require the rail safety
worker who provided it to provide one or
more further samples if it appears to the
person that the amount of sample provided
was insufficient for the purposes of testing
20 for the presence of a prescribed drug.
(7) An authorised person who is a police officer
may only carry out the procedure for the
provision of a sample of oral fluid under this
section if the police officer is authorised in
25 writing by the Chief Commissioner of Police
for the purposes of this section.
(8) The Chief Commissioner of Police may
authorise a police officer for the purposes of
this section if satisfied that the officer has the
30 appropriate training to carry out the
prescribed procedure for the provision of a
sample.
(9) A device prescribed for the purposes of the
collection of a sample of oral fluid may be
35 comprised of a collection unit and a testing
unit and one or more other parts.
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48S Provision of oral fluid samples for oral
fluid analysis
(1) A rail safety worker required to provide a
sample of oral fluid under section 48R must
5 do so by placing the prescribed device, or the
collection unit of the device, into the
worker's mouth and carrying out the physical
actions that are necessary to ensure that, in
the opinion of the authorised person to whom
10 the sample is being provided, a sufficient
sample of oral fluid has been captured by the
device or unit.
(2) An authorised person who requires a rail
safety worker to provide a sample of oral
15 fluid under section 48R may give any
reasonable direction as to the physical
actions that are necessary for the sample to
be provided.
(3) A rail safety worker is not obliged to provide
20 a sample of oral fluid under section 48R if
more than 3 hours have passed since the
worker--
(a) last carried out or attempted to carry
out rail safety work; or
25 (b) was involved in a prescribed notifiable
occurrence.
(4) The provision of a sample of oral fluid under
this section must be carried out in
accordance with the prescribed procedure.
30 (5) A rail safety worker must not be convicted or
found guilty of refusing to provide under
section 48R a sample of oral fluid if the
worker satisfies the court that there was
some reason of a substantial character for the
35 refusal, other than a desire to avoid
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providing information which might be used
against the worker.
(6) A device prescribed for the purposes of the
collection of a sample of oral fluid may be
5 comprised of a collection unit and a testing
unit and one or more other parts.
48T Part of oral fluid sample to be delivered to
rail safety worker if drugs detected
If a test of a sample of oral fluid provided
10 under section 48R by a rail safety worker
indicates, in the opinion of the authorised
person who carried out the procedure in the
course of which the sample was provided,
that the oral fluid contains a prescribed drug,
15 the person may--
(a) if the person who carried out the
procedure was not the authorised
person who required the sample to be
provided, deliver a part of the sample to
20 the person who required the sample to
be provided; and
(b) deliver another part of the sample to the
worker.
48U Rail safety worker required to provide
25 oral fluid sample may request sample of
blood to be taken
(1) This section applies if a rail safety worker is
required under section 48R to provide a
sample of oral fluid.
30 (2) The rail safety worker may request the
authorised person who required the sample
to arrange for the taking in the presence of an
authorised person of a sample of the worker's
blood for analysis at the worker's own
35 expense by a registered medical practitioner
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or an approved health professional
nominated by the person.
(3) Nothing in this section relieves a rail safety
worker from any penalty under section
5 48H(1)(f) for refusing to provide a sample of
oral fluid.
48V Authorised person may require blood
sample if oral fluid sample insufficient
(1) This section applies if an authorised person
10 requires a rail safety worker to provide a
sample of oral fluid under section 48R for
analysis and in the opinion of the person--
(a) the worker is unable to furnish the
required sample of oral fluid on
15 medical grounds or because of some
physical disability; or
(b) the prescribed device is incapable of
testing for the presence in the sample of
a prescribed drug for any reason
20 whatsoever.
(2) The authorised person may require the rail
safety worker to allow a registered medical
practitioner or an approved health
professional nominated by the person who
25 required the sample to take from the worker
a sample of blood for analysis.
(3) For the purposes of subsection (2), an
authorised person may require the rail safety
worker--
30 (a) to accompany any authorised person to
a place where the sample of the
worker's blood is to be taken; and
(b) to remain there until the earlier of the
following--
35 (i) the sample is taken;
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(ii) 3 hours after the worker last
carried out or attempted to carry
out rail safety work or was
involved in a prescribed notifiable
5 occurrence.
(4) A rail safety worker who allows the taking of
a sample of the worker's blood in accordance
with this section must not be convicted or
found guilty of refusing to provide a sample
10 of oral fluid in accordance with section 48R.
(5) A rail safety worker must not hinder or
obstruct a registered medical practitioner or
an approved health professional attempting
to take a sample of the blood of any other
15 rail safety worker in accordance with this
section.
Penalty: $10 000.
(6) No action lies against a registered medical
practitioner or an approved health
20 professional in respect of anything properly
and necessarily done by the practitioner or
approved health professional in the course of
taking any sample of blood that the
practitioner or approved health professional
25 believed on reasonable grounds was required
to be taken from any rail safety worker under
this section.
48W Evidentiary matters relating to oral fluid
analysis
30 (1) Evidence derived from a sample of oral fluid
provided following a requirement made
under section 48R or 48V is not rendered
inadmissible by a failure to comply with a
request under section 48U if reasonable
35 efforts were made to comply with the
request.
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(2) In any proceeding under Division 9 of Part 3
of the Rail Safety National Law (Victoria) or
this Part, the following are admissible in
evidence and, in the absence of evidence to
5 the contrary, are proof of the authority of the
police officer--
(a) the statement of a police officer that on
a particular date the officer was
authorised for the purposes of
10 section 48R(8);
(b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
police officer named in it is authorised
for the purposes of section 48R(8).
15 48X Blood and urine tests
(1) This section applies if a rail safety worker--
(a) is required by an authorised person to
submit to a blood test or urine test
under section 127(1) of the Rail Safety
20 National Law (Victoria); or
(b) undergoes an assessment of drug
impairment when required under
section 48O to do so and the
assessment, in the opinion of the police
25 officer carrying it out, indicates that the
rail safety worker may be impaired by a
drug or drugs.
(2) An authorised person may require the rail
safety worker to--
30 (a) allow a registered medical practitioner
or an approved health professional
nominated by the person to take from
the worker a sample of that worker's
blood for analysis;
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(b) furnish to a registered medical
practitioner, an approved health
professional or a person appointed
under section 124 of the Rail Safety
5 National Law (Victoria) nominated by
the authorised person a sample of the
worker's urine for analysis.
(3) For the purpose of subsection (2), an
authorised person may require the rail safety
10 worker--
(a) to accompany any authorised person to
a place where the sample is to be taken
or furnished; and
(b) to remain there until the earlier of the
15 following--
(i) the sample is taken or furnished;
(ii) 3 hours after the worker last
carried out or attempted to carry
out rail safety work or was
20 involved in a prescribed notifiable
occurrence.
(4) An authorised person must not require a rail
safety worker to allow a sample of the
worker's blood to be taken for analysis under
25 subsection (2) if that worker has already had
a sample of blood taken under section 48Y
after carrying out rail safety work.
(5) A rail safety worker must not hinder or
obstruct a registered medical practitioner or
30 an approved health professional attempting
to take a sample of the blood, or be furnished
with a sample of the urine, of any other
person in accordance with this section.
Penalty: $10 000.
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(6) No action lies against a registered medical
practitioner or an approved health
professional in respect of anything properly
and necessarily done by the practitioner or
5 approved health professional in the course of
taking any sample of blood, or being
furnished with any sample of urine, which
the practitioner or approved health
professional believed on reasonable grounds
10 was required to be taken from, or furnished
by, a rail safety worker under this section.
(7) If the rail safety worker on whom an
assessment of drug impairment was carried
out is subsequently charged with an offence
15 under section 48H(1)(b), a copy of a written
report on that assessment prepared by the
police officer who carried it out and
containing the prescribed particulars must be
served with the summons or, if a summons is
20 not issued, within 7 days after the filing of
the charge-sheet charging the offence.
48Y Rail safety worker may request sample of
blood to be taken for analysis
(1) This section applies if--
25 (a) a rail safety worker is required under
section 126(1) of the Rail Safety
National Law (Victoria) to submit to
testing by means of a breath analysis;
and
30 (b) the rail safety worker does so by
furnishing a sample of breath for
analysis in accordance with
section 48M.
(2) The rail safety worker may, immediately
35 after being given the certificate referred to in
section 48M(8), request the authorised
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person who required the sample to arrange
for the taking in the presence of an
authorised person of a sample of the worker's
blood for analysis at the worker's own
5 expense by a registered medical practitioner
or an approved health professional
nominated by the person.
(3) Nothing in subsection (2) relieves a rail
safety worker from any penalty under
10 section 126(3) of the Rail Safety National
Law (Victoria).
48Z Destruction of identifying information
(1) In this section, relevant offence means--
(a) an offence under section 127(3) of the
15 Rail Safety National Law (Victoria) or
section 48H(1)(b) or (g); or
(b) any other offence arising out of the
same circumstances; or
(c) any other offence in respect of which
20 the evidence obtained as a result of the
assessment of drug impairment has
probative value.
(2) If a rail safety worker undergoes an
assessment of drug impairment that has been
25 carried out on the rail safety worker under
sections 48O and 48P and--
(a) the rail safety worker has not been
charged with a relevant offence at the
end of the period of 12 months after the
30 undergoing of the assessment of drug
impairment; or
(b) the rail safety worker has been so
charged but the charge is not proceeded
with, the prosecution for the offence is
35 discontinued or the rail safety worker is
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not found guilty of the offence, whether
on appeal or otherwise, before the end
of that period--
the Chief Commissioner of Police must,
5 subject to subsection (4), destroy, or cause to
be destroyed, at the time specified in
subsection (3) any video-recording made of
the assessment and any related material and
information.
10 (3) A video-recording and any related material
and information referred to in subsection (2)
must be destroyed--
(a) in a case to which subsection (2)(a)
applies, immediately after that period of
15 12 months; or
(b) in a case to which subsection (2)(b)
applies--
(i) within one month after the
conclusion of the proceeding and
20 the end of any appeal period; or
(ii) if the proceeding has been
adjourned under section 75 of the
Sentencing Act 1991, within one
month after dismissal under that
25 section.
(4) A police officer may, before the end of a
period referred to in subsection (3)(b), apply
without notice to the Magistrates' Court for
an order extending that period and, if the
30 Court makes such an order, the reference to
the period in subsection (3) is a reference to
that period as so extended.
(5) If the Magistrates' Court makes an order
under subsection (4), it must give reasons for
35 its decision and cause a copy of the order to
be served on the rail safety worker on whom
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the assessment of drug impairment was
carried out.
(6) If a video-recording or related material and
information is required to be destroyed in
5 accordance with this section, the Chief
Commissioner of Police must, if the rail
safety worker on whom the assessment was
carried out so requests, within 14 days after
receiving the request, notify that worker in
10 writing whether the destruction has occurred.
(7) A person who knowingly--
(a) fails to destroy; or
(b) uses, or causes or permits to be used--
a video-recording or related material and
15 information required by this section to be
destroyed is guilty of an offence punishable
by a fine of not more than 120 penalty units
or to imprisonment for a term of not more
than 12 months.
20 (8) A person who at any time uses, or causes or
permits to be used, or otherwise disseminates
information derived from any video-
recording or related material and information
required by this section to be destroyed
25 except in good faith for the purposes of a
relevant offence is guilty of an offence
punishable by a fine of not more than
120 penalty units or to imprisonment for a
term of not more than 12 months.
30 48ZA Blood samples to be taken in certain cases
(1) In this section--
doctor means a registered medical
practitioner and includes a police
surgeon.
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(2) If a rail safety worker enters or is brought to
a place for examination or treatment in
consequence of a notifiable occurrence
(whether within Victoria or not), the worker
5 must allow a doctor or approved health
professional to take from the worker at that
place a sample of the worker's blood for
analysis.
Penalty: $10 000.
10 (3) Subsection (2) does not apply if--
(a) in the opinion of the doctor or approved
health professional first responsible for
the examination or treatment of the rail
safety worker the taking of a blood
15 sample from the worker would be
prejudicial to the worker's proper care
and treatment; or
(b) the doctor or approved health
professional first responsible for the
20 examination or treatment of the rail
safety worker believed on reasonable
grounds that the worker was not a rail
safety worker.
(4) A rail safety worker to whom subsection (2)
25 applies and who is unconscious or otherwise
unable to communicate must be taken to
allow the taking of a sample of the worker's
blood by a doctor or approved health
professional at a place which the worker
30 enters or to which the worker is brought for
examination or treatment.
(5) If a sample of a rail safety worker's blood is
taken in accordance with this section,
evidence of the taking of it, the analysis of it
35 or the results of the analysis must not be used
in evidence in any legal proceeding except--
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(a) for the purposes of section 48ZB; or
(b) for the purposes of the Transport
Accident Act 1986--
but may be given--
5 (c) to the Transport Accident Commission
under the Transport Accident
Act 1986 and, for the purposes of
applications relating to that Act, to
VCAT; and
10 (d) to the Department for the purposes of
accident research.
(6) A rail safety worker must not hinder or
obstruct a doctor or approved health
professional attempting to take a sample of
15 the blood of any other person in accordance
with this section.
Penalty: $10 000.
(7) No action lies against a doctor or approved
health professional in respect of anything
20 properly and necessarily done by the doctor
or approved health professional in the course
of taking any sample of blood which the
doctor or approved health professional
believes on reasonable grounds was required
25 or allowed to be taken from a rail safety
worker under this section.
Division 4--Evidentiary provisions
48ZB Evidentiary provisions--blood tests
(1) In this section--
30 approved analyst means a person who by
virtue of subsection (2) is to be taken to
be a properly qualified analyst for the
purposes of this section;
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approved expert means a person who by
virtue of subsection (3) is to be taken to
be a properly qualified expert for the
purposes of this section;
5 approved laboratory means an approved
laboratory within the meaning of
section 57 of the Road Safety
Act 1986;
properly qualified analyst means--
10 (a) an approved analyst; or
(b) a person who carries out an
analysis in an approved
laboratory; or
(c) a person who is considered by the
15 court to have scientific
qualifications, training and
experience that qualifies the
person to carry out the analysis
and to express an opinion as to the
20 facts and matters contained in a
certificate under subsection (6) or
(7), as the case requires;
properly qualified expert means--
(a) an approved expert; or
25 (b) a person who is considered by the
court to have scientific
qualifications, training and
experience that qualifies the
person to express an opinion as to
30 the facts and matters contained in
a certificate under subsection (8).
(2) A person who is an approved analyst within
the meaning of section 57 of the Road
Safety Act 1986 is to be taken to be a
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properly qualified analyst for the purposes of
this section.
(3) A person who is an approved expert within
the meaning of section 57 of the Road
5 Safety Act 1986 is to be taken to be a
properly qualified expert for the purposes of
this section.
