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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions and interpretation  
   3A.     Transport Integration Act 2010  
   3B.     Tourist and heritage railway operator  
   5.      Meaning of control  
   6.      Railways to which this Act does not apply  
   7.      Meaning of rail safety work  
   8.      Approval of person to take blood samples for the purposes of Part 6  
   9.      Declaration of an alcohol and drug control law of another State or Territory to be corresponding law  
   11.     Objects and principles of rail safety  
   11A.    Consistency with Rail Safety National Law (Victoria)  
   12.     Crown to be bound  

   PART 2--PRINCIPLES OF RAIL SAFETY

   13.     Principle of shared responsibility  
   14.     Principle of accountability for managing safety risks  
   15.     Principle of integrated risk management  
   16.     Principle of enforcement  
   17.     Principle of transparency and consistency  
   18.     Principle of participation, consultation and involvement of all affected persons  

   PART 3--RAIL SAFETY DUTIES AND OTHER SAFETY REQUIREMENTS

   18A.    Principles applying to rail safety duties  
   19.     The concept of ensuring safety  
   20.     Duties of rail transport operators  
   22.     Rail contractor duties  
   22A.    Duties of persons providing railway operations by means of contracted personnel  
   23.     Duties of rail safety workers  
   23A.    Duty of persons engaged in loading and unloading rolling stock  
   24.     What is a safety management system?  
   25.     Form and contents of safety management systems  
   26.     Accredited rail transport operator must consult before establishing safety management system  
   27.     Accredited rail transport operator to have in place a safety management system  
   28.     Accredited rail transport operator must comply with a safety management system  
   28A.    Provision of access to SMS to Safety Director or transport safety officer  
   28B.    Requirements of exempted rail transport operator  
   29.     Safety audits  
   30.     Audit of medical records of rail safety workers  
   31.     Single charge for multiple contraventions of certain duties  
   32.     Civil liability not affected by Division 2 or 3  

   PART 4--PROTECTION AND CONTROL OF RAILWAY OPERATIONS

   33.     Safety Director may require utility works or railway operations to stop  
   33A.    Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land  
   34.     Safety Director may direct utility works or railway operations to be altered, demolished or taken away  
   34A.    What is a safety interface agreement?  
   34B.    Safety interface assessment by rail transport operator—railway operations  
   34C.    Safety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways  
   34D.    Safety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways  
   34E.    Safety interface assessment by relevant road authority of public roadway or pathway  
   34F.    Safety interface assessment by relevant road authority of relevant roadway or pathway  
   34G.    Requirements under sections 34E and 34F not to affect relevant road authority's functions, obligations or powers  
   34H.    Identification and assessment of risks  
   34I.    Safety interface agreements  
   34J.    Safety Director may give directions if persons fail to make safety interface agreements  
   34K.    Register of safety interface agreements  

   PART 5--ACCREDITATION OF RAILWAY OPERATIONS

   35.     Purpose of accreditation  
   35A.    Public Transport Development Authority is exempt  
   35B.    Secretary to the Department is exempt  
   35C.    Head, Transport for Victoria is exempt  
   36.     Offence for certain rail transport operators not to be accredited  
   38.     Application for accreditation  
   39.     Criteria on which accreditation applications by rail transport operators are to be assessed  
   41.     Accreditation following direction  
   42.     Safety Director may give directions in relation to rolling stock operator applicants  
   43.     Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications  
   44.     Time within which Safety Director must make decision whether to accredit  
   45.     Notification and reasons to be given if accreditation refused  
   46.     Restrictions and conditions concerning accreditation  
   46A.    Initial and annual accreditation fees  
   46B.    Fee exemptions for tourist and heritage railway operators  
   47.     How long accreditation lasts  
   48.     Offence to fail to comply with conditions etc.  
   50.     Identification of incidents and hazards, and risk assessment  
   51.     Measures to control likelihood, magnitude and severity of consequences of incidents  
   52.     Emergency planning  
   53.     Accredited rail transport operator may apply for variation or revocation of conditions and restrictions  
   54.     Application for variation of accreditation is required in certain cases  
   54A.    Where application for variation relates to co‑operative railway operations  
   54B.    Prescribed conditions and restrictions  
   55.     Safety Director may vary, revoke or impose new conditions of or restrictions on an accreditation on own initiative  
   56.     Surrender of accreditation  
   57.     False or misleading information  
   58.     Power of immediate suspension  
   59.     Disciplinary action against an accredited rail transport operator  
   60.     Procedure and powers concerning disciplinary inquiries  
   61.     Effect of suspension  
   61A.    Definitions  
   61B.    Accreditation exemption for rail transport operators  
   61C.    What applicant must demonstrate  
   61D.    Determination of application  
   61E.    Application for variation of an exemption  
   61F.    Determination of application for variation  
   61G.    Prescribed conditions and restrictions  
   61H.    Variation of conditions and restrictions  
   61I.    Safety Director may make changes to conditions or restrictions  
   61J.    Revocation or suspension of an exemption  
   61K.    Penalty for breach of condition or restriction  
   62.     Accreditation cannot be transferred  
   62A.    Co-ordination between Safety Director and corresponding Rail Safety Regulator  
   67.     Accredited rail transport operator must investigate railway accidents and incidents  
   68.     Accredited rail transport operator must put into effect emergency plan without delay  
   69.     Accredited rail transport operator must notify emergency services and others of a major incident  
   69A.    Accredited rail transport operators to provide information  
   69B.    Exemption from accreditation in respect of certain private sidings  
   69C.    Requirement for operators of certain private sidings to be registered  
   69D.    Application for registration  
   69E.    What applicant must demonstrate  
   69F.    Determination of application  
   69G.    Application for variation of registration  
   69H.    Determination of application for variation  
   69I.    Prescribed conditions and restrictions  
   69J.    Variation of conditions and restrictions  
   69K.    Safety Director may make changes to conditions or restrictions  
   69L.    Revocation or suspension of registration  
   69M.    Immediate suspension of registration  
   69N.    Surrender of registration  
   69O.    Annual fees  
   69P.    Waiver of fees  
   69Q.    Registration cannot be transferred or assigned  
   69R.    Offences relating to registration  

