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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 104A

Reciprocal powers of rail safety officers

    (1)     This section has effect in relation to another jurisdiction while there is in force a corresponding rail safety law that contains provisions corresponding to this section.

    (2)     The Minister may enter into an agreement with a Minister of another jurisdiction for the purposes of this section, including an agreement to amend or revoke any such agreement.

    (3)     To the extent envisaged by an agreement—

        (a)     transport safety officers of this jurisdiction may exercise functions conferred on rail safety officers of the other jurisdiction under the corresponding rail safety law of that other jurisdiction; and

        (b)     rail safety officers of that other jurisdiction may exercise functions conferred on transport safety officers under this Act.

    (4)     Anything done or omitted to be done by a transport safety officer of this jurisdiction under subsection (3) is taken to have been done under this Act as well as under the corresponding rail safety law.

    (5)     The regulations may make provision for or with respect to the exercise of functions under this section.

    (6)     Nothing in this section affects the appointment under section 228T of the Transport (Compliance and Miscellaneous) Act 1983 of persons as transport safety officers for the purposes of this Act.

    (7)     In this section—

S. 104A(7) def. of
another jurisdiction inserted by No. 23/2013 s. 96(a).

"another jurisdiction" means a State other than Victoria or a Territory;

"corresponding rail safety law" means—

        (a)     the law of another jurisdiction corresponding, or substantially corresponding, to this Act; or

        (b)     a law of another jurisdiction that is declared under the regulations to be a corresponding rail safety law;

S. 104A(7) def. of
rail safety officer amended by No. 23/2013 s. 96(b).

"rail safety officer", of another jurisdiction, means an officer appointed under a law of that jurisdiction with functions corresponding to those of a transport safety officer in relation to rail safety;

S. 104A(7) def. of
this jurisdiction inserted by No. 23/2013 s. 96(a).

"this jurisdiction" means Victoria.

Division 5—Regulations



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