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This is a Bill, not an Act. For current law, see the Acts databases.


RAIL SAFETY NATIONAL LAW (WA) BILL 2014

                   Western Australia


Rail Safety National Law (WA) Bill 2014

                       Contents

      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Terms used                                           2
      Part 2 -- Application of Rail Safety
           National Law
4.    Application of Rail Safety National Law              3
5.    Local modifications to the Rail Safety National
      Law                                                  3
6.    Meaning of generic terms in Rail Safety National
      Law (WA) for purposes of this jurisdiction           4
7.    No double jeopardy                                   6
8.    Exclusion of legislation of this jurisdiction        6
      Part 3 -- Local provisions for alcohol
           and drug testing
      Division 1 -- Preliminary
9.    Terms used                                           8
      Division 2 -- Alcohol testing
10.   Using breath sample to find blood alcohol content   10
11.   Preliminary breath test or breath analysis          10
12.   When breath test or breath analysis may be
      required                                            11
13.   Rail safety worker not obliged to comply with
      requirement in certain circumstances                11
14.   Authorised person must not make requirement in
      certain circumstances                               12
15.   Conduct of breath analysis                          12


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      16.     Further breath analysis                                12
      17.     Breath analysis indicates prescribed BAC               13
              Division 3 -- Drug testing
      18.     Drug screening test, oral fluid analysis or urine
              analysis                                               13
      19.     When drug screening test or oral fluid analysis
              may be required                                        13
      20.     When urine analysis may be required                    14
      21.     Rail safety worker not obliged to comply with
              requirement in certain circumstances                   14
      22.     Authorised person must not make requirement in
              certain circumstances                                  15
              Division 4 -- Blood samples
      23.     Term used: hospital                                    15
      24.     Provision of blood sample                              15
      25.     Blood sample after preliminary breath test or
              breath analysis requirement                            16
      26.     Blood sample after drug screening, oral fluid
              analysis or urine analysis requirement                 17
      27.     Blood sample if test or analysis fails to explain
              conduct, condition or appearance                       17
      28.     Rail safety worker not obliged to comply with
              requirement in certain circumstances                   18
      29.     Compulsory blood testing following a prescribed
              notifiable occurrence                                  18
              Division 5 -- Evidence
      30.     Term used: relevant time                               19
      31.     Use of test or analysis result in court proceedings    20
      32.     Calculating BAC at relevant time                       21
      33.     Evidence by certificate                                22
              Division 6 -- Other matters for purposes of this
                     Part
      34.     Reports relating to worker's refusal or failure to
              comply with requirement of authorised person           23
      35.     Protection from personal liability for sample takers
              and analysts                                           24
      36.     Self-incrimination no excuse                           24
      37.     Local regulations                                      25



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                                                           Contents



      Part 4 -- Local repeal and
           transitional provisions
      Division 1 -- Preliminary
38.   Terms used                                             26
      Division 2 -- Repeal
39.   Repeal                                                 26
      Division 3 -- Transitional
40.   Accreditation                                          26
41.   Registration                                           27
42.   Police officers continue to be authorised              28
43.   Alleged offences against repealed Act                  28
44.   Notifiable occurrences                                 29
45.   Notices                                                29
46.   Safety-related systems, agreements, plans,
      programmes and assessments                             29
47.   Reviews and appeals                                    30
48.   Provision of information and assistance by
      Director of Rail Safety                                30
49.   Funds in, or payable to, Rail Safety Accreditation
      Account                                                30
      Part 5 -- Consequential amendments
50.   Various references to "Rail Safety Act 2010"
      amended                                                32
      Schedule -- Rail Safety National Law
      Part 1 -- Preliminary
1.    Short title                                            33
2.    Commencement                                           33
3.    Purpose, objects and guiding principles of Law         33
4.    Interpretation                                         34
5.    Interpretation generally                               44
6.    Declaration of substance to be drug                    44
7.    Railways to which this Law does not apply              45
8.    Meaning of rail safety work                            46
9.    Single national entity                                 47
10.   Extraterritorial operation of Law                      48
11.   Crown to be bound                                      48



