Victorian Current Acts

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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   5.      Transport Integration Act 2010  

   PART 2--APPLICATION OF RAIL SAFETY NATIONAL LAW

   6.      Application of Rail Safety National Law  
   7.      Interpretation of certain expressions  
   8.      Meaning of court  
   10.     No double jeopardy  
   11.     Exclusion of legislation of this jurisdiction  
   12.     Disallowance of national regulations  

   PART 4--MODIFICATIONS TO THE RAIL SAFETY NATIONAL LAW AND ADDITIONAL REQUIREMENTS

           Division 1A--Additional rail safety duties

   40A.    Rail safety duties of persons providing railway operations by means of contracted personnel  

           Division 2--Due diligence modification

   41.     National due diligence offence does not apply in Victoria  

           Division 5--Additional compliance and enforcement requirements

   44.     Application  
   45.     Magistrates' Court Act 1989 applies to search warrants under the Law  
   46.     Abrogation of self-incrimination—derivative use immunity applies  

           Division 6--Review of decisions

   47.     VCAT is the reviewing entity  

           Division 7--Other matters

   48.     Authorisation of information disclosure in relation to notifiable occurrences  

   PART 4A--ALCOHOL AND DRUG CONTROLS FOR RAIL SAFETY WORKERS

           Division 1--Preliminary matters

   48A.    Definitions  
   48B.    Approval of person to take blood samples for the purposes of the Law and this Part  
   48C.    Assessment of drug impairment modification  
   48D.    Presumptions in relation to presence of concentrations of alcohol and other drugs  
   48E.    When a rail safety worker is not to be taken to be impaired  
   48F.    When a rail safety worker is to be regarded as being about to carry out rail safety work  
   48G.    Findings of guilt and convictions and subsequent offences  

           Division 2--Offences and related evidentiary matters

   48H.    Additional offences involving alcohol and drugs  
   48I.    Additional circumstances when rail safety workers may be convicted or found guilty  
   48J.    Evidence as to effect of the consumption of alcohol or consumption or use of a drug  
   48K.    Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work  

           Division 3--Testing and analysis

   48L.    Additional matters for preliminary breath tests  
   48M.    Additional matters for breath analyses  
   48N.    Evidentiary matters relating to breath analysis  
   48O.    Assessment of drug impairment  
   48P.    Procedure for assessments of drug impairment  
   48Q.    Drug screening tests  
   48R.    Oral fluid analysis  
   48S.    Provision of oral fluid samples for oral fluid analysis  
   48T.    Part of oral fluid sample to be delivered to rail safety worker if drugs detected  
   48U.    Rail safety worker required to provide oral fluid sample may request sample of blood to be taken  
   48V.    Authorised person may require blood sample if oral fluid sample insufficient  
   48W.    Evidentiary matters relating to oral fluid analysis  
   48X.    Blood and urine tests  
   48Y.    Rail safety worker may request sample of blood to be taken for analysis  
   48Z.    Destruction of identifying information  
   48ZA.   Blood samples to be taken in certain cases  

           Division 4--Evidentiary provisions

   48ZB.   Evidentiary provisions—blood tests  
   48ZC.   Evidentiary provisions—oral fluid samples  
   48ZD.   Evidentiary provisions—breath tests  

           Division 5--Other matters

   48ZE.   Approvals  

   PART 5--MISCELLANEOUS

           Division 1--Director and officer criminal liability

   49.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  

           Division 2--Other matters

   50.     Corporations Act displacement  

           Division 3--Regulations

   51.     Regulations  

   PART 7--SAVINGS AND TRANSITIONALS

           Division 1--Preliminary matters

   98.     Definitions  
   99.     Application of Interpretation of Legislation Act 1984  

           Division 2--Transition from the Rail Safety Act 2006

   100.    Declaration of drug  
   101.    Approval of persons to take blood samples  
   102.    Safety management systems  
   103.    Consultations for the purpose of safety management systems  
   104.    System and arrangements established by an old scheme rail operator who is exempt from accreditation  
   105.    Directions to stop rail operation or utility works  
   106.    Directions to alter, demolish or take away works  
   107.    Safety interface agreements—rail operations  
   108.    Safety interface agreements—rail infrastructure and public roadways or pathways  
   109.    Safety interface agreements—rail infrastructure and relevant roadways or pathways  
   110.    Safety interface agreements—assessment by road managers of public roadways or pathways  
   111.    Safety interface agreements—assessment by road managers of relevant roadways or pathways  
   112.    Written notices of Safety Director in relation to safety interface agreements  
   113.    Directions of Safety Director in relation to safety interface agreements  
   114.    Registers of safety interface agreements  
   115.    Accredited rail operators are accredited persons  
   116.    Accreditations under Rail Safety Act 2006 are accreditations under the Law  
   117.    Accreditations to be registered in National Rail Safety Register  
   118.    Applications for accreditation  
   119.    Directions to coordinate accreditation applications  
   120.    Discretionary applications for variations of accreditation  
   121.    Mandatory applications for variations of accreditation  
   122.    Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director  
   123.    Suspended accreditations  
   124.    Surrender of accreditation  