(4) If--
(a) the question whether a rail safety
10 worker was or was not at any time
under the influence of alcohol or any
other drug; or
(b) the presence of alcohol or any other
drug, or the concentration of alcohol in
15 the blood of a rail safety worker at any
time; or
(c) a finding on the analysis of a blood
sample of a rail safety worker--
is relevant on a hearing for an offence
20 against section 128 of the Rail Safety
National Law (Victoria) or section 48H, or in
any inquest or investigation held by a
coroner then, without affecting the
admissibility of any evidence which might
25 be given apart from the provisions of this
section, evidence may be given of the taking,
within 3 hours after the rail safety worker
carried out rail safety work, of a sample of
blood from the worker by a registered
30 medical practitioner or an approved health
professional, of the analysis of that sample of
blood by a properly qualified analyst within
12 months after it was taken, of the presence
of alcohol and, if alcohol is present, of the
35 concentration of alcohol expressed in grams
per 100 millilitres of blood found by that
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analyst to be present in that sample of blood
at the time of analysis and, if a drug is
present, evidence may be given by a properly
qualified expert of the usual effect of that
5 drug on behaviour when consumed or used
(including its effect on a person's ability to
carry out rail safety work properly).
(5) A certificate containing the prescribed
particulars purporting to be signed by a
10 registered medical practitioner or an
approved health professional is admissible in
evidence in a proceeding referred to in
subsection (4) and, in the absence of
evidence to the contrary, is proof of the facts
15 and matters contained in it.
(6) A certificate, containing the prescribed
particulars, as to the concentration of alcohol
expressed in grams per 100 millilitres of
blood found in any sample of blood--
20 (a) purporting to be signed by an approved
analyst; and
(b) stating that the sample of blood was
analysed in an approved laboratory--
is admissible in evidence in a proceeding
25 referred to in subsection (4) and, in the
absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(7) A certificate, containing the prescribed
particulars, as to the presence in any sample
30 of blood of a substance that is, or is capable
of being, a prescribed drug for the purposes
of this Part--
(a) purporting to be signed by an approved
analyst; and
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(b) stating that the sample of blood was
analysed in an approved laboratory--
is admissible in evidence in a proceeding
referred to in subsection (4) and, in the
5 absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(8) A certificate containing the prescribed
particulars purporting to be signed by an
approved expert as to the usual effect of a
10 specified substance or substances on
behaviour when consumed or used
(including its effect on a rail safety worker's
ability to carry out rail safety work properly)
is admissible in evidence in any proceedings
15 referred to in subsection (4) and, in the
absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(9) A certificate given under this section must
not be tendered in evidence in a proceeding
20 referred to in subsection (4) without the
consent of the accused unless a copy of the
certificate is proved to have been served on
the accused more than 10 days before the
day on which the certificate is tendered in
25 evidence.
(10) A copy of a certificate given under this
section may be served on the accused by--
(a) delivering it to the accused personally;
or
30 (b) leaving it for the accused at the
accused's last or most usual place of
residence or of business with a person
who apparently resides or works there
and who apparently is not less than
35 16 years of age.
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(11) An affidavit or statutory declaration by a
person who has served a copy of the
certificate on the accused is admissible in
evidence in a proceeding referred to in
5 subsection (4) and, as to the service of the
copy, is proof, in the absence of evidence to
the contrary, of the facts and matters deposed
to in the affidavit or stated in the statutory
declaration.
10 (12) An accused who has been served with a copy
of a certificate given under this section may,
with the leave of the court and not otherwise,
require the person who has given the
certificate or any other person employed, or
15 engaged to provide services at, the place at
which the sample of blood was taken to
attend at all subsequent proceedings for
cross-examination and that person must
attend accordingly.
20 (13) The court must not grant leave under
subsection (12) unless it is satisfied--
(a) that the informant has been given at
least 7 days' notice of the hearing of the
application for leave and has been
25 given an opportunity to make a
submission to the court; and
(b) that--
(i) there is a reasonable possibility
that the blood referred to in a
30 certificate given by an analyst
under subsection (6) or (7) was
not that of the accused; or
(ii) there is a reasonable possibility
that the blood referred to in a
35 certificate given by a registered
medical practitioner or an
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approved health professional had
become contaminated in such a
way that the blood alcohol
concentration found on analysis
5 was higher than it would have
been had the blood not been
contaminated in that way; or
(iii) there is a reasonable possibility
that the blood referred to in a
10 certificate given by a registered
medical practitioner or an
approved health professional had
become contaminated in such a
way that a drug found on analysis
15 would not have been found had
the blood not been contaminated
in that way; or
(iv) for some other reason the giving
of evidence by the person who
20 gave the certificate or any other
person employed, or engaged to
provide services at, the place at
which the sample of blood was
taken would materially assist the
25 court to ascertain relevant facts.
(14) An accused who has been served with a copy
of a certificate given under this section may
not require the person who has given the
certificate or any other person employed, or
30 engaged to provide services at, the place at
which the sample of blood was taken, to
attend the court on the hearing of an
application for leave under subsection (12).
(15) If a registered medical practitioner or an
35 approved health professional is requested to
make an examination or to collect a sample
of blood for the purposes of this section and
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if the rail safety worker to be examined or
from whom a sample of blood is to be
collected has expressed consent to that
examination or collection, no action lies
5 against the registered medical practitioner or
approved health professional who acts in
accordance with that consent even if it
subsequently appears that the worker was in
fact incapable by reason of the worker's
10 mental condition from effectively giving
consent to the examination or collection.
(16) Except as provided in sections 48X and
48ZA, a blood sample must not be taken and
evidence of the result of an analysis of a
15 blood sample must not be tendered unless the
rail safety worker from whom the blood has
been collected has expressed consent to the
collection of the blood and the onus of
proving that expression of consent is on the
20 prosecution.
(17) The mere failure or refusal of a rail safety
worker to express consent must not be used
in evidence against the worker or referred to
in any way against the worker's interests in
25 any proceeding.
(18) A certificate purporting to be signed by a
person--
(a) who took a blood sample; or
(b) who analysed a blood sample--
30 in accordance with the provisions of an Act
of another State or a Territory that
substantially correspond to section 48ZA of
this Act and in accordance with any
regulations made under the corresponding
35 Act is admissible in evidence in a proceeding
referred to in subsection (4) and, in the
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absence of evidence to the contrary, is proof
of the facts and matters contained in it.
(19) Subsections (9), (10), (11) and (12) apply in
respect of a certificate referred to in
5 subsection (18) as if the certificate was given
under this section.
48ZC Evidentiary provisions--oral fluid
samples
(1) In this section--
10 approved analyst means a person who by
virtue of subsection (2) is to be taken to
be a properly qualified analyst for the
purposes of this section;
approved expert means a person who by
15 virtue of subsection (3) is to be taken to
be a properly qualified expert for the
purposes of this section;
approved laboratory means an approved
laboratory within the meaning of
20 section 57B of the Road Safety
Act 1986;
properly qualified analyst means--
(a) an approved analyst; or
(b) a person who carries out an
25 analysis in an approved
laboratory; or
(c) a person who is considered by the
court to have scientific
qualifications, training and
30 experience that qualifies the
person to carry out the analysis
and to express an opinion as to the
facts and matters contained in a
certificate under subsection (6);
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properly qualified expert means--
(a) an approved expert; or
(b) a person who is considered by the
court to have scientific
5 qualifications, training and
experience that qualifies the
person to express an opinion as to
the facts and matters contained in
a certificate under subsection (7).
10 (2) A person who is an approved analyst within
the meaning of section 57B of the Road
Safety Act 1986 is to be taken to be a
properly qualified analyst for the purposes of
this section.
15 (3) A person who is an approved expert within
the meaning of section 57A of the Road
Safety Act 1986 is to be taken to be a
properly qualified expert for the purposes of
this section.
20 (4) If a question as to the presence of a drug in
the body of a rail safety worker at any time is
relevant in a hearing for an offence against
section 128 of the Rail Safety National Law
(Victoria) or section 48H then, without
25 affecting the admissibility of any evidence
which might be given apart from the
provisions of this section, evidence may be
given--
(a) of the furnishing by that rail safety
30 worker, within 3 hours after that rail
safety worker carried out rail safety
work, of a sample of oral fluid;
(b) of the analysis of that sample of oral
fluid by a properly qualified analyst
35 within 12 months after it was taken;
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(c) of the presence of a drug in that sample
of oral fluid at the time of analysis;
(d) by a properly qualified expert of the
usual effect of that drug on behaviour
5 when consumed or used (including its
effect on a rail safety worker's ability to
carry out rail safety work properly).
(5) A certificate containing the prescribed
particulars purporting to be signed by the
10 person who carried out the procedure in the
course of which the sample was provided is
admissible in evidence in any hearing
referred to in subsection (4) and, in the
absence of evidence to the contrary, is proof
15 of the facts and matters contained in it.
(6) A certificate, containing the prescribed
particulars, as to the presence in any sample
of oral fluid of a substance that is, or is
capable of being, a prescribed drug for the
20 purposes of Division 9 of Part 3 of the Rail
Safety National Law (Victoria) and this
Part--
(a) purporting to be signed by an approved
analyst; and
25 (b) stating that the sample of oral fluid was
analysed in an approved laboratory--
is admissible in evidence in any hearing
referred to in subsection (4) and, in the
absence of evidence to the contrary, is proof
30 of the facts and matters contained in it.
(7) A certificate containing the prescribed
particulars purporting to be signed by an
approved expert as to the usual effect of a
specified substance or substances on
35 behaviour when consumed or used
(including its effect on a rail safety worker's
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ability to carry out rail safety work properly)
is admissible in evidence in any hearing
referred to in subsection (4) and, in the
absence of evidence to the contrary, is proof
5 of the facts and matters contained in it.
(8) A certificate given under this section must
not be tendered in evidence at a hearing
referred to in subsection (4) without the
consent of the accused unless a copy of the
10 certificate is proved to have been personally
served on the accused more than 10 days
before the day on which the certificate is
tendered in evidence.
(9) An affidavit or statutory declaration by the
15 person who has personally served a copy of
the certificate on the accused is admissible in
evidence at a hearing referred to in
subsection (4) and, as to the service of the
copy, is proof, in the absence of evidence to
20 the contrary, of the facts and matters deposed
to in the affidavit or stated in the statutory
declaration.
(10) An accused who has been served with a copy
of a certificate given under this section may,
25 with the leave of the court and not otherwise,
require the person who has given the
certificate or any person employed, or
engaged to provide services at, the place at
which the sample of oral fluid was furnished,
30 to attend at all subsequent proceedings for
cross-examination and that person must
attend accordingly.
(11) The court must not grant leave under
subsection (10) unless it is satisfied--
35 (a) that the informant has been given at
least 7 days' notice of the hearing of the
application for leave and has been
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given an opportunity to make a
submission to the court; and
(b) that--
(i) there is a reasonable possibility
5 that the oral fluid referred to in a
certificate given by an analyst
under subsection (6) was not that
of the accused; or
(ii) there is a reasonable possibility
10 that the oral fluid referred to in a
certificate given under subsection
(5) had become contaminated in
such a way that a drug found on
analysis would not have been
15 found had the oral fluid not been
contaminated in that way; or
(iii) for some other reason the giving
of evidence by the person who
gave the certificate would
20 materially assist the court to
ascertain relevant facts.
(12) An accused who has been served with a copy
of a certificate given under this section may
not require the person who has given the
25 certificate or any person employed, or
engaged to provide services at, the place at
which the sample of oral fluid was furnished,
to attend the court on the hearing of an
application for leave under subsection (10).
30 48ZD Evidentiary provisions--breath tests
(1) If--
(a) the question whether a rail safety
worker was or was not at any time
under the influence of alcohol; or
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(b) the presence, or the concentration, of
alcohol in the breath of a rail safety
worker at any time; or
(c) a result of a breath analysis of a rail
5 safety worker--
is relevant on a hearing for an offence
against section 128 of the Rail Safety
National Law (Victoria) or section 48H then,
without affecting the admissibility of any
10 evidence which might be given apart from
the provisions of this section, evidence may
be given of the concentration of alcohol
indicated to be present in the breath of that
person by a breath analysing instrument
15 operated by a person authorised to do so by
the Chief Commissioner of Police under
section 48M and the concentration of alcohol
so indicated is, subject to compliance with
section 48M(6), evidence of the
20 concentration of alcohol present in the breath
of that person at the time that person's breath
is analysed by the instrument.
(2) A document purporting to be a certificate
containing the prescribed particulars
25 produced by a breath analysing instrument of
the concentration of alcohol indicated by the
analysis to be present in the breath of a
person and purporting to be signed by the
person who operated the instrument is
30 admissible in evidence in a proceeding
referred to in subsection (1) and, subject to
subsection (8), is conclusive proof of--
(a) the facts and matters contained in it;
and
35 (b) the fact that the instrument used was a
breath analysing instrument; and
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(c) the fact that the person who operated
the instrument was authorised to do so
by the Chief Commissioner of Police
under section 48M; and
5 (d) the fact that all relevant regulations
relating to the operation of the
instrument were complied with; and
(e) the fact that the instrument was in
proper working order and properly
10 operated; and
(f) the fact that the certificate is identical
in its terms to another certificate
produced by the instrument in respect
of the sample of breath and that it was
15 signed by the person who operated the
breath analysing instrument and given
to the accused person as soon as
practicable after the sample of breath
was analysed--
20 unless the accused person gives notice in
writing to the informant not less than 28 days
before the hearing, or any shorter period
ordered by the court or agreed to by the
informant, that the accused person requires
25 the person giving the certificate to be called
as a witness or that the accused person
intends to adduce evidence in rebuttal of any
such fact or matter.
(3) A certificate referred to in subsection (2)
30 does not cease to be admissible in evidence
or to be conclusive proof of the facts and
matters referred to in that subsection only
because of the fact that it refers to the Road
Safety Act 1986 and not to the Rail Safety
35 National Law (Victoria) or the Rail Safety
National Law Application Act 2013 and
the reference to the Road Safety Act 1986 in
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that certificate and in each other certificate
produced by the breath analysing instrument
in respect of the sample of breath must be
construed for all purposes as a reference to
5 the Rail Safety National Law (Victoria) or
the Rail Safety National Law Application
Act 2013 (as the case requires).
(4) A notice under subsection (2) must specify
any fact or matter with which issue is taken
10 and indicate the nature of any expert
evidence which the accused person intends
to have adduced at the hearing.
(5) The accused person may not, except with the
leave of the court, introduce expert evidence
15 at the hearing if the nature of that evidence
was not indicated in a notice under
subsection (2).
(6) If an accused person gives notice to the
informant in accordance with subsection (2)
20 that the accused person requires the person
giving a certificate to be called as a witness
and the court is satisfied that that person--
(a) is dead; or
(b) is unfit by reason of the person's bodily
25 or mental condition to testify as a
witness; or
(c) has ceased to be a police officer or is
out of Victoria and it is not reasonably
practicable to secure the person's
30 attendance; or
(d) cannot with reasonable diligence be
found--
the court must order that subsection (2) has
effect as if the notice had not been given.
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(7) A certificate referred to in subsection (2)
remains admissible in evidence even if the
accused person gives a notice under that
subsection but, in that event, the certificate
5 ceases to be conclusive proof of the facts and
matters referred to in that subsection.