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Contents



              Part 2 -- Office of the National Rail Safety
                    Regulator
              Division 1 -- Establishment, functions, objectives,
                     etc
      12.     Establishment                                        48
      13.     Functions and objectives                             49
      14.     Independence of ONRSR                                50
      15.     Powers                                               50
              Division 2 -- Office of the National Rail Safety
                     Regulator
      16.     Constitution of ONRSR                                50
      17.     Appointment of Regulator                             51
      18.     Acting National Rail Safety Regulator                51
      19.     Functions of Regulator                               52
      20.     Power of Regulator to obtain information             52
      21.     Appointment of non-executive members                 54
      22.     Vacancy in or removal from office                    54
      23.     Member to give responsible Ministers notice of
              certain events                                       55
      24.     Extension of term of office during vacancy in
              membership                                           55
      25.     Members to act in public interest                    56
      26.     Disclosure of conflict of interest                   56
              Division 3 -- Procedures
      27.     Times and places of meetings                         57
      28.     Conduct of meetings                                  57
      29.     Defects in appointment of members                    58
      30.     Decisions without meetings                           58
      31.     Common seal and execution of documents               58
              Division 4 -- Finance
      32.     Establishment of Fund                                59
      33.     Payments into Fund                                   59
      34.     Payments out of Fund                                 60
      35.     Investment of money in Fund                          60
      36.     Financial management duties of ONRSR                 60
              Division 5 -- Staff
      37.     Chief executive                                      61
      38.     Staff                                                61
      39.     Secondments to ONRSR                                 62
      40.     Consultants and contractors                          62

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                                                             Contents



      Division 6 -- Miscellaneous
41.   Regulator may be directed to investigate rail safety
      matter                                                   62
42.   National Rail Safety Register                            62
43.   Annual report                                            64
44.   Other reporting requirements                             65
45.   Delegation                                               65
      Part 3 -- Regulation of rail safety
      Division 1 -- Interpretation
46.   Management of risks                                      65
47.   Meaning of reasonably practicable                        66
      Division 2 -- Occupational health and safety and
             railway operations
48.   Relationship between this Law and OHS
      legislation                                              66
49.   No double jeopardy                                       67
      Division 3 -- Rail safety duties
50.   Principles of shared responsibility, accountability,
      integrated risk management, etc                          67
51.   Principles applying to rail safety duties                68
52.   Duties of rail transport operators                       69
53.   Duties of designers, manufacturers, suppliers etc        71
54.   Duties of persons loading or unloading freight           72
55.   Duty of officers to exercise due diligence               72
56.   Duties of rail safety workers                            73
57.   Meaning of safety duty                                   74
58.   Failure to comply with safety duty -- reckless
      conduct -- Category 1                                     74
59.   Failure to comply with safety duty -- Category 2          75
60.   Failure to comply with safety duty -- Category 3          75
      Division 4 -- Accreditation
61.   Purpose of accreditation                                 75
62.   Accreditation required for railway operations            75
63.   Purposes for which accreditation may be granted          76
64.   Application for accreditation                            77
65.   What applicant must demonstrate                          78
66.   Regulator may direct applicants to coordinate
      applications                                             78
67.   Determination of application                             79


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      68.     Application for variation of accreditation              81
      69.     Determination of application for variation              82
      70.     Prescribed conditions and restrictions                  84
      71.     Variation of conditions and restrictions                84
      72.     Regulator may make changes to conditions or
              restrictions                                           84
      73.     Revocation or suspension of accreditation              85
      74.     Immediate suspension of accreditation                  88
      75.     Surrender of accreditation                             89
      76.     Annual fees                                            89
      77.     Waiver of fees                                         90
      78.     Penalty for breach of condition or restriction         90
      79.     Accreditation cannot be transferred or assigned        90
      80.     Sale or transfer of railway operations by accredited
              person                                                 91
      81.     Keeping and making available records for public
              inspection                                              91
              Division 5 -- Registration of rail infrastructure
                     managers of private sidings
      82.     Exemption from accreditation in respect of certain
              private sidings                                         92
      83.     Requirement for managers of certain private
              sidings to be registered                                92
      84.     Application for registration                            93
      85.     What applicant must demonstrate                         94
      86.     Determination of application                            94
      87.     Application for variation of registration               96
      88.     Determination of application for variation              97
      89.     Prescribed conditions and restrictions                  98
      90.     Variation of conditions and restrictions                98
      91.     Regulator may make changes to conditions or
              restrictions                                            99
      92.     Revocation or suspension of registration                99
      93.     Immediate suspension of registration                   100
      94.     Surrender of registration                              101
      95.     Annual fees                                            102
      96.     Waiver of fees                                         103
      97.     Registration cannot be transferred or assigned         103
      98.     Offences relating to registration                      103



