(1) This Act does not apply to—
(a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or
S. 6(1)(b) substituted by No. 23/2013 s. 8(1).
(b) a railway that—
(i) is used only for the purposes of an amusement structure; and
(ii) is operated only within an amusement park; and
(iii) does not operate on or cross a public road; and
(iv) is not connected with another railway in respect of a rail transport operator which is required to be accredited or registered under this Act;
(c) a slipway; or
(d) a railway used only to guide a crane; or
(e) an aerial cable operated system; or
S. 6(1)(f) amended by No. 23/2013 s. 8(2).
(f) a railway that the regulations state is a railway to which this Act does not apply; or
S. 6(1)(g) inserted by No. 23/2013 s. 8(3).
(g) a railway to which the Rail Safety National Law (Victoria) applies.
S. 6(2) inserted by No. 23/2013 s. 8(4).
(2) In this section, "amusement structure "means a structure or device operated for hire or reward, or provided on hire or lease—
(a) that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and
(b) that is an arrangement of structural or mechanical elements (or both) that has as its prime functions the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect.
S. 7 amended by Nos 69/2007 s. 55, 49/2011 s. 21, substituted by No. 23/2013 s. 9.