(8) Nothing in subsection (2) prevents the
informant adducing evidence to explain any
fact or matter contained in a certificate
10 referred to in subsection (2) and, if the
informant does so, the certificate remains
admissible in evidence but ceases to be
conclusive proof of that fact or matter only.
(9) In any proceeding under the Rail Safety
15 National Law (Victoria) or this Act--
(a) the statement of any person that on a
particular date the person was
authorised by the Chief Commissioner
of Police under section 48M(7) to
20 operate breath analysing instruments; or
(b) a certificate purporting to be signed by
the Chief Commissioner of Police that a
person named in it is authorised by the
Chief Commissioner of Police under
25 section 48M(7) to operate breath
analysing instruments--
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
authority of that person.
30 (10) Evidence by a person authorised to operate a
breath analysing instrument under
section 48M--
(a) that an apparatus used by the person on
any occasion under that section was a
35 breath analysing instrument;
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(b) that the breath analysing instrument
was on that occasion in proper working
order and properly operated by that
person;
5 (c) that, in relation to the breath analysing
instrument, all regulations with respect
to breath analysing instruments were
complied with--
is, in the absence of evidence to the contrary,
10 proof of those facts.
(11) The statement on oath of a person authorised
to operate a breath analysing instrument
under section 48M when called as a witness
that any apparatus used by the person on any
15 occasion under section 48M had written,
inscribed or impressed on some portion of it
or on a plate attached to it the expressions--
(a) "Alcotest 7110" and "3530791"; or
(b) "Alcotest 9510AUS" and "8320869"--
20 whether with or without other expressions or
abbreviations of expressions, commas, full
stops, hyphens or other punctuation marks
and whether or not all or any of the numbers
are boxed in is, in the absence of evidence to
25 the contrary, proof that the apparatus is a
breath analysing instrument.
Division 5--Other matters
48ZE Approvals
(1) An authority given under or for the purposes
30 of section 48M, 48P or 48R by the Chief
Commissioner of Police may be revoked at
any time in the manner in which it was given
and on revocation ceases to have any effect.
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(2) If it is provided by or under this Part that the
Minister or the Chief Commissioner of
Police or any other person may approve of
any type or kind of apparatus or
5 equipment--
(a) the approval must be given by notice
published in the Government Gazette;
and
(b) any withdrawal of approval must be
10 made by notice published in the
Government Gazette.'.
18 Regulations
(1) After section 51(1) of the Principal Act insert--
"(1A) The Governor in Council may make
15 regulations for or with respect to--
(a) devices for the purposes of sections 126
and 127 of the Rail Safety National
Law (Victoria) and section 48L
including--
20 (i) the handling, storage, use and
maintenance of those devices;
(ii) the precautions to be taken and the
procedures and methods to be
employed in the use of those
25 devices for ensuring that they give
accurate and reliable results;
(b) the handling, storage, use and
maintenance of breath analysing
instruments used for the purposes of
30 Division 9 of Part 3 of the Rail Safety
National Law (Victoria) and Division 3
of Part 4A and the procedures and
methods to be employed in the use of
those instruments for ensuring that they
35 give accurate and reliable results;
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(c) the methods and conditions to be
observed by--
(i) registered medical practitioners
and approved health professionals
5 in collecting blood, oral fluid or
urine samples; and
(ii) authorised persons in collecting
oral fluid samples;
(d) the persons responsible for the safe-
10 keeping of samples of blood, oral fluids
and urine taken under Division 9 of
Part 3 of the Rail Safety National Law
(Victoria) and Division 3 of Part 4A;
(e) the delivering of portions of a sample
15 of blood, oral fluids or urine taken
under Division 9 of Part 3 of the Rail
Safety National Law (Victoria) and
Division 3 of Part 4A to the rail safety
worker from whom it was taken and to
20 the person who required it to be taken
or a police officer;
(f) the methods to be used by analysts in
determining the concentration of
alcohol in a blood sample;
25 (g) the methods to be used by analysts in
determining the presence of a substance
in a blood, oral fluid or urine sample;
(h) the procedures to be adopted in
transmitting samples of blood, oral
30 fluid or urine to an analyst for analysis;
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(i) the regulation and control of people
concerned in the taking, safe-keeping,
delivering and analysis of blood, oral
fluid or urine samples.".
5 (2) After section 51(2)(b) of the Principal Act
insert--
"(ba) require a matter affected by the regulations
to be--
(i) in accordance with a specified standard
10 or specified requirement; or
(ii) approved by or to the satisfaction of a
specified person or a specified class of
person; or
(iii) as specified in both subparagraphs (i)
15 and (ii);
(bb) apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
20 (ii) as in force at a particular time or as in
force from time to time;
(bc) provide in a specified case or class of case
for the exemption of persons or things or a
class of persons or things from any of the
25 provisions of the regulations, whether
unconditionally or on specified conditions
and either wholly or to such an extent as is
specified;".
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Division 3--Savings and transitionals
19 New Part 8 inserted
After Part 7 of the Principal Act insert--
"Part 8--Savings and
5 transitionals--Rail Safety
Legislation Amendment (National
Services Delivery and Related
Reforms) Act 2019
Division 1--Preliminary
10 159 Definitions
In this Part--
amending Act means the Rail Safety
Legislation Amendment (National
Services Delivery and Related
15 Reforms) Act 2019;
approved rail safety code of practice means
a code of practice within the meaning
of the Local Operations Act;
commencement day means the day on which
20 section 118 of the amending Act comes
into operation;
Note
Section 118 of the Rail Safety Legislation
Amendment (National Services Delivery and
25 Related Reforms) Act 2019 repeals the Rail
Safety (Local Operations) Act 2006.
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Local Operations Act means the Rail Safety
(Local Operations) Act 2006 as in
force from time to time before the
commencement day;
5 Local Operations Act accreditation means
an accreditation under the Local
Operations Act that is in effect
immediately before the commencement
day;
10 Local Operations Act rail infrastructure
means rail infrastructure within the
meaning of the Local Operations Act;
Local Operations Act safety management
system means a safety management
15 system within the meaning of the Local
Operations Act;
rail compliance and investigative purposes
means purposes--
(a) related to ascertaining whether a
20 rail safety law has been, or is
being, complied with, including
whether an offence has been
committed against the rail safety
law; and
25 (b) related to ascertaining whether an
approved rail safety code of
practice has been, or is being,
complied with; and
(c) related to an investigation into a
30 rail safety matter; and
(d) related to an audit under
Division 5 of Part 3 of the Local
Operations Act;
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rail safety law means--
(a) the Local Operations Act or any
regulations made under that Act;
or
5 (b) a provision of the T(SSCE) Act
that but for the amendment of that
Act by the amending Act would
still be in force; or
(c) section 23 of the Crimes
10 Act 1958 but only in relation to
conduct engaged in by a person on
or at, or in the immediate vicinity
of, Local Operations Act rail
infrastructure or rolling stock that
15 places or may place another
person in danger of serious injury;
rail safety matter means an incident
involving Local Operations Act rail
infrastructure or rolling stock that
20 resulted in, or that had the potential to
result in, the death of, or injury to, any
person, or in damage to any property or
equipment, and includes, for example--
(a) any derailment of any rolling
25 stock;
(b) any collision involving any rolling
stock;
(c) any incident resulting from the
construction, maintenance or
30 operation of a railway;
(d) any failure of any part of rail
infrastructure or any rolling stock
or any part of any rolling stock;
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(e) any failure or breach of any
practice or procedure involving
rolling stock;
(f) any fire, explosion or other similar
5 occurrence involving rolling
stock;
(g) any incident in which there is
evidence of systematic safety
deficiencies;
10 rail T(SSCE) Act improvement notice
means an improvement notice within
the meaning of the T(SSCE) Act served
in relation to--
(a) the contravention of a provision of
15 a rail safety law; or
(b) railway operations that threaten
safety or other operations that
threaten rail safety;
rail T(SSCE) Act non-disturbance notice
20 means a non-disturbance notice within
the meaning of the T(SSCE) Act served
in relation to T(SSCE) Act railway
premises or rolling stock;
rail T(SSCE) Act prohibition notice means a
25 prohibition notice within the meaning
of the T(SSCE) Act served in relation
to railway operations, T(SSCE) Act
railway premises, Local Operations Act
rail infrastructure or rolling stock;
30 registered person has the same meaning as
in the Local Operations Act;
relevant road authority has the same
meaning as in the Local Operations
Act;
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transitioning rail infrastructure manager
means a rail infrastructure manager
within the meaning of the Local
Operations Act who on and after the
5 commencement day is a rail
infrastructure manager within the
meaning of the Law;
transitioning rail transport operator
means--
10 (a) a transitioning rail infrastructure
manager; or
(b) a transitioning rolling stock
operator; or
(c) a person who is both a
15 transitioning rail infrastructure
manager and a transitioning
rolling stock operator;
transitioning rolling stock operator means a
rolling stock operator within the
20 meaning of the Local Operations Act
who on and after the commencement
day is a rolling stock operator within
the meaning of the Law;
transport safety officer means a person
25 appointed under section 116 of the
T(SSCE) Act whose appointment is in
effect from time to time before the
commencement day;
T(SSCE) Act means the Transport
30 (Safety Schemes Compliance and
Enforcement) Act 2014 as in force
from time to time before the
commencement day;
T(SSCE) Act railway premises means
35 railway premises within the meaning of
the T(SSCE) Act.
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160 Application of Interpretation of
Legislation Act 1984
Except where the contrary intention appears,
this Part, and any regulations made under
5 this Part, do not affect or take away from the
Interpretation of Legislation Act 1984.
Division 2--Transition from the Rail
Safety (Local Operations) Act 2006
161 Persons approved to take blood samples
10 On the commencement day, a person
approved under section 8 of the Local
Operations Act whose approval is in effect
immediately before that day is taken to have
been approved under section 48B for the
15 purposes of this Act and the Law.
Note
See also paragraph (b) of the definition of approved health
professional in section 48A.
162 Safety management systems
20 (1) This section applies if a transitioning rail
transport operator has in place a Local
Operations Act safety management system
immediately before the commencement day.
(2) On the commencement day the Local
25 Operations Act safety management system is
taken to be a safety management system
approved by the Regulator under Division 6
of Part 3 of the Law.
163 Consultations for the purpose of safety
30 management systems
(1) This section applies if a transitioning rail
transport operator has commenced but not
determined, before the commencement day,
consultation for the purposes of establishing
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a Local Operations Act safety management
system.
(2) On and after the commencement day, that
consultation is taken to be consultation to
5 which section 99(3) of the Law applies.
164 System and arrangements established by
transitioning rail operator who is exempt
from accreditation
A system and arrangements established by a
10 transitioning rail transport operator pursuant
to section 28B of the Local Operations Act
that are in effect immediately before the
commencement day are taken, on that day, to
be a system and arrangements established
15 under Subdivision 1 of Division 6 of Part 3
of the Law.
165 Safety audits
A safety audit conducted under section 29 of
the Local Operations Act in relation to a
20 transitioning rail transport operator before
the commencement day is taken on that day
to be an audit under section 133 of the Law.
166 Directions to stop railway operations or
utility works
25 (1) A direction given under section 33(1) of the
Local Operations Act to a person that is a
utility within the meaning of that Act that is
in effect immediately before the
commencement day is taken, on that day, to
30 be a direction given to that person under
section 199(2) of the Law.
(2) A direction given to a transitioning rail
transport operator under section 33(2) of the
Local Operations Act that is in effect
35 immediately before the commencement day
is taken, on that day, to be a direction given
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to that operator under section 199(3) of the
Law.
167 Directions to alter, demolish or take away
works
5 (1) On the commencement day, a direction--
(a) given under section 34(1) of the Local
Operations Act to a person that is a
utility within the meaning of that Act
and who has care, control or
10 management of the land where the
works are situated; and
(b) that is in effect immediately before that
day--
is taken to be a direction given to that person
15 under section 199(5) of the Law.
(2) On the commencement day, a direction--
(a) given under section 34(1) of the Local
Operations Act to a transitioning rail
transport operator who has care, control
20 or management of the land where the
Local Operations Act rail infrastructure
the operator controls is situated; and
(b) that is in effect immediately before that
day--
25 is taken to be a direction given to that
operator under section 199(5) of the Law.
168 Safety interface agreements--railway
operations
A safety interface agreement entered into by
30 a transitioning rail transport operator
pursuant to section 34B of the Local
Operations Act that is in effect immediately
before the commencement day is taken, on
that day, to be an interface agreement
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entered into by them pursuant to section 106
of the Law.
169 Safety interface agreements--rail
infrastructure and public roadways or
5 pathways
A safety interface agreement entered into by
a transitioning rail infrastructure manager
pursuant to section 34C of the Local
Operations Act that is in effect immediately
10 before the commencement day is taken, on
that day, to be an interface agreement
entered into by them pursuant to
section 107(1) of the Law.
170 Safety interface agreements--rail
15 infrastructure and relevant roadways or
pathways
A safety interface agreement entered into by
a transitioning rail infrastructure manager
pursuant to section 34D of the Local
20 Operations Act that is in effect immediately
before the commencement day is taken, on
that day, to be an interface agreement
entered into by them pursuant to
section 108(1) of the Law.
25 171 Safety interface agreements--assessment
by relevant road authorities of public
roadways or pathways
A safety interface agreement entered into by
a relevant road authority pursuant to
30 section 34E of the Local Operations Act that
is in effect immediately before the
commencement day is taken, on that day, to
be an interface agreement entered into by
them pursuant to section 107(2) of the Law if
35 they are, on and after that day, a road
manager under that Law.
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172 Safety interface agreements--assessment
by relevant road authorities of relevant
roadways or pathways
A safety interface agreement entered into by
5 a relevant road authority pursuant to
section 34F of the Local Operations Act that
is in effect immediately before the
commencement day is taken, on that day, to
be an interface agreement entered into by
10 them pursuant to section 108(2) of the Law if
they are, on and after that day, a road
manager under that Law.
173 Written notices of Safety Director in
relation to safety interface agreements
15 A written notice served on a transitioning rail
transport operator or a relevant road
authority under section 34J(2) of the Local
Operations Act that is in effect immediately
before the commencement day is taken, on
20 that day, to be a written notice given to that
person under section 110(2) of the Law.
174 Directions of Safety Director in relation to
safety interface agreements
A direction under section 34J(5)(b) of the
25 Local Operations Act that is in effect
immediately before the commencement day
is taken, on that day, to be a direction under
section 110(4)(b) of the Law.
175 Registers of safety interface agreements
30 (1) A register maintained by a transitioning rail
transport operator pursuant to section 34K(1)
of the Local Operations Act is taken, on and
after the commencement day, to be a register
maintained by the operator pursuant to
35 section 111(1) of the Law.
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(2) A register maintained by a relevant road
authority pursuant to section 34K(2) of the
Local Operations Act is taken, on and after
the commencement day, to be a register
5 maintained by the authority pursuant to
section 111(2) of the Law.