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                                                            Contents



       Division 6 -- Safety management
99.    Safety management system                               104
100.   Conduct of assessments for identified risks            106
101.   Compliance with safety management system               107
102.   Review of safety management system                     107
103.   Safety performance reports                             108
104.   Regulator may direct amendment of safety
       management system                                      109
105.   Requirements for and scope of interface
       agreements                                             110
106.   Interface coordination -- rail transport operators      111
107.   Interface coordination -- rail infrastructure and
       public roads                                           111
108.   Interface coordination -- rail infrastructure and
       private roads                                          112
109.   Identification and assessment of risks                 113
110.   Regulator may give directions                          114
111.   Register of interface agreements                       115
112.   Security management plan                               116
113.   Emergency management plan                              116
114.   Health and fitness management program                  117
115.   Drug and alcohol management program                    117
116.   Fatigue risk management program                        118
117.   Assessment of competence                               118
118.   Identification of rail safety workers                  120
119.   Other persons to comply with safety management
       system                                                 120
       Division 7 -- Information about rail safety etc
120.   Power of Regulator to obtain information from rail
       transport operators                                    120
       Division 8 -- Investigating and reporting by rail
              transport operators
121.   Notification of certain occurrences                    121
122.   Investigation of notifiable occurrences                122
       Division 9 -- Drug and alcohol testing by Regulator
123.   Testing for presence of drugs or alcohol               123
124.   Appointment of authorised persons                      123
125.   Identity cards                                         124
126.   Authorised person may require preliminary breath
       test or breath analysis                                124


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      127.    Authorised person may require drug screening test,
              oral fluid analysis and blood test                      125
      128.    Offence relating to prescribed concentration of
              alcohol or prescribed drug                              126
      129.    Oral fluid or blood sample or results of analysis etc
              not to be used for other purposes                       127
              Division 10 -- Train safety recordings
      130.    Interpretation                                          128
      131.    Disclosure of train safety recordings                   128
      132.    Admissibility of evidence of train safety recordings
              in civil proceedings                                    129
              Division 11 -- Audit of railway operations by
                     Regulator
      133.    Audit of railway operations by Regulator                130
              Part 4 -- Securing compliance
              Division 1 -- Guiding principle
      134.    Guiding principle                                       131
              Division 2 -- Rail safety officers
      135.    Appointment                                             131
      136.    Identity cards                                          132
      137.    Accountability of rail safety officers                  132
      138.    Suspension and ending of appointment of rail
              safety officers                                         132
              Division 3 -- Regulator has functions and powers of
                     rail safety officers
      139.    Regulator has functions and powers of rail safety
              officers                                                132
              Division 4 -- Functions and powers of rail safety
                     officers
      140.    Functions and powers                                    133
      141.    Conditions on rail safety officers' powers              133
      142.    Rail safety officers subject to Regulator's
              directions                                              133
              Division 5 -- Powers relating to entry
      143.    Powers of entry                                         133
      144.    Notification of entry                                   134
      145.    General powers on entry                                 134
      146.    Persons assisting rail safety officers                  136
      147.    Use of electronic equipment                             136


