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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 3

Definitions and interpretation

    (1)     In this Act—

S. 3(1) def. of accreditation repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of accredited rail operations repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of accredited rail operator repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of accredited rail transport operator inserted by No. 23/2013 s. 5(1)(b).

"accredited rail transport operator" means a rail transport operator who is accredited under Part 5;

S. 3(1) def. of accredited railway operations inserted by No. 23/2013 s. 5(1)(b).

"accredited railway operations" means railway operations carried out by a rail transport operator in respect of which the operator is accredited under Part 5;

S. 3(1) def. of accredited tourist and heritage railway operator inserted by No. 19/2010 s. 37, repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of ambulance service repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

"approved code of practice" means a code of practice approved under Part 8 and includes an approved code of practice revised in accordance with that Part;

S. 3(1) def. of approved health professiona l amended by No. 13/2010 s. 51(Sch. item 46.1).

"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 (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 8 to take a blood sample for the purposes of this Act;

S. 3(1) def. of associated railway track structures inserted by No. 23/2013 s. 5(1)(b).

"associated railway track structures" includes—

        (a)     associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and

        (b)     over-track structures and under-track structures (including tunnels under tracks);

S. 3(1) def. of binding access arrangement amended by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(a)) (as amended by No. 45/2010 s. 22).

"binding access arrangement" has the same meaning as in section 38A of the Rail Management Act 1996 ;

S. 3(1) def. of breath analysing instrument repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;

S. 3(1) def. of Chief Investigator substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(b)) (as amended by No. 45/2010 s. 22).

"Chief Investigator" means the Chief Investigator, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010 ;

"competence", in relation to a rail safety worker, means sufficient education, training, experience, acquired knowledge, and skills to enable the rail safety worker to perform a specified task correctly;

"control", in relation to a rail infrastructure—see section 5;

S. 3(1) def. of coordinating road authority inserted by No. 69/2007 s. 54(1)(a).

"coordinating road authority" has the same meaning as in the Road Management Act 2004 ;

S. 3(1) def. of corre-sponding law substituted by No. 23/2013 s. 5(1)(c).

"corresponding law" means—

        (a)     the Rail Safety National Law Application Act 2013 ; or

        (b)     the Rail Safety National Law (Victoria); or

        (c)     a law of another State or a Territory of the Commonwealth declared under section 9 to be a corresponding law;

S. 3(1) def. of Country Fire Authority repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of Department amended by Nos 23/2013 s. 5(1)(d), 68/2017 s. 90(1).

"Department" means the Department of Economic Development, Jobs, Transport and Resources;

S. 3(1) def. of dispute resolution decision amended by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(c)) (as amended by No. 45/2010 s. 22).

"dispute resolution decision" has the same meaning as in section 38A of the Rail Management Act 1996 ;

S. 3(1) def. of drug substituted by No. 23/2013 s. 5(1)(e).

"drug "means—

        (a)     a drug within the meaning of the Rail Safety National Law (Victoria); or

        (b)     any other substance (other than alcohol)   which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

"emergency plan"—see section 52;

S. 3(1) def. of emergency service substituted by No. 23/2013 s. 5(1)(f).

emergency service means an emergency services   agency within the meaning of the Emergency Management Act 1986 ;

S. 3(1) def. of employee inserted by No. 23/2013 s. 5(1)(b).

"employee "includes a person employed under a contract of training;

"Energy Safe Victoria" means Energy Safe Victoria established under section 4 of the Energy Safe Victoria Act 2005 ;

S. 3(1) def. of footpath inserted by No. 69/2007 s. 54(1)(a).

"footpath" has the same meaning as in the Road Rules;

"hazard" means a source of potential harm;

"health and safety representative" has the same meaning as in the Occupational and Health and Safety Act 2004 ;