176 Accredited rail transport operators are
accredited persons
A transitioning rail transport operator who is
10 an accredited rail transport operator within
the meaning of the Local Operations Act
immediately before the commencement day
is taken, on that day, to be an accredited
person.
15 177 Accreditations under Rail Safety (Local
Operations) Act 2006 are accreditations
under the Law
An accreditation within the meaning of the
Local Operations Act that is in effect before
20 the commencement day is taken, on that day,
to be--
(a) an accreditation under the Law; and
(b) subject to conditions and restrictions
that are the same as the conditions and
25 restrictions that applied to the
accreditation under the Local
Operations Act immediately before the
commencement day.
Note
30 See also section 187 for accreditations that are in effect on
the commencement day but will be cancelled on or after that
day.
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178 Accreditations to be registered in National
Rail Safety Register
(1) On and after the commencement day, the
Safety Director must give to the Regulator
5 details of every accreditation within the
meaning of the Local Operations Act to
which sections 177 and 187 apply.
(2) The Regulator must record in the National
Rail Safety Register the details given to the
10 Regulator under subsection (1).
179 Applications for accreditation
(1) This section applies if--
(a) a transitioning rail transport operator
has made an application under
15 section 38(1) or (2) of the Local
Operations Act before the
commencement day (an accreditation
application); and
(b) the Safety Director has not determined
20 the accreditation application under
Division 2 of Part 5 of the Local
Operations Act before that day; and
(c) an application has not been made under
section 88 of the Local Operations Act
25 in relation to the accreditation
application before that day.
Note
For initial accreditations in relation to which
there are internal reviews that have not been
30 completed before the commencement day, see
section 189.
(2) On the commencement day, the accreditation
application is taken to be an application
under section 64 of the Law and the
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Regulator must determine the application
under that Law on and after that day.
(3) For the purposes of subsection (2), anything
done by the Safety Director under the Local
5 Operations Act in respect of the accreditation
application before the commencement day is
taken on that day to have been done by the
Regulator under the Law.
(4) In addition--
10 (a) any period during which the Safety
Director is considering the accreditation
application under the Local Operations
Act before the commencement day is
taken, on that day, to form part of the
15 relevant period for the purposes of
section 67 of the Law; and
(b) any notification under section 44(3) of
the Local Operations Act in relation to
the accreditation application is taken,
20 on the commencement day, to be a
written notice under paragraph (c) of
the definition of relevant period
(as defined under section 67(5) of the
Law).
25 180 Directions to coordinate accreditation
applications
(1) Subject to subsection (2), a direction of the
Safety Director under section 43 of the Local
Operations Act that is in effect immediately
30 before the commencement day is taken, on
that day, to be a direction of the Regulator
under section 66 of the Law.
(2) Subsection (1) does not apply to a direction
under section 43 of the Local Operations Act
35 that is in effect immediately before the
commencement day and is the subject of a
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review under section 88 of that Act that has
not been completed before that day.
Note
See also section 189.
5 181 Emergency plan
An emergency plan prepared by a
transitioning rail transport operator that is in
effect for the purposes the Local Operations
Act before the commencement day is taken,
10 on that day, to be an emergency management
plan that the rail transport operator is
required to have under section 113 of
the Law.
182 Discretionary applications for variations
15 of accreditation
(1) This section applies if--
(a) a transitioning rail transport operator
has made an application under
section 53 of the Local Operations Act
20 before the commencement day
(a variation application); and
(b) the Safety Director has not determined
that application before that day.
(2) On the commencement day the variation
25 application is taken to be an application
under section 68(1) of the Law and the
Regulator must determine the application
under that Law on and after that day.
(3) For the purposes of subsection (2), anything
30 done by the Safety Director under the Local
Operations Act in respect of the variation
application before the commencement day is
taken on that day to have been done by the
Regulator under the Law.
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183 Mandatory applications for variations of
accreditation
(1) This section applies if--
(a) a transitioning rail transport operator
5 has made an application under
section 54 of the Local Operations Act
before the commencement day
(a mandatory variation application);
and
10 (b) the Safety Director has not determined
the mandatory variation application
before that day.
(2) On the commencement day the mandatory
variation application is taken to be an
15 application under section 68(2) of the Law
and the Regulator must determine the
application under that Law on and after that
day.
(3) For the purposes of subsection (2), anything
20 done by the Safety Director under the Local
Operations Act in respect of the mandatory
variation application before the
commencement day is taken on that day to
have been done by the Regulator under the
25 Law.
184 Variation, revocation or imposition of
condition of or restriction on accreditation
by Safety Director
(1) This section applies if before the
30 commencement day--
(a) the Safety Director has--
(i) decided under section 55(1) of the
Local Operations Act to vary or
revoke a condition of or restriction
35 on, or impose a new condition of
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or restriction on, an accreditation
within the meaning of that Act
held by a transitioning rail
transport operator; and
5 (ii) given written notice to the
operator under section 55(2)(a) of
that Act before the
commencement day; and
(b) the Safety Director has not taken any
10 action under that section before that
day.
(2) On and after the commencement day--
(a) the decision under section 55(1) of the
Local Operations Act is taken to be a
15 decision of the Regulator under
section 72 of the Law; and
(b) that notice is taken to be notice given to
the transitioning rail transport operator
by the Regulator under section
20 72(2)(a) of the Law; and
(c) the Regulator may act under section 72
of the Law as if the Regulator took the
decision to do so under that section.
(3) For the purposes of subsection (2)(b), any
25 period of days within which the transitioning
rail transport operator is allowed to make
written representations under section
55(2)(b) of the Local Operations Act before
the commencement day is taken, on the
30 commencement day, to form part of the
period of days allowed for written
representations under section 72(2)(b) of the
Law.
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185 Surrender of accreditation
(1) This section applies if--
(a) a transitioning rail transport operator
holds an accreditation within the
5 meaning of the Local Operations Act;
and
(b) has requested the Safety Director to
consent to the surrender of that
accreditation under section 56 of that
10 Act before the commencement day; and
(c) the Safety Director has not given their
consent before that day.
(2) On the commencement day, that request is
taken to be written notice of an intention to
15 surrender the accreditation under section
75(2)(a) of the Law and the Regulator must
deal with it under that section.
186 Suspended accreditations
(1) This section applies if--
20 (a) an accreditation within the meaning of
the Local Operations Act held by a
transitioning rail transport operator has
been suspended under section 58 or 59
of the Local Operations Act before the
25 commencement day; and
(b) that suspension is in effect immediately
before that day.
(2) On the commencement day, the
suspension--
30 (a) is taken to be a suspension of that
operator's accreditation under
section 73 or 74 of the Law, as the case
requires; and
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(b) continues in effect until the date set by
the Safety Director under the Local
Operations Act.
187 Cancellations of accreditations that have
5 not taken effect
(1) This section applies if--
(a) an accreditation within the meaning of
the Local Operations Act held by a
transitioning rail transport operator has
10 been cancelled under section 59 of the
Local Operations Act before the
commencement day; and
(b) that cancellation will take effect on or
after the commencement day.
15 (2) On the commencement day, the cancellation
is taken to be a cancellation of that operator's
accreditation under section 73(2)(b) of the
Law on the day on which that cancellation
would have taken effect if the Local
20 Operations Act had not been repealed.
188 Accreditation of rail infrastructure
managers of registered private sidings
that are freight terminals
(1) This section applies if immediately before
25 the commencement day a transitioning rail
infrastructure manager is a registered person
in respect of a private siding that is a freight
terminal.
(2) On the commencement day, the transitioning
30 rail infrastructure manager is taken to be an
accredited person under the Law who holds
an accreditation under the Law that is subject
to conditions and restrictions that are the
same as the conditions and restrictions that
35 applied to the manager's registration under
Division 7 of Part 5 of the Local Operations
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Act immediately before the commencement
day.
189 Pending applications for internal review
(1) This section applies if--
5 (a) an application has been made under
section 88 of the Local Operations Act
before the commencement day in
relation to a decision specified in the
Table (a review application); and
10 (b) the review as provided under section 88
of the Local Operations Act has not
been completed before the
commencement day.
Table
Item Decision
1 Decision that refuses an application for
accreditation under Division 2 of Part 5 of
the Local Operations Act
2 Decision under section 43 of the Local
Operations Act that directs a person to
co-ordinate their application for
accreditation under Division 2 of Part 5 of
that Act
3 Decision under section 46 of the Local
Operations Act that imposes a condition on,
or restricts the scope of, a transitioning rail
transport operator's accreditation under
Division 2 of Part 5 of that Act
4 Decision under section 53 of the Local
Operations Act that refuses to grant a
variation of a condition or restriction of a
transitioning rail transport operator's Local
Operations Act accreditation
5 Decision under section 53 of the Local
Operations Act that refuses to agree to a
revocation of a condition or restriction of a
transitioning rail transport operator's Local
Operations Act accreditation
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Item Decision
6 Decision under section 54 of the Local
Operations Act that refuses to vary a
transitioning rail transport operator's
accreditation
7 Decision under section 55 of the Local
Operations Act that varies or revokes a
condition of or restriction on a transitioning
rail transport operator's Local Operations
Act accreditation
8 Decision under section 55 of the Local
Operations Act that imposes a condition of
or restriction on a transitioning rail transport
operator's Local Operations Act
accreditation
9 Decision under section 56 of the Local
Operations Act that refuses consent to the
surrender of a transitioning rail transport
operator's Local Operations Act
accreditation
10 Decision under section 58 of the Local
Operations Act that immediately suspends a
transitioning rail transport operator's Local
Operations Act accreditation
(2) On the commencement day the review
application is taken to be an application
under section 216 of the Law in a form
approved by the Regulator under that section
5 and the Regulator must determine the
application on and after that day in
accordance with the Law.
(3) For the purposes of subsection (2)--
(a) anything done by the Safety Director
10 under the Local Operations Act in
respect of the review application before
the commencement day is taken on that
day to have been done by the Regulator
under the Law; and
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(b) the commencement day is taken to be
the day on which the review application
was made.
190 Internal review of decision to take
5 disciplinary action--imposition of new
condition or restriction
(1) This section applies if--
(a) an application is made under section 88
of the Local Operations Act by a
10 transitioning rail transport operator
before the commencement day in
relation to a decision under section 59
of the Local Operations Act that
imposes a condition or restriction on
15 the operator's Local Operations Act
accreditation (the reviewable decision);
and
Note
See section 59(3)(b)(ii) of the Rail Safety
20 (Local Operations) Act 2006.
(b) the review as provided under section 88
of the Local Operations Act has not
been completed before the
commencement day.
25 (2) Despite the repeal of the Local Operations
Act, on and after the commencement day, the
Regulator must complete the review in
accordance with that Act as if--
(a) that Act were still in force; and
30 (b) a reference to the Safety Director in
that Act were a reference to the
Regulator.
(3) If under section 88 of the Local Operations
Act the Regulator affirms the reviewable
35 decision (the new decision), the transitioning
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rail transport operator is taken, on the day the
new decision takes effect, to be an accredited
person holding an accreditation under the
Law subject to--
5 (a) a condition or restriction that is the
same as the condition or restriction
imposed under the reviewable decision;
and
(b) conditions and restrictions that are the
10 same as all the other conditions or
restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable
decision.
15 (4) If under section 88 of the Local Operations
Act the Regulator varies or sets aside the
reviewable decision and imposes a condition
or restriction on the operator's Local
Operations Act accreditation that differs
20 from that imposed under the reviewable
decision (the new decision), the transitioning
rail transport operator is taken, on the day the
new decision takes effect, to be an accredited
person holding an accreditation under the
25 Law subject to--
(a) the condition or restriction imposed
under the new decision; and
(b) conditions and restrictions that are the
same as all the other conditions or
30 restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable
decision.
(5) If under section 88 of the Local Operations
35 Act the Regulator sets aside the reviewable
decision (the new decision), the transitioning
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rail transport operator is taken, on the day the
new decision takes effect, to be an accredited
person holding an accreditation under the
Law subject to the conditions and restrictions
5 that are the same as the conditions and
restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable decision.
191 Internal review of decision to take
10 disciplinary action--imposition of expiry
date on accreditation
(1) This section applies if--
(a) an application is made under section 88
of the Local Operations Act by a
15 transitioning rail transport operator
before the commencement day in
relation to a decision under section 59
of the Local Operations Act (the
reviewable decision) that imposes an
20 expiry date on the operator's Local
Operations Act accreditation; and
Note
See section 59(3)(b)(iii) of the Rail Safety
(Local Operations) Act 2006.
25 (b) the review as provided under section 88
of the Local Operations Act has not
been completed before the
commencement day.
(2) Despite the repeal of the Local Operations
30 Act, on and after the commencement day, the
Regulator must complete the review in
accordance with that Act as if--
(a) that Act were still in force; and
(b) a reference to the Safety Director in
35 that Act were a reference to the
Regulator.
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(3) If under section 88 of the Local Operations
Act the Regulator affirms the reviewable
decision (the new decision), the transitioning
rail transport operator's Local Operations Act
5 accreditation is taken, on the day the new
decision takes effect, to be cancelled by the
Regulator under section 73(2)(b) of the Law
with effect from the date specified in the
reviewable decision as the date of expiry of
10 the accreditation.
(4) If under section 88 of the Local Operations
Act the Regulator varies or sets aside the
reviewable decision and imposes a date of
expiry on the operator's accreditation that
15 differs from that imposed under the
reviewable decision (the new decision), the
transitioning rail transport operator's Local
Operations Act accreditation is taken, on the
day the new decision takes effect, to be
20 cancelled by the Regulator under section
73(2)(b) of the Law with effect from the date
specified in the new decision as the date of
expiry of the accreditation.
(5) If under section 88 of the Local Operations
25 Act the Regulator sets aside the reviewable
decision (the new decision), the transitioning
rail transport operator is taken, on the day the
new decision of the Regulator takes effect, to
be an accredited person holding an
30 accreditation under the Law subject to
conditions and restrictions that are the same
as the conditions and restrictions that applied
to the operator's Local Operations Act
accreditation immediately before the
35 reviewable decision.
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192 Internal review of decision to take
disciplinary action--suspension
(1) This section applies if--
(a) an application is made under section 88
5 of the Local Operations Act by a
transitioning rail transport operator
before the commencement day in
relation to a decision under section 59
of the Local Operations Act to suspend
10 the operator's Local Operations Act
accreditation (the reviewable decision);
and
Note
See section 59(3)(b)(iv) of the Rail Safety
15 (Local Operations) Act 2006.
(b) the review as provided under section 88
of the Local Operations Act has not
been completed before the
commencement day.
20 (2) Despite the repeal of the Local Operations
Act, on and after the commencement day, the
Regulator must complete the review in
accordance with that Act as if--
(a) that Act were still in force; and
25 (b) a reference to the Safety Director in
that Act were a reference to the
Regulator.
