Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 5

    (1)     In section 3(1) of the Principal Act—

        (a)     the definitions of "accreditation", accredited rail operations", "accredited rail operator , accredited tourist and heritage railway operator", "ambulance service , "breath analysing instrument", Country Fire Authority , "Metropolitan Fire and Emergency Services Board", premises"," rail infrastructure operations , rail operations , rail operator , relevant road manager , rolling stock operations and Tribunal are repealed ;

        (b)     insert the following definitions—

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

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

"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);

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

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

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

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

"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;

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

"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;

"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 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;

"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;

"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;

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

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

"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;

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

        (c)     for the definition of corresponding law substitute —

""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;";

        (d)     in the definition of "Department", for "Infrastructure" substitute "Transport";

        (e)     for the definition of drug substitute —

""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;";

        (f)     for the definition of emergency service substitute —

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

        (g)         for the definition of prescribed concentration of alcohol substitute —

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

        (h)     for the definition of public pathway substitute —

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

              (i)     for the definition of rail infrastructure substitute —

" 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;";

        (j)     in the definition of "rail safety worker", in paragraphs (a) and (b), after "by a rail" insert "transport";

        (k)     for the definition of railway premises substitute —

""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 rail operations; or

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

        (g)     any other rail workplace;";

        (l)     for the definition of Road Rules substitute —

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

        (m)     in the definition of rolling stock —

              (i)     omit "or a part of a vehicle" (where twice occurring);

              (ii)     omit "track" (where three times occurring);

              (iii)     for "road/rail" substitute "self propelled infrastructure maintenance";

        (n)     in the definition of " safety audit"—

              (i)         in paragraphs (a)(i), (ii) and (iii) and (b)(ii), for "rail operations" substitute "railway operations"; and

              (ii)     in paragraphs (b)(i) and (ii), for "rail operator" substitute "rail transport operator";

        (o)     in the definition of "volunteer", for "expenses)." substitute "expenses);".

    (2)     In section 3(2) of the Principal Act—

        (a)     for "deemed" substitute "taken";

        (b)     for "rail infrastructure operations" substitute "railway operations".

    (3)     In section 3(3) of the Principal Act—

        (a)     for "deemed" substitute "taken";

        (b)     for "rolling stock operations" substitute "railway operations".

    (4)     In section 3(4) of the Principal Act—

        (a)     in paragraph (a), after "accredited rail" (wherever occurring) insert "transport";

        (b)     in paragraphs (a) and (b), for "deemed" substitute "taken";

        (c)     in paragraphs (a) and (b), for "rail infrastructure operations or rolling stock operations" substitute "railway operations";

        (d)     in paragraph (b), for "rail operations" substitute "railway operations".

    (5)     In section 3(5) of the Principal Act—

        (a)     in paragraphs (a) and (b), for "deemed" substitute "taken";

        (b)     in paragraph (a), for "rail infrastructure operations" substitute "railway operations";

        (c)     in paragraph (b), for "rolling stock operations" substitute "railway operations".

    (6)     In section 3(6) of the Principal Act, in the definition of "labour-hire contractor", for
"rail infrastructure operations or rolling stock operations (as the case requires)" substitute "railway operations".