S. 3(1) def. of interface co‑ordination plan substituted by No. 47/2006 s. 40, repealed by No. 69/2007 s. 54(1)(b).

    *     *     *     *     *

S. 3(1) def. of level crossing inserted by No. 69/2007 s. 54(1)(a).

"level crossing" means—

        (a)     an area where a public roadway or a   relevant roadway and railway (other   than a tramway or light railway) cross at substantially the same level, whether or not there is a level crossing sign on the roadway at all or any of the entrances to the area; or

        (b)     an area where a public roadway or a relevant roadway and a tramway or light railway cross at substantially the same level and that has a level crossing sign on the roadway at each entrance to the area;

major incident means an incident or natural event that poses a serious and immediate risk to safety and includes a derailment of rolling stock, a collision, a fire or explosion;

S. 3(1) def. of Metropolitan Fire and Emergency Services Board repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of National Rail Safety Regulator inserted by No. 68/2017 s. 90(2).

"National Rail Safety Regulator" means the Regulator within the meaning of the Rail Safety National Law (Victoria);

S. 3(1) def. of national regulations inserted by No. 23/2013 s. 5(1)(b).

"national regulations "means the regulations made under section 264 of the Rail Safety National Law (Victoria);

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

"person" includes a body corporate, unincorporated body or association and a partnership;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 142.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of premises repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of prescribed concentration of alcohol substituted by No. 23/2013 s. 5(1)(g).

"prescribed concentration of alcohol "has the same meaning as in the Rail Safety National Law (Victoria);

S. 3(1) def. of prescribed drug inserted by No. 23/2013 s. 5(1)(b).

"prescribed drug "has the same meaning as in the Rail Safety National Law (Victoria);

S. 3(1) def. of prescribed notifiable occurrence inserted by No. 23/2013 s. 5(1)(b).

"prescribed notifiable occurrence" has the same meaning as in the national regulations;

"private siding" means a siding that is managed by a person other than a person who controls the rail infrastructure that the siding connects with, or has access to, but does not include—

        (a)     a marshalling yard;

        (b)     a siding used mainly to enable rolling stock to pass other rolling stock that is on the same track;

        (c)     a passenger terminal;

        (d)     a siding of a kind that the regulations state is not a private siding;

S. 3(1) def. of public highway inserted by No. 69/2007 s. 54(1)(a).

"public highway" has the same meaning as in the Road Management Act 2004 ;

S. 3(1) def. of public pathway inserted by No. 69/2007 s. 54(1)(a), substituted by No. 23/2013 s. 5(1)(h).

"public pathway" has the same meaning as pathway has in the Road Management Act 2004 ;

S. 3(1) def. of public road inserted by No. 69/2007 s. 54(1)(a).

"public road" has the same meaning as in the Road Management Act 2004 ;

S. 3(1) def. of public roadway inserted by No. 69/2007 s. 54(1)(a).

"public roadway" means an area within the meaning of paragraph (a) of the definition of roadway within the meaning of section 3(1) of the Road Management Act 2004 ;

S. 3(1) def. of public transport safety matter substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(d)) (as amended by No. 45/2010 s. 22), repealed by No. 68/2017
s. 90(3).

    *     *     *     *     *

"rail contractor" means a person who—

        (a)     whether or not under an agreement with a rail infrastructure manager or rolling stock operator designs, commissions, constructs, manufactures, supplies, installs, erects, maintains, repairs, modifies or decommissions any thing that may be used as rail infrastructure or rolling stock; or

        (b)     is engaged directly or indirectly by a rail infrastructure manager or rolling stock operator to supply rail infrastructure operations or rolling stock operations to that rail infrastructure manager or rolling stock operator, and includes a sub-contractor;

S. 3(1) def. of rail infrastructure substituted by No. 23/2013 s. 5(1)(i).

rail infrastructure means the facilities that are necessary to enable a railway to operate and includes—

        (a)     railway tracks and associated railway track structures; and

        (b)     service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and

        (c)     notices and signs; and

        (d)     electrical power supply and electric traction systems; and

        (e)     associated buildings, workshops, depots and yards; and

        (f)     plant, machinery and equipment; and

        (g)     tram stops and tram stations;

but does not include—

        (h)     rolling stock; or

              (i)     any facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;

"rail infrastructure manager" means a person who controls rail infrastructure;

S. 3(1) def. of rail infrastructure operations repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of rail land inserted by No. 23/2013 s. 5(1)(b).