(3) If under section 88 of the Local Operations
Act the Regulator affirms the reviewable
30 decision (the new decision), the transitioning
rail transport operator is taken, on the day the
new decision takes effect, to be an accredited
person--
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(a) holding an accreditation under the Law
subject to conditions and restrictions
that are the same as the conditions and
restrictions that applied to the operator's
5 Local Operations Act accreditation
immediately before the reviewable
decision; and
(b) whose accreditation has been
suspended by the Regulator under
10 section 73(2)(a) of the Law until the
day on which the suspension ends.
(4) If under section 88 of the Local Operations
Act the Regulator varies the reviewable
decision and imposes a new period of
15 suspension (the new decision), the
transitioning rail transport operator is taken,
on the day the new decision takes effect, to
be an accredited person--
(a) holding an accreditation under the Law
20 subject to conditions and restrictions
that are the same as the conditions and
restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable
25 decision; and
(b) whose accreditation has been
suspended by the Regulator under
section 73(2)(a) of the Law until the
day on which that new period of
30 suspension ends.
(5) If under section 88 of the Local Operations
Act the Regulator sets aside the reviewable
decision (the new decision), the transitioning
rail transport operator is taken, on the day the
35 new decision takes effect, to be an accredited
person holding an accreditation under the
Law subject to conditions and restrictions
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that are the same as the conditions and
restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable decision.
5 193 Internal review of decision to take
disciplinary action--cancellation
(1) This section applies if--
(a) an application is made under section 88
of the Local Operations Act by a
10 transitioning rail transport operator
before the commencement day in
relation to a decision under section 59
of the Local Operations Act (the
reviewable decision) to cancel the
15 operator's Local Operations Act
accreditation; and
Note
See section 59(3)(b)(v) of the Rail Safety
(Local Operations) Act 2006.
20 (b) the review as provided under section 88
of the Local Operations Act has not
been completed before the
commencement day.
(2) Despite the repeal of the Local Operations
25 Act, on and after the commencement day, the
Regulator must complete the review in
accordance with that Act as if--
(a) that Act were still in force; and
(b) a reference to the Safety Director in
30 that Act were a reference to the
Regulator.
(3) If under section 88 of the Local Operations
Act the Regulator affirms the reviewable
decision (the new decision), the transitioning
35 rail transport operator's Local Operations Act
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accreditation is taken, on the day the new
decision takes effect, to be cancelled by the
Regulator under section 73(2)(b) of the Law.
(4) If under section 88 of the Local Operations
5 Act the Regulator sets aside the reviewable
decision (the new decision), the transitioning
rail transport operator is taken, on the day the
new decision takes effect, to be an accredited
person holding an accreditation under the
10 Law subject to conditions and restrictions
that are the same as the conditions and
restrictions that applied to the operator's
Local Operations Act accreditation
immediately before the reviewable decision.
15 Division 3--Transition on amendment
of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014
194 Things seized under seizure power
(1) This section applies if--
20 (a) a transport safety officer seizes a thing
under section 8 of the T(SSCE) Act at
T(SSCE) Act railway premises or on
rolling stock before the commencement
day; and
25 (b) the thing seized is in the possession or
control of the officer or Safety Director
immediately before that day.
(2) On the commencement day, the thing seized
is taken to have been seized at railway
30 premises under section 158 of the Law by
that officer as if they were a rail safety
officer.
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195 Securing a site or restricting access to
rolling stock
A site, the perimeter of which is secured for
rail compliance and investigative purposes,
5 or rolling stock to which access is restricted,
under section 16 of the T(SSCE) Act
immediately before the commencement day
is taken on and after that day to be secured
under section 149 of the Law.
10 196 Things seized under a search warrant
(1) This section applies if--
(a) a transport safety officer seizes a thing
under a search warrant issued under
section 18 of the T(SSCE) Act; and
15 (b) the search warrant was issued in
relation to an offence against a rail
safety law; and
(c) the thing seized is in the possession or
control of the officer or Safety Director
20 immediately before that day.
(2) On the commencement day, the thing seized
is taken to have been seized under a search
warrant issued under section 150 of the Law
by that officer as if they were a rail safety
25 officer.
197 Search warrant
(1) This section applies if--
(a) a search warrant has been issued under
section 18 of the T(SSCE) Act in
30 relation to a rail safety law; and
(b) the search warrant has not been
executed before the commencement
day.
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(2) On and after the commencement day, the
search warrant is taken to have been issued
under section 150 of the Law.
198 Direction to require production of
5 document
(1) This section applies if--
(a) a transport safety officer has given a
direction to a person under section 22
of the T(SSCE) Act before the
10 commencement day to produce a
document within a specified period that
ends on or after that day; and
(b) the person has not produced that
document before that day.
15 (2) On the commencement day, the direction is
taken to be a direction under section 168A of
the Law given by the Regulator and the day
that the specified period ends is taken to be a
specified time for the purposes of section
20 168A of that Law.
199 Powers to support seizure
(1) A relevant direction given under section 29
of the T(SSCE) Act before the
commencement day that has not been
25 complied with before that day is taken, on
that day, to be a direction given under
section 159 of the Law.
(2) In this section--
relevant direction means a direction that
30 relates to the seizure of a thing--
(a) at T(SSCE) Act railway premises
or on rolling stock; or
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(b) under a search warrant issued--
(i) under section 18 of the
T(SSCE) Act; and
(ii) in relation to an offence
5 against a rail safety law.
200 Power to direct a things return
(1) A relevant direction given under section 30
of the T(SSCE) Act before the
commencement day that has not been
10 complied with before that day is taken, on
that day, to be a direction given under
section 160 of the Law.
(2) In this section--
relevant direction means a direction in
15 relation to a thing seized--
(a) at T(SSCE) Act railway premises
or on rolling stock; or
(b) under a search warrant issued--
(i) under section 18 of the
20 T(SSCE) Act; and
(ii) in relation to an offence
against a rail safety law.
201 Receipt of seized things
(1) This section applies if--
25 (a) a receipt was given under section 31 of
the T(SSCE) Act before the
commencement day in respect of a
thing seized--
(i) at T(SSCE) Act railway premises
30 or on rolling stock; or
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(ii) under a search warrant issued--
(A) under section 18 of the
T(SSCE) Act; and
(B) in relation to an offence
5 against a rail safety law; and
(b) that thing is taken under section 194 or
196 to be a thing seized under section
158 or 150 of the Law, as the case
requires.
10 (2) On the commencement day, the receipt is
taken to be a receipt given under section 161
of the Law.
202 Power to require production of documents
and to answer questions
15 A direction given under section 43 of the
T(SSCE) Act for rail compliance and
investigative purposes before the
commencement day that has not been
complied with before the commencement
20 day is taken, on that day, to be a requirement
made under section 154 of the Law.
203 Improvement notices
A rail T(SSCE) Act improvement notice
served before the commencement day that
25 has not been cancelled under section 55 of
the T(SSCE) Act before the commencement
day is taken, on that day, to be an
improvement notice issued under section 175
of the Law.
30 204 Prohibition notices
A rail T(SSCE) Act prohibition notice served
before the commencement day that has not
been withdrawn under section 65 of the
T(SSCE) Act before the commencement day
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is taken, on that day, to be a prohibition
notice issued under section 179 of the Law.
205 Non-disturbance notices
A rail T(SSCE) Act non-disturbance notice
5 served before the commencement day that
has not been cancelled under section 75 of
the T(SSCE) Act before the commencement
day is taken, on that day, to be a
non-disturbance notice issued under
10 section 182 of the Law.
206 Injunctions for non-compliance with
notices
(1) A relevant injunction granted after an
application under section 82 of the T(SSCE)
15 Act before the commencement day and that
is still in effect on the commencement day is
taken, on that day, to be an injunction
granted after an application under
section 197 of the Law.
20 (2) In this section--
relevant injunction means an injunction
granted in relation to--
(a) a rail T(SSCE) Act improvement
notice; or
25 (b) a rail T(SSCE) Act prohibition
notice; or
(c) a rail T(SSCE) Act
non-disturbance notice.
207 Enforceable undertakings
30 (1) This section applies if--
(a) the Safety Director has accepted an
undertaking by a transitioning rail
transport operator under section 83 of
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the T(SSCE) Act before the
commencement day; and
(b) that undertaking has not been
withdrawn before the commencement
5 day.
(2) On the commencement day, the undertaking
is taken to be a rail safety undertaking by the
transitioning rail transport operator accepted
by the Regulator under section 251 of the
10 Law.
208 Pending applications for internal review
(1) This section applies if--
(a) an application has been made under
section 100 of the T(SSCE) Act before
15 the commencement day in relation to a
decision specified in the Table
(a review application); and
(b) the review as provided under
section 100 of the T(SSCE) Act has not
20 been completed before the
commencement day.
Table
Item Decision
1 Decision under section 33 of the T(SSCE)
Act in relation to a thing seized under
section 8 of that Act at T(SSCE) Act railway
premises or on rolling stock
2 Decision under section 33 of the T(SSCE)
Act in relation to a thing seized under a
search warrant issued under section 18 of
that Act in relation to an offence against a
rail safety law
3 Decision under section 50 of the T(SSCE)
Act to serve a rail T(SSCE) Act
improvement notice
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Item Decision
4 Decision under section 59 of the T(SSCE)
Act to extend the compliance period for a
rail T(SSCE) Act improvement notice
5 Decision under section 60 of the T(SSCE)
Act to serve a rail T(SSCE) Act prohibition
notice
6 Decision under section 71 of the T(SSCE)
Act to serve a rail T(SSCE) Act non-
disturbance notice
7 Decision under section 90 of the T(SSCE)
Act directing the taking of specified action
following a safety report (as defined by
section 90(5) of that Act)
8 Decision under section 91(2) of the T(SSCE)
Act directing work be stopped, altered or not
commenced
9 Decision under section 91(3) of the T(SSCE)
Act directing railway operations be stopped,
altered or not commenced
(2) On the commencement day the review
application is taken to be an application
under section 216 of the Law in a form
approved by the Regulator under that section
5 and the Regulator must determine the
application on and after that day in
accordance with the Law.
(3) For the purposes of subsection (2)--
(a) anything done by the Safety Director
10 under the Local Operations Act in
respect of the review application before
the commencement day is taken on that
day to have been done by the Regulator
under the Law; and
15 (b) the commencement day is taken to be
the day on which the review application
was made.
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209 Internal review of decision to serve
clearance certificate--improvement notice
(1) This section applies if--
(a) an application has been made under
5 section 100 of the T(SSCE) Act before
the commencement day in relation to a
decision to serve a clearance certificate
for a rail T(SSCE) Act improvement
notice under section 56(2)(a) of that
10 Act (the reviewable decision); and
(b) the review as provided under
section 100 of the T(SSCE) Act has not
been completed before the
commencement day.
15 (2) On and after the commencement day, the
Regulator must complete the review in
accordance with the T(SSCE) Act as if--
(a) that Act had not been amended by
Part 3 of the amending Act; and
20 (b) a reference to the Safety Director in
that Act were a reference to the
Regulator.
(3) If under section 100 of the T(SSCE) Act the
Regulator affirms the reviewable decision
25 (the new decision), the rail T(SSCE) Act
improvement notice is taken, on the day the
new decision takes effect, to be cancelled
under section 190 of the Law.
(4) If under section 100 of the T(SSCE) Act the
30 Regulator sets aside the reviewable decision
and substitutes a new decision under which
no clearance certificate is issued in relation
to the rail T(SSCE) Act improvement notice
(the new decision), the rail T(SSCE) Act
35 improvement notice is taken, on the day the
new decision takes effect, to be an
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improvement notice issued under section 175
of the Law subject to all the requirements of
the improvement notice.
210 Internal review of decision to serve
5 certificate--prohibition notice
(1) This section applies if--
(a) an application has been made under
section 100 of the T(SSCE) Act before
the commencement day in relation to a
10 decision to serve a certificate for a rail
T(SSCE) Act prohibition notice under
section 66 of that Act (the reviewable
decision); and
(b) the review as provided under
15 section 100 of the T(SSCE) Act has not
been completed before the
commencement day.
(2) On and after the commencement day, the
Regulator must complete the review in
20 accordance with the T(SSCE) Act as if--
(a) that Act had not been amended by
Part 3 of the amending Act; and
(b) a reference to the Safety Director in
that Act were a reference to the
25 Regulator.
(3) If under section 100 of the T(SSCE) Act the
Regulator affirms the reviewable decision
(the new decision), the rail T(SSCE) Act
prohibition notice is taken, on the day the
30 new decision takes effect, to be cancelled
under section 190 of the Law.
(4) If under section 100 of the T(SSCE) Act the
Regulator sets aside the reviewable decision
and substitutes a new decision under which
35 no certificate is issued in relation to the rail
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T(SSCE) Act prohibition notice (the new
decision), the rail T(SSCE) Act prohibition
notice is taken, on the day the new decision
takes effect, to be a prohibition notice issued
5 under section 179 of the Law subject to all
the matters specified in the prohibition
notice.
211 Effect of amendments on a proceeding for
an offence against rail safety law
10 committed before commencement day
Despite the amendments made to the
T(SSCE) Act by Part 3 of the amending Act,
the T(SSCE) Act continues to apply to a
proceeding for an offence against a rail
15 safety law committed before the
commencement day.
Division 4--General
212 Provision of information and assistance by
the Safety Director to the Regulator
20 (1) On and after the commencement day, the
Safety Director is authorised, on their own
initiative or at the request of the Regulator--
(a) to provide the Regulator with such
information (including information
25 given in confidence) in the possession
or control of the Safety Director that is
reasonably required by the Regulator or
for the purposes of the Law and this
Act (as amended by the Rail Safety
30 Legislation Amendment (National
Services Delivery and Related
Reforms) Act 2019); and
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(b) to provide the Regulator with such
other assistance as is reasonably
required by the Regulator to perform a
function or duty or exercise a power
5 conferred or imposed under the Law
and this Act.
(2) In subsection (1), information includes
health information and personal information
collected by the Safety Director in the
10 exercise or performance of a function or
power under the Local Operations Act.
(3) Nothing done, or authorised to be done, by
the Safety Director in acting under
subsection (1)--
15 (a) constitutes a breach of, or default
under, an Act or other law; or
(b) constitutes a breach of, or default
under, a contract, agreement,
understanding or undertaking; or
20 (c) constitutes a breach of a duty of
confidence (whether arising by
contract, in equity or by custom) or in
any other way; or
(d) constitutes a civil or criminal wrong; or
25 (e) terminates an agreement or obligation
or fulfils any condition that allows a
person to terminate an agreement or
obligation, or gives rise to any other
right or remedy; or
30 (f) releases a surety or any other obligee
wholly or in part from an obligation.
(4) This section applies despite any other Act or
law (other than the Charter of Human
Rights and Responsibilities Act 2006).
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(5) In this section--
health information has the meaning given in
section 3(1) of the Health Records
Act 2001;
5 personal information has the meaning given
in section 3(1) of the Health Records
Act 2001 and section 3 of the Privacy
and Data Protection Act 2014.