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148.   Use of equipment to examine or process things             137
149.   Securing a site                                           137
150.   Search warrants                                           138
151.   Announcement before entry on warrant                      140
152.   Copy of warrant to be given to person with control
       or management of place                                    140
153.   Places used for residential purposes                      140
154.   Power to require production of documents and
       answers to questions                                      141
155.   Abrogation of privilege against self-incrimination        142
156.   Warning to be given                                       142
157.   Power to copy and retain documents                        143
158.   Power to seize evidence etc                               143
159.   Directions relating to seizure                            144
160.   Rail safety officer may direct a thing's return           144
161.   Receipt for seized things                                 145
162.   Forfeiture of seized things                               145
163.   Return of seized things                                   146
164.   Access to seized thing                                    147
       Division 6 -- Damage and compensation
165.   Damage etc to be minimised                                147
166.   Rail safety officer to give notice of damage              147
167.   Compensation                                              148
       Division 7 -- Other matters
168.   Power to require name and address                         148
169.   Rail safety officer may take affidavits                   149
170.   Attendance of rail safety officer at inquiries            149
171.   Directions may be given under more than 1
       provision                                                 149
       Division 8 -- Offences in relation to rail safety
              officers
172.   Offence to hinder or obstruct rail safety officer         150
173.   Offence to impersonate rail safety officer                150
174.   Offence to assault, threaten or intimidate rail safety
       officer                                                   150
       Part 5 -- Enforcement measures
       Division 1 -- Improvement notices
175.   Issue of improvement notices                              150
176.   Contents of improvement notices                           152


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     177.     Compliance with improvement notice                   153
     178.     Extension of time for compliance with
              improvement notices                                  154
              Division 2 -- Prohibition notices
     179.     Issue of prohibition notice                          154
     180.     Contents of prohibition notice                       155
     181.     Compliance with prohibition notice                   156
              Division 3 -- Non-disturbance notices
     182.     Issue of non-disturbance notice                      156
     183.     Contents of non-disturbance notice                   156
     184.     Compliance with non-disturbance notice               157
     185.     Issue of subsequent notices                          157
              Division 4 -- General requirements applying to
                     notices
     186.     Application of Division                              157
     187.     Notice to be in writing                              157
     188.     Directions in notices                                158
     189.     Recommendations in notice                            158
     190.     Variation or cancellation of notice by rail safety
              officer                                              158
     191.     Formal irregularities or defects in notice           158
     192.     Serving notices                                      159
              Division 5 -- Remedial action
     193.     When Regulator may carry out action                  159
     194.     Power of Regulator to take other remedial action     159
     195.     Costs of remedial or other action                    160
              Division 6 -- Injunctions
     196.     Application of Division                              160
     197.     Injunctions for non-compliance with notices          160
              Division 7 -- Miscellaneous
     198.     Response to certain reports                          160
     199.     Power to require works to stop                       162
     200.     Temporary closing of railway crossings, bridges
              etc                                                  163
     201.     Use of force                                         164
     202.     Power to use force against persons to be exercised
              only by police officers                              164




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                                                             Contents



       Part 6 -- Exemptions
       Division 1 -- Ministerial exemptions
203.   Ministerial exemptions                                  164
       Division 2 -- Exemptions granted by Regulator
204.   Interpretation                                          165
205.   Application for exemption                               165
206.   What applicant must demonstrate                         166
207.   Determination of application                            166
208.   Application for variation of an exemption               168
209.   Determination of application for variation              169
210.   Prescribed conditions and restrictions                  170
211.   Variation of conditions and restrictions                170
212.   Regulator may make changes to conditions or
       restrictions                                            171
213.   Revocation or suspension of an exemption                171
214.   Penalty for breach of condition or restriction          173
       Part 7 -- Review of decisions
215.   Reviewable decisions                                    173
216.   Review by Regulator                                     178
217.   Appeals                                                 180
       Part 8 -- General liability and evidentiary
              provisions
       Division 1 -- Legal proceedings
218.   Period within which proceedings for offences may
       be commenced                                            180
219.   Multiple contraventions of rail safety duty
       provision                                               181
220.   Authority to take proceedings                           182
221.   Imputing conduct to bodies corporate                    182
222.   Records and evidence from records                       183
223.   Certificate evidence                                    183
224.   Proof of appointments and signatures unnecessary        183
       Division 2 -- Discrimination against employees
225.   Dismissal or other victimisation of employee            184
       Division 3 -- Offences
226.   Offence to give false or misleading information         186
227.   Not to interfere with train, tram etc                   187
228.   Applying brake or emergency device                      187
229.   Stopping a train or tram                                187