"rail land" includes—

        (a)     any land specified in paragraphs (a) and (b) of the definition of railway premises ; and

        (b)     any land occupied by a railway infrastructure manager under the relevant rail infrastructure lease;

S. 3(1) def. of rail operations repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of rail operator repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

S. 3(1) def. of rail or road crossing inserted by No. 69/2007 s. 54(1)(a).

"rail or road crossing" means—

        (a)     a railway crossing; or

        (b)     a bridge carrying—

              (i)     a public roadway or relevant roadway over a railway; or

              (ii)     a public pathway or relevant pathway over a railway; or

        (c)     a bridge carrying a railway over—

              (i)     a public roadway or relevant roadway; or

              (ii)     a public pathway or relevant pathway;

"rail safety work"—see section 7;

S. 3(1) def. of rail safety worker amended by No. 23/2013 s. 5(1)(j).

"rail safety worker" means a person who has carried out, is carrying out or is about to carry out, rail safety work and includes—

        (a)     a person who is employed or engaged by a rail transport operator to carry out rail safety work;

        (b)     a person engaged by a person (other than by a rail transport operator) to carry out rail safety work;

        (c)     a trainee;

        (d)     a volunteer;

S. 3(1) def. of Rail Track inserted by No. 23/2013 s. 5(1)(b).

"Rail Track "means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of rail transport operator inserted by No. 23/2013 s. 5(1)(b).

"rail transport operator "means—

        (a)     a rail infrastructure manager; or

        (b)     a rolling stock operator; or

        (c)     a person who is both a rail infrastructure manager and a rolling stock operator;

S. 3(1) def. of rail workplace inserted by No. 23/2013 s. 5(1)(b).

"rail workplace "means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work;

"railway" means a guided system designed for the movement of rolling stock that has the capability of transporting passengers or freight or both on a railway track with a railway track gauge of 600 millimetres or more, together with its rail infrastructure, and includes—

        (a)     a heavy railway;

        (b)     a light railway;

        (c)     a monorail railway;

        (d)     an inclined railway;

        (e)     a tramway;

        (f)     a railway within a marshalling yard or passenger or freight terminal;

        (g)     a private siding;

        (h)     a railway that is prescribed by the regulations to be a railway;

Note

Section 6 sets out the railways to which this Act does not apply.

S. 3(1) def. of railway crossing inserted by No. 69/2007 s. 54(1)(a).

"railway crossing" means—

        (a)     a level crossing;

        (b)     any area where a public pathway or relevant pathway crosses a railway at substantially the same level;

S. 3(1) def. of railway operations inserted by No. 23/2013 s. 5(1)(b).

"railway operations "means any of the following—

        (a)     the construction of a railway, railway tracks and associated railway track structures;

        (b)     the construction of rolling stock;

        (c)     the design, management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;

        (d)     the design, commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;

        (e)     the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);

        (f)     the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;

        (g)     the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;

S. 3(1) def. of railway premises substituted by No. 23/2013 s. 5(1)(k), amended by No. 68/2017 s. 90(4).

"railway premises" means—

        (a)     land (including any premises on the land) on or in which is situated rail infrastructure; or

        (b)     land (including any premises on the land) on or in which is situated any over-track or under-track structure or part of an over-track or under-track structure; or

        (c)     workshops, freight depots or maintenance depots used in connection with the carrying out of railway operations; or

        (d)     land (including any premises on land) on or in which documents or records required for, or relating to, the accreditation of an accredited rail transport operator are kept; or

        (e)     premises including an office, building or housing used in connection with the carrying out of railway operations; or

        (f)     rolling stock or other vehicles associated with railway operations; or

        (g)     any other rail workplace;

S. 3(1) def. of registered employee organisation substituted by No. 74/2009 s. 19.

"registered employee organisation" means an organisation, of which some or all of the members are employees, that is registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.