213 Regulations dealing with transitional
10 matters
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
15 result of the enactment of the Rail Safety
Legislation Amendment (National
Services Delivery and Related Reforms)
Act 2019, including any repeals and
amendments made by or as a result of the
20 enactment of that Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or after a date not earlier than the day
on which the Rail Safety Legislation
25 Amendment (National Services
Delivery and Related Reforms)
Act 2019 receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to time, place or
30 circumstance;
(d) leave any matter or thing to be decided
by a specified person or class of person.
(3) To the extent to which any provision of the
regulations under this section takes effect
35 from a date that is earlier than the date of its
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making, the provision does not operate so
as--
(a) to affect, in a manner prejudicial to
any person (other than the State or an
5 authority of the State), the rights of that
person existing before the date of its
making; or
(b) to impose liabilities on any person
(other than the State or an authority of
10 the State) in respect of anything done
or omitted to be done before the date of
its making.
(4) Regulations under this section have effect
despite anything to the contrary in any Act
15 (other than this Act or the Charter of
Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
(5) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to any
20 regulations made under this section.
(6) This section expires on the second
anniversary of the day on which it comes
into operation.".
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Part 3--Amendment of the Transport (Safety Schemes Compliance and
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Part 3--Amendment of the Transport
(Safety Schemes Compliance and
Enforcement) Act 2014
20 Purpose
5 In section 1 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014 omit
"by--
(a) re-enacting, with modifications, provisions
of the scheme under the Transport
10 (Compliance and Miscellaneous) Act 1983
for the enforcement of transport system
safety legislation; and
(b) adopting and adapting provisions from the
Rail Safety National Law".
15 21 Definitions
In section 3 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) insert the following definitions--
"bus safety matter has the same meaning as
20 in section 3 of the Transport
Integration Act 2010;
searchable bus or vessel means a bus or
vessel entered or boarded by a transport
safety officer under Part 2;
25 transport safety law means--
(a) the Bus Safety Act 2009 or any
regulations made under that Act;
or
(b) the Marine (Drug, Alcohol and
30 Pollution Control) Act 1988 or
any regulations made under that
Act; or
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(c) the Marine Safety Act 2010 or
any regulations made under that
Act; or
(d) the Port Management Act 1995
5 or any regulations made under that
Act; or
(e) the Transport Integration
Act 2010 or any regulations made
under that Act;";
10 (b) in the definition of approved code of
practice--
(i) in paragraph (b), for "practice; or"
substitute "practice;";
(ii) paragraph (c) is repealed;
15 (c) in the definition of compliance and
investigative purposes--
(i) in paragraph (a), for "transport safety or
infrastructure law" (where twice
occurring) substitute "transport safety
20 law";
(ii) in paragraph (c), for "public transport"
substitute "bus";
(iii) paragraph (d) is repealed;
(d) in the definition of Department omit
25 ", Planning and Local Infrastructure";
(e) in the definition of notifiable occurrence--
(i) in paragraph (a), for "public transport"
substitute "bus";
(ii) for "public transport matter" substitute
30 "matter";
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(f) for the definition of police officer
substitute--
"police officer has the same meaning as in
section 3(1) of the Victoria Police
5 Act 2013;";
(g) in the definition of residential premises omit
"rolling stock," (where twice occurring);
(h) for the definition of road vehicle
substitute--
10 "road vehicle means any vehicle propelled
by any form of motive power but does
not include a bus;";
(i) in the definition of searchable premises, for
"public transport" substitute "bus";
15 (j) in the definition of transport safety
infringement omit "(other than a safety
work infringement)";
(k) in the definition of transport safety
infringement law, paragraph (b) is repealed;
20 (l) the definitions of accredited rail transport
operator, approved rail safety code of
practice, contractor, level crossing,
passenger transport company, private
siding, Public Transport Development
25 Authority, public transport premises, public
transport safety matter, rail infrastructure,
rail infrastructure manager, rail safety
worker, rail transport operator, railway,
railway operations, railway premises,
30 rolling stock, safety work infringement,
searchable rolling stock, bus or vessel,
transport safety or infrastructure law,
transport system and utility are repealed.
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22 Entry into bus premises, marine premises or bus or
boarding vessel
(1) For the heading to section 6 of the Transport
(Safety Schemes Compliance and Enforcement)
5 Act 2014 substitute--
"Entry into bus premises, marine premises
or bus or boarding vessel".
(2) In section 6 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
10 (a) in subsection (1)(a)(i), for "public transport"
substitute "bus";
(b) in subsection (1)(b) omit "rolling stock or";
(c) in subsection (2), for "public transport"
substitute "bus";
15 (d) in subsection (3), for "public transport"
(where twice occurring) substitute "bus";
(e) in subsection (4) omit "rolling stock,";
(f) in subsection (5)--
(i) for "public transport" substitute "bus";
20 (ii) omit "rolling stock," (wherever
occurring);
(g) in subsection (6) omit ", rolling stock".
23 Notification of entry
In section 7 of the Transport (Safety Schemes
25 Compliance and Enforcement) Act 2014--
(a) in subsection (1) omit ", rolling stock";
(b) in subsection (2), for "public transport"
substitute "bus";
(c) in subsection (3) omit "rolling stock or"
30 (where twice occurring);
(d) in subsection (4)(a) omit ", rolling stock".
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24 General powers on entry or boarding
In section 8 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsection (1)--
5 (i) for "public transport" (where first
occurring) substitute "bus";
(ii) for "rolling stock or" (where first
occurring) substitute "a";
(b) in subsection (1)(a), (b) and (c) omit
10 "rolling stock,";
(c) in subsection (1)(d) omit "rolling stock,"
(where twice occurring);
(d) for subsection (1)(e) substitute--
"(e) enter or open, using reasonable force,
15 the bus or vessel or a thing on the bus
or vessel, to examine the bus, vessel or
other thing;";
(e) in subsection (1)(g)(ii) and (h)(ii) omit
"rolling stock or";
20 (f) in subsection (1)(h)(ii) and (i)(ii) omit
"rolling stock,";
(g) in subsection (1)(i), for "transport safety or
infrastructure law" substitute "transport
safety law";
25 (h) in subsection (1)(j) and (k) omit
"rolling stock,";
(i) in subsection (1)(l)--
(i) in subparagraph (i), for "public
transport" substitute "bus";
30 (ii) subparagraph (ii) is repealed;
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(j) in subsection (1)(m), for "transport safety or
infrastructure law" substitute "transport
safety law";
(k) in subsection (2)--
5 (i) for "public transport" substitute "bus";
(ii) omit "rolling stock,";
(l) in subsection (4), for the definition of
reasonable help substitute--
"reasonable help includes--
10 (a) assistance to enable the transport
safety officer to find and gain
access to electronically stored
material and information at the
bus premises or marine premises
15 or on the bus or vessel; and
(b) driving or running the engine of
the bus; and
(c) operating the vessel.".
25 Directions powers as to operation and movement of
20 vehicles
(1) In the heading to section 9 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock and".
(2) For section 9(1) of the Transport (Safety
25 Schemes Compliance and Enforcement)
Act 2014 substitute--
"(1) A transport safety officer who enters bus
premises or a bus under section 6 may give a
direction to any person at the premises or on
30 the bus that relates to the stopping or
movement of--
(a) any road vehicle at the premises; or
(b) the bus.".
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26 Magistrates' Court may extend period of detention
of vessel
In section 12(3)(a) and (b) of the Transport
(Safety Schemes Compliance and Enforcement)
5 Act 2014, for "transport safety or infrastructure
law" substitute "transport safety law".
27 Persons assisting transport safety officers
(1) In section 13(1) of the Transport (Safety
Schemes Compliance and Enforcement)
10 Act 2014--
(a) for "public transport" substitute "bus";
(b) omit ", or rolling stock".
(2) In section 13(2)(a) of the Transport (Safety
Schemes Compliance and Enforcement)
15 Act 2014--
(a) omit "rolling stock,";
(b) for "transport safety or infrastructure law"
substitute "transport safety law".
28 Use of electronic equipment
20 (1) In section 14(1)(a) and (b) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock,".
(2) In section 14(2) of the Transport (Safety
Schemes Compliance and Enforcement)
25 Act 2014--
(a) omit "rolling stock,";
(b) for "transport safety or infrastructure law"
substitute "transport safety law";
(c) in paragraph (b) omit "rolling stock,".
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29 Use of equipment to examine or process things
In section 15(1) and (2) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock," (where twice
5 occurring).
30 Securing a site or restricting access to bus or vessel
(1) In the heading to section 16 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock,".
10 (2) In section 16(1)(b), (2), (3)(b), (4)(a), (b) and (d)
of the Transport (Safety Schemes Compliance
and Enforcement) Act 2014 omit "rolling
stock,".
31 Directions for the protection of evidence
15 In section 17(3)(c) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock or" (where twice
occurring).
32 Search warrants
20 In section 18 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsection (1) omit "rolling stock, a";
(b) in subsection (3)--
(i) in paragraph (a), for "transport safety or
25 infrastructure law" substitute
"transport safety law";
(ii) in paragraph (b) omit "or on the rolling
stock";
(c) in subsection (4)(a) and (d) omit ", rolling
30 stock".
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33 Seizure of things not mentioned in the warrant
In section 19(a)(ii) and (b) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
5 law" substitute "transport safety law".
34 Announcement before entry or boarding on warrant
In section 20 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsection (1)(a) omit ", rolling stock";
10 (b) in subsection (1)(b) omit "rolling stock,";
(c) in subsection (2), for "into the rolling stock
or bus," substitute "onto the bus".
35 Copy of warrant to be given to person with control
or management of place, bus or vessel
15 (1) In the heading to section 21 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock,".
(2) In section 21 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
20 (a) omit "rolling stock, a";
(b) omit "rolling stock," (where secondly
occurring).
36 Power to require production of documents, devices
or other things and answers to questions
25 In section 22(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
(a) after "searchable premises or" insert "enters
or";
30 (b) omit "rolling stock," (wherever occurring).
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37 Sections 23 and 25 amended
In sections 23(3)(a) and (b) and 25(a) of the
Transport (Safety Schemes Compliance and
Enforcement) Act 2014, for "transport safety or
5 infrastructure law" substitute "transport safety
law".
38 Securing seized things
In section 27(a) of the Transport (Safety
Schemes Compliance and Enforcement)
10 Act 2014--
(a) for "public transport" substitute "bus";
(b) omit "rolling stock,".
39 Receipt for seized things
In section 31(2)(b) of the Transport (Safety
15 Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock," (where twice
occurring).
40 Forfeiture of seized things
In section 33(1)(c) of the Transport (Safety
20 Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
law" substitute "transport safety law".
41 Return of seized things
In section 34(3) of the Transport (Safety
25 Schemes Compliance and Enforcement)
Act 2014--
(a) in paragraphs (a) and (b), for "transport
safety or infrastructure law" substitute
"transport safety law";
30 (b) in paragraph (c)--
(i) in subparagraph (i), for "public
transport" substitute "bus";
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(ii) in subparagraph (ii) omit "or Division 5
of Part 3 of the Rail Safety (Local
Operations) Act 2006".
42 Sections 36 and 37 amended
5 In sections 36 and 37(1) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
law" substitute "transport safety law".
43 Compensation
10 In section 38(2) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "public transport" substitute "bus".
44 Sections 39, 40 and 41 amended
In sections 39(a)(i) and (ii), 40(1)(b) and 41(1)(a),
15 (b) and (c) of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014, for
"transport safety or infrastructure law" substitute
"transport safety law".
45 Direction to provide certain information
20 Section 43(1)(a) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014 is repealed.
46 Residential premises
In section 46 of the Transport (Safety Schemes
25 Compliance and Enforcement) Act 2014--
(a) omit ", rolling stock" (where twice
occurring);
(b) in paragraph (c), for "public transport"
substitute "bus";
30 (c) in paragraph (c)(ii) omit "rail safety work
or".
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47 Use of force
In section 47 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) for "place, rolling stock or a" substitute
5 "place or";
(b) omit "rolling stock,".
48 Manner in which transport safety officers must
exercise powers
In section 49(b) of the Transport (Safety
10 Schemes Compliance and Enforcement)
Act 2014, for "any rolling stock," substitute "a".
49 Service of improvement notices
In section 50 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
15 (a) in subsection (1)(a) and (b), for "transport
safety or infrastructure law" substitute
"transport safety law";
(b) in subsection (1)(c)(i) omit "railway
operations or";
20 (c) in subsection (1)(c)(ii) omit "rail safety or";
(d) in subsection (1)(d), before "providing"
insert "is";
(e) in subsection (2)(d) omit "railway operations
or".
25 50 Section 51 repealed
Section 51 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014 is
repealed.
51 Contents of improvement notices
30 (1) In section 52(1)(a) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
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law" (wherever occurring) substitute "transport
safety law".
(2) In section 52(1)(b) of the Transport (Safety
Schemes Compliance and Enforcement)
5 Act 2014--
(a) in subparagraph (i)(A)--
(i) omit "railway operations or";
(ii) omit "rail safety or";
(b) in subparagraph (ii)(A) omit "railway
10 operations,";
(c) in subparagraph (ii)(B) omit "rail safety,";
(d) in subparagraph (iii) omit "railway
operations, or".
(3) In section 52(3) of the Transport (Safety
15 Schemes Compliance and Enforcement)
Act 2014 omit "railway operations or other".
52 Sections 54 and 57 amended
In sections 54(3) and 57(1) and (2) of the
Transport (Safety Schemes Compliance and
20 Enforcement) Act 2014, for "transport safety or
infrastructure law" substitute "transport safety
law".
53 Service of prohibition notice
In section 60(1) of the Transport (Safety
25 Schemes Compliance and Enforcement)
Act 2014--
(a) in paragraphs (a) and (b), for "railway
operations, bus services or public transport"
substitute "bus services or bus";
30 (b) in paragraph (c) omit "rail infrastructure,
rolling stock or".
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54 Sections 61 and 67 amended
In sections 61(1)(c) and 67(1) and (2) of the
Transport (Safety Schemes Compliance and
Enforcement) Act 2014, for "transport safety or
5 infrastructure law" substitute "transport safety
law".
55 When Safety Director may carry out action
In section 68(2) of the Transport (Safety
Schemes Compliance and Enforcement)
10 Act 2014, for "public transport" substitute "bus".
56 Power of Safety Director to take other remedial
action
In section 69(1)(b) and (2) of the Transport
(Safety Schemes Compliance and Enforcement)
15 Act 2014, for "public transport" substitute "bus".
57 Service of non-disturbance notice
In section 71 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) for "transport safety or infrastructure law"
20 substitute "transport safety law";
(b) for paragraphs (a) to (e) substitute--
"(a) bus premises;
(b) marine premises;
(c) a bus;
25 (d) a vessel.".
58 Contents of non-disturbance notice
(1) In section 72(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
30 (a) in paragraph (a), for "public transport"
substitute "bus";
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(b) in paragraph (b)--
(i) omit "rolling stock," (where twice
occurring);
(ii) in subparagraph (ii) omit "a particular
5 rolling stock or".
(2) In section 72(2)(b)(i) and (ii) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "rolling stock,".