           Division 3--Transition of pending internal review decisions under Rail Safety Act 2006

   125.    Review of decision to refuse to accredit  
   126.    Review of decision to give direction to co-ordinate applications  
   127.    Review of decision to impose condition or restriction on accreditation  
   128.    Review of decision to refuse to vary or revoke condition or restriction of accreditation  
   129.    Review of decision to refuse to vary accreditation  
   130.    Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation  
   131.    Review of decision to consent to surrender of accreditation  
   132.    Review of decision to immediately suspend accreditation  
   133.    Review of decision to take disciplinary action—imposition of new condition or restriction  
   134.    Review of decision to take disciplinary action—imposition of expiry date on accreditation  
   135.    Review of decision to take disciplinary action—suspension  
   136.    Review of decision to take disciplinary action—cancellation  
   137.    Review of decision to refuse to grant exemption from requirement to be accredited  
   138.    Review of decision to revoke exemption from requirement to be accredited  

           Division 4--Transition from the Transport (Compliance and Miscellaneous) Act 1983

   139.    Securing a site  
   140.    Things seized under seizure power  
   141.    Things seized under a search warrant  
   142.    Search warrant  
   143.    Power to require production of documents and to answer questions  
   144.    Direction to provide reasonable assistance  
   145.    Powers to support seizure  
   146.    Power to direct a thing's return  
   147.    Receipt of seized things  
   148.    Improvement notices  
   149.    Prohibition notices  
   150.    Oral directions given before a prohibition notice is served  
   151.    Enforceable undertakings  
   152.    Withdrawal or variation of enforceable undertakings  
   153.    Reviewable decision—service of improvement notice  
   154.    Reviewable decision—service of prohibition notice  

           Division 6--Private siding accreditation exemptions

   156.    Rail infrastructure manager holding private siding exemption is a registered person under Law  

           Division 7--Other matters

   158.    Provision of information and assistance by the Safety Director to the Regulator  

   PART 8--SAVINGS AND TRANSITIONALS--RAIL SAFETY LEGISLATION AMENDMENT (NATIONAL SERVICES DELIVERY AND RELATED REFORMS) ACT 2019

           Division 1--Preliminary

   159.    Definitions  
   160.    Application of Interpretation of Legislation Act 1984  

           Division 2--Transition from the Rail Safety (Local Operations) Act 2006

   161.    Persons approved to take blood samples  
   162.    Safety management systems  
   163.    Consultations for the purpose of safety management systems  
   164.    System and arrangements established by transitioning rail operator who is exempt from accreditation  
   165.    Safety audits  
   166.    Directions to stop railway operations or utility works  
   167.    Directions to alter, demolish or take away works  
   168.    Safety interface agreements—railway operations  
   169.    Safety interface agreements—rail infrastructure and public roadways or pathways  
   170.    Safety interface agreements—rail infrastructure and relevant roadways or pathways  
   171.    Safety interface agreements—assessment by relevant road authorities of public roadways or pathways  
   172.    Safety interface agreements—assessment by relevant road authorities of relevant roadways or pathways  
   173.    Written notices of Safety Director in relation to safety interface agreements  
   174.    Directions of Safety Director in relation to safety interface agreements  
   175.    Registers of safety interface agreements  
   176.    Accredited rail transport operators are accredited persons  
   177.    Accreditations under Rail Safety (Local Operations) Act 2006 are accreditations under the Law  
   178.    Accreditations to be registered in National Rail Safety Register  
   179.    Applications for accreditation  
   180.    Directions to coordinate accreditation applications  
   181.    Emergency plan  
   182.    Discretionary applications for variations of accreditation  
   183.    Mandatory applications for variations of accreditation  
   184.    Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director  
   185.    Surrender of accreditation  
   186.    Suspended accreditations  
   187.    Cancellations of accreditations that have not taken effect  
   188.    Accreditation of rail infrastructure managers of registered private sidings that are freight terminals  
   189.    Pending applications for internal review  
   190.    Internal review of decision to take disciplinary action—imposition of new condition or restriction  
   191.    Internal review of decision to take disciplinary action—imposition of expiry date on accreditation  
   192.    Internal review of decision to take disciplinary action—suspension  
   193.    Internal review of decision to take disciplinary action—cancellation  

           Division 3--Transition on amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014

   194.    Things seized under seizure power  
   195.    Securing a site or restricting access to rolling stock  
   196.    Things seized under a search warrant  
   197.    Search warrant  
   198.    Direction to require production of document  
   199.    Powers to support seizure  
   200.    Power to direct a things return  
   201.    Receipt of seized things  
   202.    Power to require production of documents and to answer questions  
   203.    Improvement notices  
   204.    Prohibition notices  
   205.    Non-disturbance notices  
   206.    Injunctions for non-compliance with notices  
   207.    Enforceable undertakings  
   208.    Pending applications for internal review  
   209.    Internal review of decision to serve clearance certificate—improvement notice  
   210.    Internal review of decision to serve certificate—prohibition notice  
   211.    Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day  

           Division 4--General

   212.    Provision of information and assistance by the Safety Director to the Regulator  
           ENDNOTES

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