S. 3(1) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 46.2).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of registered person inserted by No. 23/2013 s. 5(1)(b).

"registered person" means a rail transport operator who is registered under Division 7 of Part 5 but does not include a person whose registration has been suspended, surrendered or revoked or has otherwise ceased to have effect;

S. 3(1) def. of relevant pathway inserted by No. 69/2007 s. 54(1)(a).

"relevant pathway" means a footpath or shared path that does not form part of a public road;

S. 3(1) def. of relevant road authority inserted by No. 23/2013 s. 5(1)(b).

"relevant road authority" means—

        (a)     in relation to a public roadway, the coordinating road authority within the meaning of section 36 of the Road Management Act 2004 ;

        (b)     in relation to a relevant roadway, relevant pathway or public pathway—the responsible road authority within the meaning of section 37 of the Road Management Act 2004 or the owner or occupier of the land on which there is a relevant roadway or relevant pathway;

S. 3(1) def. of relevant road manager inserted by No. 69/2007 s. 54(1)(a), repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *




S. 3(1) def. of relevant roadway inserted by No. 69/2007 s. 54(1)(a).

"relevant roadway" means an area that is developed for, or has as one of its main uses, the driving or riding of motor vehicles, whether or not that area is—

        (a)     open to or used by the public; or

        (b)     a public highway

but does not include a public roadway;

"residential premises" means premises, or a part of premises, that is used for predominantly residential purposes;

S. 3(1) def. of road authority inserted by No. 23/2013 s. 5(1)(b).

"road authority "has the same meaning as in section 3(1) of the Road Management Act 2004 ;

S. 3(1) def. of road infrastructure inserted by No. 69/2007 s. 54(1)(a).

"road infrastructure" has the same meaning as in the Road Management Act 2004 ;

S. 3(1) def. of Road Rules inserted by No. 69/2007 s. 54(1)(a), substituted by No. 23/2013 s. 5(1)(l).

"Road Rules" means the Road Safety Road Rules   2009;

S. 3(1) def. of rolling stock amended by No. 23/2013 s. 5(1)(m).

"rolling stock" means a vehicle that operates on or uses a railway, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, self propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle but does not include a vehicle designed to operate both on and off a railway when the vehicle is not operating on a railway;

S. 3(1) def. of rolling stock operations repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

"rolling stock operator" means a person who is entitled to operate rolling stock on a railway because the person is—

        (a)     also the rail infrastructure manager who   controls the railway on which the rolling stock is operated; or

        (b)     a party to an agreement that allows them to operate rolling stock on that railway; or

        (c)     allowed to operate rolling stock on that   railway under a binding access arrangement or dispute resolution decision;

S. 3(1) def. of safety audit substituted by No. 69/2007 s. 54(2), amended by No. 23/2013 s. 5(1)(n).

"safety audit" means an inspection of—

        (a)     any of the following or a part of the following—

              (i)     rail infrastructure used in carrying out accredited railway operations;

              (ii)     rolling stock used in carrying out accredited railway operations;

              (iii)     accredited railway operations; or

        (b)     the performance of, or any aspect of the performance of—

              (i)     the employees of an accredited rail transport operator; or

              (ii)     a rail contractor within the meaning of paragraph (b) of the definition of rail contractor who supplies railway operations to an accredited rail transport operator;

S. 3(1) def. of Safety Director substituted by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(e)) (as amended by No. 45/2010 s. 22).

"Safety Director "means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of safety interface agreement inserted by No. 69/2007 s. 54(1)(a).

