Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013) - SECT 95

After section 101 of the Principal Act insert —

        " 101A     No double jeopardy—Occupational Health and Safety Act 2004

If—

        (a)     an act or omission is an offence against this Act and is also an offence against the Occupational Health and Safety Act 2004 ; and

        (b)     the offender has been punished for the offence under the Occupational Health and Safety Act 2004 —

the offender is not liable to be punished for the offence against this Act.

        101B     No double jeopardy—Rail Safety National Law

    (1)     If—

        (a)     an act or omission is an offence against this Act and is also an offence against the Rail Safety National Law (Victoria) or the Rail Safety National Law as it applies as a law of another State or a Territory; and

        (b)     the offender has been punished for the offence under the Rail Safety National Law (Victoria) or that other Law—

the offender is not liable to be punished for the offence against this Act.

    (2)     In this section—

"Rail Safety National Law" means the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia.".