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              Division 4 -- Court-based sanctions
      230.    Commercial benefits order                              188
      231.    Supervisory intervention order                         189
      232.    Exclusion orders                                       192
              Part 9 -- Infringement notices
      233.    Meaning of infringement penalty provision              193
      234.    Power to serve notice                                  195
      235.    Form of notice                                         195
      236.    Regulator cannot institute proceedings while
              infringement notice on foot                            196
      237.    Late payment of penalty                                196
      238.    Withdrawal of notice                                   197
      239.    Refund of infringement penalty                         197
      240.    Payment expiates breach of infringement penalty
              provision                                              197
      241.    Payment not to have certain consequences               198
      242.    Conduct in breach of more than 1 infringement
              penalty provision                                      198
              Part 10 -- General
              Division 1 -- Delegation by Minister
      243.    Delegation by Minister                                 198
              Division 2 -- Confidentiality of information
      244.    Confidentiality of information                         198
              Division 3 -- Law does not affect legal professional
                     privilege
      245.    Law does not affect legal professional privilege       200
              Division 4 -- Civil liability
      246.    Civil liability not affected by Part 3 Division 3 or
              Division 6                                             200
      247.    Protection from personal liability for persons
              exercising functions                                   201
      248.    Immunity for reporting unfit rail safety worker        201
              Division 5 -- Codes of practice
      249.    Approved codes of practice                             203
      250.    Use of codes of practice in proceedings                204
              Division 6 -- Enforceable voluntary undertakings
      251.    Enforceable voluntary undertaking                      204
      252.    Notice of decisions and reasons for decision           205
      253.    When a rail safety undertaking is enforceable          205

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254.   Compliance with rail safety undertaking                 205
255.   Contravention of rail safety undertaking                205
256.   Withdrawal or variation of rail safety undertaking      206
257.   Proceedings for alleged contravention                   206
       Division 7 -- Other matters
258.   Service of documents                                    207
259.   Recovery of certain costs                               207
260.   Recovery of amounts due                                 207
261.   Compliance with conditions of accreditation or
       registration                                            208
262.   Contracting out prohibited                              208
       Division 8 -- Application of certain South Australian
              Acts to this Law
263.   Application of certain South Australian Acts to this
       Law                                                     208
       Division 9 -- National regulations
264.   National regulations                                    209
265.   Publication of national regulations                     210
       Schedule 1 -- National regulations
       Schedule 2 -- Miscellaneous provisions relating
             to interpretation
       Part 1 -- Preliminary
1.     Displacement of Schedule by contrary intention          215
       Part 2 -- General
2.     Law to be construed not to exceed legislative
       power of Parliament                                     215
3.     Every section to be a substantive enactment             215
4.     Material that is, and is not, part of this Law          215
5.     References to particular Acts and to enactments         216
6.     References taken to be included in Law or Act
       citation etc                                            216
7.     Interpretation best achieving Law's purpose or
       object                                                  217
8.     Use of extrinsic material in interpretation             217
9.     Effect of change of drafting practice                   219
10.    Use of examples                                         219
11.    Compliance with forms                                   219
       Part 3 -- Terms and references
12.    Definitions                                             220

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      13.     Provisions relating to defined terms and gender
              and number                                           224
      14.     Meaning of may and must etc                          224
      15.     Words and expressions used in statutory
              instruments                                          225
      16.     Effect of express references to bodies corporate
              and individuals                                      225
      17.     Production of records kept in computers etc          225
      18.     References to this jurisdiction to be implied        226
      19.     References to officers and holders of offices        226
      20.     Reference to certain provisions of Law               226
      21.     Reference to provisions of this Law or an Act is
              inclusive                                            227
              Part 4 -- Functions and powers
      22.     Exercise of statutory functions                      227
      23.     Power to make instrument or decision includes
              power to amend or repeal                             228
      24.     Matters for which statutory instruments may make
              provision                                            228
      25.     Presumption of validity and power to make            229
      26.     Appointments may be made by name or office           230
      27.     Acting appointments                                  230
      28.     Powers of appointment imply certain incidental
              powers                                               231
      29.     Delegation of functions                              232
      30.     Exercise of powers between enactment and
              commencement                                         234
              Part 5 -- Distance, time and age
      31.     Matters relating to distance, time and age           237
              Part 6 -- Effect of repeal, amendment or expiration
      32.     Time of Law ceasing to have effect                   238
      33.     Repealed provisions not revived                      238
      34.     Saving of operation of repealed Law provisions       238
      35.     Continuance of repealed provisions                   239
      36.     Law and amending Acts to be read as one              239
              Part 7 -- Instruments under Law
      37.     Schedule applies to statutory instruments            239