"safety interface agreement"—see Division 2 of Part 4;

"safety management system"—see Division 4 of Part 3;

"Secretary" means the Secretary to the Department;

S. 3(1) def. of shared path inserted by No. 69/2007 s. 54(1)(a).

"shared path" has the same meaning as in Rule 242 of the Road Rules;

"substance" means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture;

"supply" includes—

        (a)     in relation to goods—supply and resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;

        (b)     in relation to services—provide, grant or confer, whether as principal or agent;

S. 3(1) def. of tourist and heritage railway operator inserted by No. 23/2013 s. 5(1)(b).

"tourist and heritage railway operator" means a rail transport operator declared under section 3B to be a tourist and heritage railway operator;

S. 3(1) def. of transport safety officer amended by No. 6/2010 s. 203(1)
(Sch. 6 item 40.1(f)) (as amended by No. 45/2010 s. 22), substituted by No. 27/2014 s. 136.

transport safety officer has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;

S. 3(1) def. of Tribunal repealed by No. 23/2013 s. 5(1)(a).

    *     *     *     *     *

"utility" means—

        (a)     an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth;

        (b)     a road authority within the meaning of the Road Management Act 2004 ;

S. 3(1) def. of Victorian Institute of Forensic Medicine Director amended by No. 77/2008 s. 129(Sch. 2 item 23.1).

"Victorian Institute of Forensic Medicine Director" means the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985 ;

S. 3(1) def. of volunteer amended by No. 23/2013 s. 5(1)(o).

"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

S. 3(1) def. of works contractor inserted by No. 23/2013 s. 5(1)(b).

"works contractor "means any person engaged directly or indirectly by Rail Track or a road authority to conduct road works or ancillary rail works on behalf of Rail Track or the road authority, including a subcontractor;

S. 3(1) def. of works manager inserted by No. 23/2013 s. 5(1)(b).

"works manager "means Rail Track, a road authority or a works contractor.

S. 3(2) amended by No. 23/2013 s. 5(2).

    (2)     For the purposes of this Act, a rail infrastructure manager is taken to carry out railway operations supplied to the rail infrastructure manager by—

        (a)     a rail contractor engaged directly or indirectly by the rail infrastructure manager to supply those operations to the rail infrastructure manager; or

        (b)     a sub-contractor of the rail contractor referred to in paragraph (a).

S. 3(3) amended by No. 23/2013 s. 5(3).

    (3)     For the purposes of this Act, a rolling stock operator is taken to carry out railway operations supplied to the rolling stock operator by—

        (a)     a rail contractor engaged directly or indirectly by the rolling stock operator to supply those operations to the rolling stock operator; or

        (b)     a sub-contractor of the rail contractor referred to in paragraph (a).

    (4)     For the purposes of this Act—

S. 3(4)(a) amended by No. 23/2013 s. 5(4)(a)–(c).

        (a)     an accredited rail transport operator is taken to carry out railway operations supplied to the accredited rail transport operator by—

S. 3(4)(a)(i) amended by No. 23/2013 s. 5(4)(a).

              (i)     a rail contractor engaged directly or indirectly by the accredited rail transport operator to supply those operations to the accredited rail transport operator; or

              (ii)     a sub-contractor of the rail contractor referred to in subparagraph (i); and

S. 3(4)(b) amended by No. 23/2013 s. 5(4)(b)–(d).

        (b)     railway operations referred to in paragraph (a) are taken to be accredited railway operations.

S. 3(5) inserted by No. 69/2007 s. 54(3).

    (5)     For the purposes of this Act—

S. 3(5)(a) amended by No. 23/2013 s. 5(5)(a)(b).

        (a)     a rail infrastructure manager is taken to carry out railway operations carried out for that manager by a labour-hire contractor;

S. 3(5)(b) amended by No. 23/2013 s. 5(5)(b)(c).

        (b)     a rolling stock operator is taken to carry out railway operations carried out for that operator by a labour-hire contractor.

S. 3(6) inserted by No. 69/2007 s. 54(3).

    (6)     In subsection (5)—

S. 3(6) def. of labour-hire contractor amended by No. 23/2013 s. 5(6).

"labour-hire contractor" means an individual whose services are supplied to a rail infrastructure manager or rolling stock operator under an agreement or arrangement between—

        (a)     the person that employs or engages that individual; and

        (b)     as the case requires, that manager or operator—

to carry out railway operations.

S. 3A inserted by No. 6/2010 s. 24(5)
(Sch. 1 item 13) (as amended by No. 45/2010 s. 5).



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