59 Serving notices
10 In section 80(1)(b) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
(a) for "public transport" substitute "bus";
(b) omit "rolling stock," (where twice
15 occurring).
60 Injunctions for non-compliance with notices
In section 82(2)(a) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
20 law" substitute "transport safety law".
61 Enforceable voluntary undertaking
In section 83 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsection (1) omit "or rail transport
25 operator";
(b) in subsections (1) and (2)(a), for "transport
safety or infrastructure law" substitute
"transport safety law".
62 Sections 84, 85 and 86 amended
30 In sections 84, 85(a) and 86 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 omit "or rail transport operator".
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63 Contravention of transport safety undertaking
In section 87 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsections (1), (3) and (4) omit "or rail
5 transport operator";
(b) in subsection (5), for "transport safety or
infrastructure law" substitute "transport
safety law".
64 Withdrawal or variation of transport safety
10 undertaking
In section 88 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsection (1) omit "or rail transport
operator";
15 (b) in subsection (2), for "transport safety or
infrastructure law" substitute "transport
safety law".
65 Proceedings for alleged contravention
In section 89 of the Transport (Safety Schemes
20 Compliance and Enforcement) Act 2014--
(a) in subsections (1) and (2), for "transport
safety or infrastructure law" substitute
"transport safety law";
(b) in subsection (2) omit "or rail transport
25 operator".
66 Additional enforcement measures relating to bus
safety
In the heading to Division 8 of Part 3 of the
Transport (Safety Schemes Compliance and
30 Enforcement) Act 2014 omit "rail and".
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67 Response to certain safety reports
(1) Section 90(1)(a), (2)(a) and (3)(b) of the
Transport (Safety Schemes Compliance and
Enforcement) Act 2014 are repealed.
5 (2) In section 90(4) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014 omit "or rail transport operator".
(3) In section 90(5) of the Transport (Safety
Schemes Compliance and Enforcement)
10 Act 2014, in the definition of safety report--
(a) in paragraph (a) omit "or rail safety";
(b) in paragraph (c) omit "rail safety or".
68 Sections 91 and 92 repealed
Sections 91 and 92 of the Transport (Safety
15 Schemes Compliance and Enforcement)
Act 2014 are repealed.
69 Division 2 of Part 4 repealed
Division 2 of Part 4 of the Transport (Safety
Schemes Compliance and Enforcement)
20 Act 2014 is repealed.
70 Reviewable decisions
In the table in section 99 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014--
25 (a) in items 2 to 10, for "A rail transport
operator or an" substitute "An";
(b) in item 11 omit "rail transport operator or";
(c) items 12 and 13 are repealed.
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71 Offence to give false or misleading information
In section 103 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014, for
"transport safety or infrastructure law" (wherever
5 occurring) substitute "transport safety law".
72 Criminal liability of officers of bodies corporate--
failure to exercise due diligence
Section 104(2)(j) of the Transport (Safety
Schemes Compliance and Enforcement)
10 Act 2014 is repealed.
73 Who may commence proceedings for offences
against this Act or a transport safety law
(1) In the heading to section 105 of the Transport
(Safety Schemes Compliance and Enforcement)
15 Act 2014, for "transport safety or
infrastructure law" substitute "transport safety
law".
(2) In section 105 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
20 (a) in subsection (1), for "transport safety or
infrastructure law" (where twice occurring)
substitute "transport safety law";
(b) in subsection (5), for "transport safety or
infrastructure law" substitute "transport
25 safety law".
74 Limited period for prosecution of transport safety
law indictable offences
(1) In the heading to section 106 of the Transport
(Safety Schemes Compliance and Enforcement)
30 Act 2014, for "transport safety or
infrastructure law" substitute "transport safety
law".
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Enforcement) Act 2014
(2) In section 106 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014, for
"transport safety or infrastructure law" substitute
"transport safety law".
5 75 Evidentiary certificates--this Act or transport
safety laws
(1) In the heading to section 107 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014, for "transport safety or
10 infrastructure laws" substitute "transport
safety laws".
(2) In section 107(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
15 (a) for "transport safety or infrastructure law"
(where first occurring) substitute
"transport safety law";
(b) in paragraph (a), for "transport safety or
infrastructure law" (where twice occurring)
20 substitute "transport safety law";
(c) in paragraph (a)(iii) omit ", a rail
registration";
(d) in paragraph (d)(i) omit ", accredited rail
transport operator";
25 (e) in paragraphs (e) and (f) omit ", a rail
registration";
(f) paragraph (h) is repealed;
(g) in paragraph (l), for "transport safety or
infrastructure law" substitute "transport
30 safety law";
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Part 3--Amendment of the Transport (Safety Schemes Compliance and
Enforcement) Act 2014
(h) for paragraph (r) substitute--
"(r) that a stated amount is payable under
the Bus Safety Act 2009 or the Marine
Safety Act 2010 by a stated person and
5 has not been paid.".
(3) For section 107(2) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014 substitute--
"(2) In this section--
10 accreditation means an accreditation within
the meaning of the Bus Safety
Act 2009;
bus registration means a registration within
the meaning of the Bus Safety
15 Act 2009;
exemption means an exemption under
Division 7A of Part 4 of the Bus Safety
Act 2009.".
76 Definitions--Court based sanctions
20 In section 108 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) the definitions of Australian rail safety law,
relevant law and relevant marine law are
repealed;
25 (b) insert the following definitions--
"bus law means a provision of the Bus
Safety Act 2009 or any regulations
made under that Act;
marine law means--
30 (a) a provision of the Marine Safety
Act 2010 or any regulations made
under that Act; or
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(b) a provision of the Marine
(Drug, Alcohol and Pollution
Control) Act 1988 or any
regulations made under that Act.".
5 77 Commercial benefits order
In section 109(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "relevant law" substitute "bus law".
78 Supervisory intervention order
10 In section 110 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
(a) in subsections (1) and (2)(a), (d)(i) and (ii),
for "relevant law" (where twice occurring)
substitute "bus law";
15 (b) in subsection (5), for "relevant law, having"
substitute "bus law, having";
(c) in subsection (5)(a) and (b), for "Act, a
relevant law or an Australian rail safety law"
substitute "Act or a bus law";
20 (d) subsection (5)(c)(i) is repealed;
(e) in subsection (6)(a), for "corresponding
interstate law" substitute "corresponding
interstate bus law";
(f) in subsection (10)--
25 (i) in the definition of compliance report,
in paragraphs (a)(i) and (b)(i), for
"relevant law" (where twice occurring)
substitute "bus law";
(ii) the definition of corresponding
30 interstate law is repealed;
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(iii) insert the following definition--
"corresponding interstate bus law
means a law of the
Commonwealth, another State or
5 a Territory that corresponds or
substantially corresponds to a bus
law.".
79 Exclusion orders
(1) In section 111(1) of the Transport (Safety
10 Schemes Compliance and Enforcement)
Act 2014, for "relevant law" (where twice
occurring) substitute "bus law".
(2) In section 111(2) of the Transport (Safety
Schemes Compliance and Enforcement)
15 Act 2014--
(a) for "relevant law" substitute "bus law";
(b) paragraphs (a) and (c)(i) are repealed;
(c) in paragraph (c)(ii), for "jurisdiction; or"
substitute "jurisdiction.";
20 (d) paragraph (d) is repealed.
(3) In section 111(3) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
(a) in paragraphs (a) and (b), for "relevant law
25 or an Australian rail safety law" substitute
"bus law";
(b) in paragraph (c) omit "railway operations
or".
80 Adverse publicity order
30 In section 112(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "relevant law or relevant marine
law" substitute "bus law or marine law".
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81 Release on the giving of a safety undertaking
In section 113(1) and (2)(b) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014, for "relevant law" substitute "bus law".
5 82 Sections 116, 119, 120, 121 and 122 amended
In sections 116(1), (3)(a), (b) and (c), 119(1)(a)
and (b), (2)(a)(ii) and (b), (3), 120(1)(b), (2)(a),
(b), (c) and (d), 121(1) and 122 of the Transport
(Safety Schemes Compliance and Enforcement)
10 Act 2014, for "transport safety or infrastructure
law" substitute "transport safety law".
83 Attendance of transport safety officer at inquiries
In section 123 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014--
15 (a) in paragraph (a), for "work, marine safety
work or rail safety work" substitute
"work or marine safety work";
(b) in paragraph (b)--
(i) for "public transport" substitute "bus";
20 (ii) omit "rolling stock,".
84 Sections 124 and 127 amended
In sections 124 and 127 of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
25 law" substitute "transport safety law".
85 Recovery of costs
Section 128(1) and (3)(a) of the Transport
(Safety Schemes Compliance and Enforcement)
Act 2014 are repealed.
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Enforcement) Act 2014
86 Section 130 repealed
Section 130 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014 is
repealed.
5 87 Service of documents
In section 131(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014, for "transport safety or infrastructure
law" (where twice occurring) substitute
10 "transport safety law".
88 Regulations
In section 132(1) of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014--
15 (a) paragraphs (c) and (d) are repealed;
(b) in paragraph (e) omit "or safety work
infringement".
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Part 4--Amendments of other Acts
Part 4--Amendments of other Acts
Division 1--Amendment of the Transport
Integration Act 2010
89 Definitions
5 In section 3 of the Transport Integration
Act 2010--
(a) insert the following definitions--
"bus safety matter means--
(a) an incident involving a bus or any
10 infrastructure used in bus
operations that resulted in, or that
had the potential to result in, the
death of, or injury to, any person,
or in damage to any property or
15 equipment, and includes, for
example--
(i) any collision involving a
bus;
(ii) any incident resulting from
20 the operation of a bus;
(iii) any failure of any bus or part
of a bus or of any equipment
on a bus or of anything used
in bus operations;
25 (iv) any failure or breach of any
practice or procedure
involving a bus;
(v) any fire, explosion or other
similar occurrence involving
30 a bus;
(vi) any incident in which there
is evidence of systematic
safety deficiencies;
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Part 4--Amendments of other Acts
(b) any other incident or any state of
affairs involving, or in relation to
buses or any infrastructure used in
bus operations that is specified by
5 the regulations for the purposes of
this definition;
transport safety law has the same meaning
as in section 3 of the Transport
(Safety Schemes Compliance and
10 Enforcement) Act 2014;";
(b) in the definition of mandatory transport
safety decision, paragraph (b) is repealed;
(c) for the definition of rail infrastructure
substitute--
15 "rail infrastructure has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
(d) in the definition of transport legislation,
paragraph (m) is repealed;
20 (e) the definitions of mandatory rail safety
decision, rail safety officer, rail safety
recommendation, rail safety worker,
relevant rail safety project, relevant
transport safety law and transport safety are
25 repealed.
90 Sections 79L and 79M repealed
Sections 79L and 79M of the Transport
Integration Act 2010 are repealed.
91 Object of Director, Transport Safety
30 In section 172 of the Transport Integration
Act 2010--
(a) in subsection (1)--
(i) omit "independently";
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(ii) for "transport safety" substitute
"bus safety and marine safety";
(b) in subsection (2)(b), for "2009;" substitute
"2009.";
5 (c) subsection (2)(c) is repealed.
92 Functions of Director, Transport Safety
(1) In section 173(1) of the Transport Integration
Act 2010--
(a) for paragraph (a)(i) and (ii) substitute--
10 "(i) the Marine Safety Act 2010, the
Marine (Drug, Alcohol and Pollution
Control) Act 1988, the Bus Safety
Act 2009, the Transport (Compliance
and Miscellaneous) Act 1983, the
15 Transport (Safety Schemes
Compliance and Enforcement)
Act 2014, this Act or any other Act;
(ii) regulations made under the Marine
Safety Act 2010, the Marine
20 (Drug, Alcohol and Pollution
Control) Act 1988, the Bus Safety
Act 2009, the Transport (Compliance
and Miscellaneous) Act 1983, the
Transport (Safety Schemes
25 Compliance and Enforcement)
Act 2014, this Act or any other Act;";
(b) in paragraph (b)--
(i) subparagraph (ii) is repealed;
(ii) in subparagraph (iii) omit "under the
30 Rail Safety (Local Operations)
Act 2006 or";
(iii) in subparagraph (iv) omit "or Part 8 of
the Rail Safety (Local Operations)
Act 2006";
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(c) in paragraph (c), for "transport safety"
substitute "bus safety and marine safety";
(d) in paragraph (d), for "transport safety
matters" substitute "bus safety matters and
5 marine safety matters";
(e) in paragraph (e)--
(i) in subparagraph (i) omit "or Part 8 of
the Rail Safety (Local Operations)
Act 2006";
10 (ii) for "rail transport operators and any
other person" substitute "any person";
(iii) for "relevant transport safety law"
substitute "transport safety law";
(f) in paragraph (f), for "transport safety
15 matters" substitute "bus safety matters and
marine safety matters";
(g) in paragraph (g)(i), (ii) and (iv), for
"transport safety" substitute "bus safety and
marine safety";
20 (h) in paragraph (i), for "transport safety
matters" substitute "bus safety matters and
marine safety matters";
(i) for paragraph (j) substitute--
"(j) promote awareness in the bus and
25 marine industry and among the public
about bus and marine safety
initiatives;";
(j) in paragraph (k), for "transport safety"
substitute "bus safety and marine safety".
30 (2) In section 173(2)(a) and (b) of the Transport
Integration Act 2010, for "transport safety"
substitute "bus safety and marine safety".
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93 Power to investigate
In section 174 of the Transport Integration
Act 2010, for "transport safety matter" substitute
"bus safety matter or marine safety matter".
5 94 New section 174A inserted
After section 174 of the Transport Integration
Act 2010 insert--
"174A Directions
(1) The Director, Transport Safety--
10 (a) is subject to the general direction and
control of the Minister; and
(b) must comply with any specific
direction given by the Minister.
(2) Any specific direction given under
15 subsection (1)(b) may be published in the
Government Gazette.".
95 Information disclosure by Director, Transport
Safety
In section 177 of the Transport Integration
20 Act 2010--
(a) in subsections (1) and (2) omit "rail,";
(b) in subsection (2)(a), for "transport safety
matter" substitute "bus safety matter or
marine safety matter";
25 (c) subsection (2)(b) is repealed.
96 Delegation by the Director, Transport Safety
In section 178(1) of the Transport Integration
Act 2010 omit "the Rail Safety (Local
Operations) Act 2006,".
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97 New section 178B inserted
Before section 179 of the Transport Integration
Act 2010 insert--
"178B Definition
5 In this Division--
transport safety means safety for the
operation of rail, bus and marine
transport.".
98 New section 181A inserted
10 After section 181 of the Transport Integration
Act 2010 insert--
"181A Independence of Chief Investigator,
Transport Safety
Subject to sections 191 and 193(2), the Chief
15 Investigator, Transport Safety, when
performing or exercising their functions or
powers, is independent and is not subject to
the direction and control of the Minister.".
99 Appointment
20 For section 184(4)(d) of the Transport
Integration Act 2010 substitute--
"(d) experience in the marine or road transport
(freight and passenger) sectors;
(da) in the case of the Chief Investigator,
25 Transport Safety, experience in the rail
transport (freight and passenger) sector;".