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                Rail Safety National Law (WA) Bill 2014



                                              Contents



Defined terms




                                               page xv
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

     Rail Safety National Law (WA) Bill 2014

                               A Bill for


An Act to --
•  provide for a national scheme regarding the regulation of rail
  safety; and
•  repeal the Rail Safety Act 2010; and
•  make consequential amendments to various other Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Rail Safety National Law (WA) Bill 2014
     Part 1           Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Rail Safety National Law (WA) Act 2014.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) sections 1 and 2 -- on the day on which this Act
7                      receives the Royal Assent;
8                (b) the rest of the Act -- on a day fixed by proclamation,
9                      and different days may be fixed for different provisions.

10   3.         Terms used
11        (1)   For the purposes of this Act, the local application provisions of
12              this Act are the provisions of this Act other than the Rail Safety
13              National Law set out in the Schedule.
14        (2)   In the local application provisions of this Act --
15              local regulations means regulations made under section 37;
16              Rail Safety National Law (WA) means the provisions applying
17              in this jurisdiction because of section 4.
18        (3)   Subject to section 6(1), if a term is given a meaning in the Rail
19              Safety National Law set out in the Schedule, it has the same
20              meaning in the local application provisions of this Act.




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                                              Rail Safety National Law (WA) Bill 2014
                               Application of Rail Safety National Law         Part 2

                                                                                 s. 4



1         Part 2 -- Application of Rail Safety National Law
2    4.         Application of Rail Safety National Law
3               The Rail Safety National Law set out in the Schedule, and as
4               modified in section 5 --
5                (a) applies as a law of this jurisdiction; and
6                (b) as so applying may be referred to as the Rail Safety
7                      National Law (WA); and
8                (c) as so applying, is part of this Act.

9    5.         Local modifications to the Rail Safety National Law
10        (1)   This section modifies the Rail Safety National Law set out in
11              the Schedule.
12        (2)   Delete section 7(3).
13        (3)   In section 127 delete "oral fluid analysis" (each occurrence) and
14              insert:
15

16              oral fluid analysis, urine analysis
17

18        (4)   In section 129:
19                (a) delete "oral fluid or" and insert:
20

21                      oral fluid, urine or
22

23                (b)   delete "oral fluid analysis" and insert:
24

25                      oral fluid analysis, urine analysis
26




                                                                              page 3
     Rail Safety National Law (WA) Bill 2014
     Part 2           Application of Rail Safety National Law

     s. 6



1         (5)   In section 264(1) delete "South Australia," and insert:
2

3               Western Australia,
4

5         (6)   In section 264(2) delete "authority, on the unanimous
6               recommendation of the responsible Ministers," and insert
7

8               authority
9

10        (7)   Delete section 265.
11        (8)   In Schedule 2 clauses 30(2) and (3)(b), 33, 35 and 36 delete
12              "South Australian" (each occurrence) and insert:
13

14              Western Australian
15

16              Note 1:     The heading to modified section 127 is to read:

17                          Authorised person may require drug screening test, oral fluid
18                          analysis, urine analysis and blood test

19              Note 2:     The heading to modified section 129 is to read:

20                          Oral fluid, urine or blood sample or results of analysis etc not
21                          to be used for other purposes

22   6.         Meaning of generic terms in Rail Safety National Law (WA)
23              for purposes of this jurisdiction
24        (1)   In the Rail Safety National Law (WA) --
25              application Act means the local application provisions of this
26              Act;
27              court means the following --
28                (a) for the purposes of Parts 5 and 7 -- the State
29                      Administrative Tribunal (to be constituted by at least
30                      one judicial member for the purposes of Part 5
31                      Division 6);

     page 4
                                Rail Safety National Law (WA) Bill 2014
                 Application of Rail Safety National Law         Part 2