   PART 6--ALCOHOL AND DRUG CONTROLS FOR RAIL SAFETY WORKERS

   70.     Definitions  
   71.     Presumptions in relation to presence of concentrations of alcohol and other drugs  
   72.     When a rail safety worker is not to be taken to be impaired  
   73.     When a rail safety worker is to be regarded as being about to carry out rail safety work  
   74.     Findings of guilt and convictions and subsequent offences  
   75.     Entry into residential premises by transport safety officer or police restricted  
   76.     Offence relating to prescribed concentration of alcohol or prescribed drug  
   77.     Additional offences involving alcohol and drugs  
   78.     Additional circumstances when rail safety workers may be convicted or found guilty  
   79.     Evidence as to effect of the consumption of alcohol or consumption or use of a drug  
   80.     Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work  
   81.     Recording of drug and alcohol convictions by a court  
   82.     Testing for presence of drugs or alcohol  
   83.     Transport safety officer and police may require preliminary breath test or breath analysis  
   84.     Additional matters for preliminary breath tests  
   85.     Additional matters for breath analyses  
   86.     Evidentiary matters relating to breath analysis  
   86A.    Transport safety officer or police officer may require drug screening test, oral fluid analysis and blood test  
   86B.    Assessment of drug impairment  
   86C.    Procedure for assessments of drug impairment  
   86CA.   Drug screening tests  
   86CB.   Oral fluid analysis  
   86CC.   Provision of oral fluid samples for oral fluid analysis  
   86CD.   Part of oral fluid sample to be delivered to rail safety worker if drugs detected  
   86CE.   Rail safety worker required to provide oral fluid sample may request sample of blood to be taken  
   86CF.   Officer may require blood sample if oral fluid sample insufficient  
   86CG.   Evidentiary matters relating to oral fluid analysis  
   86D.    Blood tests  
   86E.    Rail safety worker may request sample of blood to be taken for analysis  
   86F.    Oral fluid or blood sample or results of analysis etc. not to be used for other purposes  
   86G.    Destruction of identifying information  
   86H.    Blood samples to be taken in certain cases  
   86I.    Evidentiary provisions—blood tests  
   86J.    Evidentiary provisions—oral fluid samples  
   86K.    Evidentiary provisions—breath tests  
   86L.    Approvals  

   PART 7--REVIEW OF DECISIONS

   87.     Reviewable decisions  
   88.     Internal review  
   89.     Review by VCAT  
   90.     Special right of review concerning interstate applicants  

   PART 8--CODES OF PRACTICE

   91.     Codes of practice  
   92.     Revisions to approved codes of practice  
   93.     Revocation of approvals of codes of practice  
   94.     Availability of approved codes of practice  
   95.     Minister must consult before approving code of practice or revision to code of practice  
   96.     Effect of approved code of practice  

   PART 9--GENERAL

   97.     Imputing conduct to bodies corporate  
   98.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   99.     Liability of officers of partnerships and unincorporated bodies or associations  
   100.    Responsible agency for the Crown  
   101.    Interaction with the Occupational Health and Safety Act 2004  
   101A.   No double jeopardy—Occupational Health and Safety Act 2004  
   101B.   No double jeopardy—Rail Safety National Law  
   102.    Effect of compliance with regulations or approved codes of practice  
   103.    Fees for service  
   104.    Tabling and disallowance of certain Orders, notices and approved codes of practice  
   104A.   Reciprocal powers of rail safety officers  
   105.    Accreditation  
   106.    Safety duties and risk management requirements and minimisation  
   107.    Safety management systems  
   107A.   Systems and arrangements for exempt rail transport operators  
   108.    Rail safety work  
   109.    Alcohol and other drug controls  
   110.    General regulation making powers  

   PART 10--SAVINGS AND TRANSITIONALS--TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013

   111.    Renaming of Act—Savings provision  
           ENDNOTES


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