100 When a transport safety appointee ceases to hold
office
In section 186(c) of the Transport Integration
30 Act 2010, for "ceases to hold" substitute
"is removed from".
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Part 4--Amendments of other Acts
101 New section 187A inserted
After section 187 of the Transport Integration
Act 2010 insert--
"187A Suspension
5 (1) The Minister may immediately suspend a
person from office as a transport safety
appointee if the Minister is of the opinion
that the person--
(a) is incapable of performing their
10 functions or duties; or
(b) has refused or neglected to perform
their functions or duties; or
(c) has engaged in misconduct; or
(d) is otherwise unfit to continue to be a
15 transport safety appointee.
(2) A suspension under subsection (1) is for a
period not exceeding 3 months.
(3) If a person is suspended from office under
this section, the person remains entitled to
20 their remuneration and allowances as a
transport safety appointee during the period
of suspension.".
102 Removal from office
(1) In the heading to section 188 of the Transport
25 Integration Act 2010, for "Suspension and
removal" substitute "Removal".
(2) In section 188(1) of the Transport Integration
Act 2010, for "suspend" substitute "remove".
(3) In section 188(2)(b) of the Transport Integration
30 Act 2010, after "his or" insert "her".
(4) Section 188(4), (5), (6) and (7) of the Transport
Integration Act 2010 are repealed.
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Part 4--Amendments of other Acts
103 Ministerial direction to investigate transport safety
matter
(1) In the heading to section 191 of the Transport
Integration Act 2010, for "public transport
5 safety matter or marine safety matter"
substitute "transport safety matter".
(2) For section 191(1) of the Transport Integration
Act 2010 substitute--
"(1) The Minister may direct--
10 (a) the Director, Transport Safety to
investigate a bus safety matter or
marine safety matter; or
(b) the Chief Investigator, Transport Safety
to investigate a transport safety
15 matter.".
(3) For section 191(2)(a) to (d) of the Transport
Integration Act 2010 substitute--
"(a) that directs the transport safety appointee as
to how to conduct an investigation; or
20 (b) that directs the transport safety appointee as
to which persons the transport safety
appointee may request or direct to assist the
transport safety appointee in an
investigation; or
25 (c) about the outcome of an investigation; or
(d) that directs the transport safety appointee to
stop an investigation.".
104 Section 194 repealed and consequential
cross-reference amended
30 (1) Section 194 of the Transport Integration
Act 2010 is repealed.
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(2) In section 197D(2) of the Tranport Integration
Act 2010, for "section 194" substitute
"section 181A".
105 Power to give advice on compliance
5 In section 197(1) of the Transport Integration
Act 2010, for "relevant transport safety law"
substitute "transport safety law".
106 Definitions--Conflict between decisions of Director,
Transport Safety and road authority
10 In section 197A of the Transport Integration
Act 2010, in the definition of decision,
paragraph (a) is repealed.
Division 2--Amendment of the Transport
(Compliance and Miscellaneous) Act 1983
15 107 Definitions
(1) In section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983--
(a) the definitions of accredited rail transport
operator, mandatory rail safety decision and
20 rail infrastructure manager are repealed;
(b) for the definition of rolling stock operator
substitute--
"rolling stock operator has the same
meaning as in section 4(1) of the Rail
25 Safety National Law (Victoria);".
(2) In section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983, the definition of
rolling stock operator is repealed.
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108 Financial assistance to train drivers following fatal
incidents
In section 12(3) of the Transport (Compliance
and Miscellaneous) Act 1983, for "Part 6 of the
5 Rail Safety (Local Operations) Act 2006 or
Division 4 of Part 4" substitute "Part 4A".
109 Application of definitions to Part V
In section 82C(1) of the Transport (Compliance
and Miscellaneous) Act 1983, for "section 3 of
10 the Rail Safety (Local Operations) Act 2006"
substitute "section 4(1) of the Rail Safety
National Law (Victoria)".
110 Specific investigation powers--public transport
safety matters or marine safety matters
15 In section 84 of the Transport (Compliance and
Miscellaneous) Act 1983--
(a) after "Transport (Safety Schemes
Compliance and Enforcement) Act 2014"
insert "as in force immediately before the
20 commencement of Part 3 of the Rail Safety
Legislation Amendment (National
Services Delivery and Related Reforms)
Act 2019";
(b) after paragraph (a)(iii) insert--
25 "(iv) to the Safety Director were a reference
to the Chief Investigator, Transport
Safety; and".
111 Definitions
In section 86(1) of the Transport (Compliance
30 and Miscellaneous) Act 1983, in the definition of
category 3 offence, paragraph (aa)(i) is repealed.
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112 Interpretation
Section 163(1)(ca)(i) of the Transport
(Compliance and Miscellaneous) Act 1983 is
repealed.
5 113 Definitions
In section 208 of the Transport (Compliance
and Miscellaneous) Act 1983--
(a) in the definition of rail safety worker omit
"the Rail Safety (Local Operations)
10 Act 2006 or";
(b) the definition of safety work infringement is
repealed;
(c) in the definition of transport infringement
omit "safety work infringement or".
15 114 Section 230J repealed
Section 230J of the Transport (Compliance and
Miscellaneous) Act 1983 is repealed.
115 Service of documents on natural persons
In section 250 of the Transport (Compliance
20 and Miscellaneous) Act 1983 omit "or the Rail
Safety (Local Operations) Act 2006".
116 Service of documents on corporations
In section 251 of the Transport (Compliance
and Miscellaneous) Act 1983 omit "or the Rail
25 Safety (Local Operations) Act 2006".
Division 3--Amendment of other Acts
117 Consequential amendments to other Acts
On the commencement of an item in Schedule 1,
the Act specified in the heading to that item is
30 amended as set out in that item.
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Part 5--Repeal of the Rail Safety (Local Operations) Act 2006 and this Act
Part 5--Repeal of the Rail Safety (Local
Operations) Act 2006 and this Act
118 Repeal of the Rail Safety (Local Operations)
Act 2006
5 The Rail Safety (Local Operations) Act 2006 is
repealed.
119 Repeal of this Act
This Act is repealed on 1 July 2021.
Note
10 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Schedule 1--Consequential amendments to other Acts
Schedule 1--Consequential amendments to
other Acts
Section 117
1 Commercial Passenger Vehicle Industry Act 2017
1.1 Section 68(d)(i) is repealed.
5 1.2 In Schedule 1, item 33(a) is repealed.
2 Criminal Procedure Act 2009
2.1 In section 3, in the note at the foot of the
definition of infringement conviction--
(a) in the second dot point, for "1988; or"
10 substitute "1988.";
(b) the third dot point is repealed.
2.2 In Schedule 2, item 25 is repealed.
3 Electricity Industry Act 2000
3.1 In section 85--
15 (a) for the definition of rail infrastructure
substitute--
"rail infrastructure has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
20 (b) for the definition of rail transport operator
substitute--
"rail transport operator has the same
meaning as in section 4(1) of the Rail
Safety National Law (Victoria);";
25 (c) for the definition of railway operations
substitute--
"railway operations has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
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Schedule 1--Consequential amendments to other Acts
(d) for the definition of rolling stock
substitute--
"rolling stock has the same meaning as in
section 4(1) of the Rail Safety National
5 Law (Victoria);".
3.2 After section 93A(3) insert--
"(4) Nothing in subsection (1) or (2) is to be
construed as--
(a) conferring a right of action in a civil
10 proceeding in respect of a
contravention of those subsections; or
(b) conferring a defence to an action in a
civil proceeding or otherwise affecting
a right of action in a civil proceeding.".
15 4 Electricity Safety Act 1998
4.1 In section 3, for the definition of railway
substitute--
"railway has the same meaning as in section 4(1)
of the Rail Safety National Law (Victoria);".
20 5 Fines Reform Act 2014
5.1 In section 3, in the definition of FVS eligible
offence, paragraph (c) is repealed.
5.2 In section 25(1)(a) and (b) omit ", section 95 of
the Transport (Safety Schemes Compliance and
25 Enforcement) Act 2014".
5.3 Section 31(1)(b) and (2)(c) are repealed.
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Schedule 1--Consequential amendments to other Acts
6 Gas Industry Act 2001
6.1 In section 147A--
(a) for the definition of rail infrastructure
substitute--
5 "rail infrastructure has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
(b) for the definition of rail transport operator
substitute--
10 "rail transport operator has the same
meaning as in section 4(1) of the Rail
Safety National Law (Victoria);";
(c) for the definition of railway operations
substitute--
15 "railway operations has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
(d) for the definition of rolling stock
substitute--
20 "rolling stock has the same meaning as in
section 4(1) of the Rail Safety National
Law (Victoria).".
6.2 After section 149A(3) insert--
"(4) Nothing in subsection (1) or (2) is to be
25 construed as--
(a) conferring a right of action in a civil
proceeding in respect of a
contravention of those subsections; or
(b) conferring a defence to an action in a
30 civil proceeding or otherwise affecting
a right of action in a civil proceeding.".
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Schedule 1--Consequential amendments to other Acts
7 Infringements Act 2006
7.1 Section 16(2)(b) is repealed.
7.2 Section 17(2)(b) is repealed.
7.3 Section 18(6)(b) is repealed.
5 7.4 Section 21(1)(b) and (2)(c) are repealed.
7.5 Section 28(b) is repealed.
7.6 Section 31(b) is repealed.
8 Major Transport Projects Facilitation Act 2009
8.1 In section 3, for the definition of rail
10 infrastructure substitute--
"rail infrastructure has the same meaning as in
section 4(1) of the Rail Safety National Law
(Victoria);".
8.2 In section 3, for the definition of rolling stock
15 substitute--
"rolling stock has the same meaning as in
section 4(1) of the Rail Safety National Law
(Victoria);".
9 Melbourne City Link Act 1995
20 9.1 In section 21(1), in the definition of Utility, in
paragraph (d) omit "the Rail Safety (Local
Operations) Act 2006 or".
9.2 Section 39(2)(b) is repealed.
10 Rail Management Act 1996
25 10.1 In section 38A--
(a) in the definition of access provider,
paragraphs (a) and (c) are repealed;
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Schedule 1--Consequential amendments to other Acts
(b) for the definition of access seeker
substitute--
"access seeker means an accredited person
within the meaning of the Rail Safety
5 National Law (Victoria) who wants to
be provided a declared rail transport
service by an access provider;";
(c) for the definition of rail transport operator
substitute--
10 "rail transport operator has the same
meaning as in section 4(1) of the Rail
Safety National Law (Victoria);";
(d) for the definition of user substitute--
"user means an accredited person within the
15 meaning of the Rail Safety National
Law (Victoria) who is provided a
declared rail transport service by an
access provider.".
11 Road Management Act 2004
20 11.1 In section 3(1), in the definition of road
management function, in paragraph (a)(v) omit
"Division 2 of Part 4 of the Rail Safety
(Local Operations) Act 2006 and".
11.2 In section 48A--
25 (a) for the definition of rail infrastructure
substitute--
"rail infrastructure has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
30 (b) for the definition of rail transport operator
substitute--
"rail transport operator has the same
meaning as in section 4(1) of the Rail
Safety National Law (Victoria);";
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(c) for the definition of railway operations
substitute--
"railway operations has the same meaning as
in section 4(1) of the Rail Safety
5 National Law (Victoria);";
(d) for the definition of rolling stock
substitute--
"rolling stock has the same meaning as in
section 4(1) of the Rail Safety National
10 Law (Victoria);".
11.3 In the note at the foot of section 48B omit
"Division 2 of Part 4 of the Rail Safety
(Local Operations) Act 2006 and".
11.4 At the end of section 48B insert--
15 "(2) Nothing in subsection (1) is to be construed
as--
(a) conferring a right of action in a civil
proceeding in respect of a
contravention of that subsection; or
20 (b) conferring a defence to an action in a
civil proceeding or otherwise affecting
a right of action in a civil proceeding.".
11.5 At the end of section 48D insert--
"(2) Nothing in subsection (1) is to be construed
25 as--
(a) conferring a right of action in a civil
proceeding in respect of a
contravention of that subsection; or
(b) conferring a defence to an action in a
30 civil proceeding or otherwise affecting
a right of action in a civil proceeding.".
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11.6 In the note at the foot of section 48DB omit
"Division 2 of Part 4 of the Rail Safety
(Local Operations) Act 2006 and".
11.7 In note 2 at the foot of section 48EA(3) omit
5 "the Rail Safety (Local Operations) Act 2006
and".
11.8 In note 2 at the foot of section 48EB(3) omit
"the Rail Safety (Local Operations) Act 2006
and".
10 11.9 In note 2 at the foot of section 48EC(3) omit
"the Rail Safety (Local Operations) Act 2006
and".
11.10 In note 2 at the foot of section 48F(3) omit
"the Rail Safety (Local Operations) Act 2006
15 and".
11.11 In Schedule 7, in note 2 at the foot of clause 8
omit "the Rail Safety (Local Operations)
Act 2006 and".
12 Tourist and Heritage Railways Act 2010
20 12.1 In section 3--
(a) for the definition of rolling stock
substitute--
"rolling stock has the same meaning as in
section 4(1) of the Rail Safety National
25 Law (Victoria);";
(b) in the definition of tourist and heritage
railway operator, in paragraph (a)(iii)--
(i) omit "a rail transport operator within
the meaning of the Rail Safety
30 (Local Operations) Act 2006,";
(ii) omit "accredited rail transport operator
or".
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Schedule 1--Consequential amendments to other Acts
13 Water Act 1989
13.1 After section 137A(3) insert--
"(3A) Nothing in subsection (1) or (2) is to be
construed as--
5 (a) conferring a right of action in a civil
proceeding in respect of a
contravention of those subsections; or
(b) conferring a defence to an action in a
civil proceeding or otherwise affecting
10 a right of action in a civil proceeding.".
13.2 In section 137A(4)--
(a) for the definition of rail infrastructure
substitute--
"rail infrastructure has the same meaning as
15 in section 4(1) of the Rail Safety
National Law (Victoria);";
(b) for the definition of rolling stock
substitute--
"rolling stock has the same meaning as in
20 section 4(1) of the Rail Safety National
Law (Victoria);".
13.3 In section 137B(2)--
(a) for the definition of rail infrastructure
substitute--
25 "rail infrastructure has the same meaning as
in section 4(1) of the Rail Safety
National Law (Victoria);";
(b) for the definition of rolling stock
substitute--
30 "rolling stock has the same meaning as in
section 4(1) of the Rail Safety National
Law (Victoria).".
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Schedule 1--Consequential amendments to other Acts
13.4 In section 137C(2)--
(a) for the definition of rail transport operator
substitute--
"rail transport operator has the same
5 meaning as in section 4(1) of the Rail
Safety National Law (Victoria);";
(b) for the definition of railway operations
substitute--
"railway operations has the same meaning as
10 in section 4(1) of the Rail Safety
National Law (Victoria).".
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
591015B.I-13/8/2019 149 BILL LA INTRODUCTION 13/8/2019
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