                                                                   s. 6



1     (b)    for the purposes of Part 10 Division 6 -- the Magistrates
2            Court;
3    emergency services means each of the following --
4      (a) the Police Force of Western Australia;
5      (b) the department of the Public Service principally
6            assisting in the administration of the Fire and
7            Emergency Services Act 1998;
8      (c) another body or organisation prescribed by local
9            regulations;
10   Gazette means the Government Gazette of Western Australia;
11   Health Practitioner Regulation National Law means the
12   Health Practitioner Regulation National Law (Western
13   Australia);
14   magistrate means a magistrate as defined in the Magistrates
15   Court Act 2004 section 3;
16   Minister means the Minister administering this Act;
17   police officer has the meaning given in the Interpretation
18   Act 1984 section 5;
19   prescribed notifiable occurrence means a notifiable occurrence
20   prescribed by the national regulations;
21   public sector auditor means the Auditor-General as defined in
22   the Public Finance and Audit Act 1987 (South Australia)
23   section 4;
24   road vehicle means --
25     (a) if the Road Traffic (Administration) Act 2008 is not in
26           operation -- a motor vehicle as defined in the Road
27           Traffic Act 1974 section 5(1);
28     (b) if the Road Traffic (Administration) Act 2008 is in
29           operation -- a motor vehicle as defined in section 4 of
30           that Act;
31   shared path means an area that --
32     (a) is open to or used by the public; and


                                                                page 5
     Rail Safety National Law (WA) Bill 2014
     Part 2           Application of Rail Safety National Law

     s. 7



1                (b)    is developed for, or has as one of its main uses, use by
2                       both pedestrians and riders of bicycles;
3               the jurisdiction or this jurisdiction means Western Australia.
4         (2)   For the purposes of the local application provisions of this Act,
5               the Rail Safety National Law (WA) and any other Act or law --
6                 (a) the Office of the National Rail Safety Regulator is not
7                       an agency as defined in the Public Sector Management
8                       Act 1994 section 3(1); and
9                 (b) an employee of the Office of the National Rail Safety
10                      Regulator is not a public service officer as defined in the
11                      Public Sector Management Act 1994 section 3(1).

12   7.         No double jeopardy
13              Proceedings for an offence against the Rail Safety National Law
14              (WA) (the WA offence) cannot be brought against a person if the
15              person has, for the same alleged act or omission, been convicted
16              or found guilty in a participating jurisdiction of an offence that
17              substantially corresponds to the WA offence.

18   8.         Exclusion of legislation of this jurisdiction
19        (1)   Except as provided in subsection (2), the Interpretation
20              Act 1984 does not apply to the Rail Safety National Law (WA)
21              or to the instruments made under that Law.
22        (2)   The Interpretation Act 1984 sections 41 and 42 apply to
23              regulations made under the Rail Safety National Law (WA).
24        (3)   The following Acts of this jurisdiction do not apply to the Rail
25              Safety National Law (WA) or to the instruments made under that
26              Law (except as applied under the Law) --
27                (a) the Auditor General Act 2006;
28               (b) the Financial Management Act 2006;
29                (c) the Freedom of Information Act 1992;
30               (d) the Parliamentary Commissioner Act 1971;


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                                     Rail Safety National Law (WA) Bill 2014
                      Application of Rail Safety National Law         Part 2

                                                                        s. 8



1          (e)   the Public Sector Management Act 1994;
2          (f)   the State Records Act 2000.
3   (4)   The Acts referred to in subsection (3) apply to a public sector
4         body as defined in the Public Sector Management Act 1994
5         section 3(1), and an officer or employee of the body, performing
6         a function under the Rail Safety National Law (WA).




                                                                     page 7
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 1       Preliminary
     s. 9



1    Part 3 -- Local provisions for alcohol and drug testing
2                            Division 1 -- Preliminary
3    9.         Terms used
4         (1)   In this Part, unless the contrary intention appears --
5               analyst means an analyst or drugs analyst, as the case requires,
6               as defined in the Road Traffic Act 1974 section 65;
7               BAC means blood alcohol concentration;
8               breath analysis instrument means --
9                 (a) breath analysing equipment as defined in the Road
10                       Traffic Act 1974 section 65; or
11                (b) an instrument prescribed by the local regulations for the
12                       purposes of this paragraph;
13              drug screening test means --
14                (a) a preliminary oral fluid test as defined in the Road
15                       Traffic Act 1974 section 65; or
16                (b) a test of a sample of a rail safety worker's oral fluid for
17                       the purpose of providing a preliminary indication of the
18                       presence of prescribed illicit drugs in the oral fluid using
19                       a device, or a device of a type, prescribed by the local
20                       regulations for the purposes of this paragraph;
21              medical practitioner means a person who is registered under the
22              Health Practitioner Regulation National Law in the medical
23              profession;
24              oral fluid analysis, in relation to a rail safety worker, means a
25              method of analysis for the purpose of ascertaining the presence
26              of prohibited drugs in the worker's oral fluid using --
27                (a) an approved device as defined in the Road Traffic
28                       Act 1974 section 65; or
29                (b) a device, or a device of a type, prescribed by the local
30                       regulations for the purposes of this paragraph;



     page 8
                                 Rail Safety National Law (WA) Bill 2014
             Local provisions for alcohol and drug testing        Part 3
                                              Preliminary    Division 1
                                                                     s. 9



1    preliminary breath test means --
2      (a) a preliminary test as defined in the Road Traffic
3            Act 1974 section 65; or
4      (b) a test of a sample of a rail safety worker's breath for the
5            purpose of providing a preliminary indication of the
6            presence of alcohol in the breath using a device, or a
7            device of a type, prescribed by the local regulations for
8            the purposes of this paragraph;
9    prescribed BAC, in relation to a rail safety worker, means the
10   prescribed concentration of alcohol, as defined in the Rail Safety
11   National Law (WA) section 128(5), in the worker's blood;
12   prohibited drug means a prescribed drug as defined in the Rail
13   Safety National Law (WA) section 128(5);
14   qualified person, in relation to the taking of a sample from
15   another person, means a person prescribed by the local
16   regulations as qualified to take that sample;
17   registered nurse means a person registered under the Health
18   Practitioner Regulation National Law in the nursing and
19   midwifery profession whose name is entered on Division 1 of
20   the Register of Nurses kept under that Law as a registered nurse;
21   sample means a sample of breath, oral fluid, urine or blood;
22   sample taker means --
23     (a) a medical practitioner; or
24     (b) a registered nurse; or
25     (c) a qualified person;
26   urine analysis, in relation to a rail safety worker, means a
27   method of analysis for the purpose of ascertaining the presence
28   of prohibited drugs in the worker's urine in accordance with the
29   local regulations;
30   work shift, in relation to a rail safety worker, means a shift
31   during which rail safety work is performed by the worker;
32   work shift location means the place where a rail safety worker
33   completes a work shift.

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     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 2       Alcohol testing
     s. 10



1          (2)   For the purposes of this Part and the Rail Safety National Law
2                (WA) Part 3 Division 9, anything done by a person acting under
3                the supervision or direction of a medical practitioner, registered
4                nurse or analyst is taken to have been done by the medical
5                practitioner, registered nurse or analyst, as the case may be.

6                           Division 2 -- Alcohol testing
7    10.         Using breath sample to find blood alcohol content
8          (1)   For the purposes of this Part and the Rail Safety National
9                Law (WA) section 128, if the concentration of alcohol in a rail
10               safety worker's breath is a particular number of grams of
11               alcohol per 210 litres of breath the worker's BAC is to be
12               regarded as being that number of grams of alcohol per 100 ml of
13               blood.
14         (2)   Apparatus comprising breath analysing equipment is to be
15               regarded as being for the purpose of ascertaining a rail safety
16               worker's BAC by analysis of a sample of the worker's breath,
17               whether the apparatus gives the blood alcohol content directly
18               as the analysis result or enables it to be derived under
19               subsection (1).
20         (3)   A device used to conduct a preliminary breath test is to be
21               regarded as being for the purpose of providing an indication of a
22               rail safety worker's BAC, or an indication of whether or not a
23               person has the prescribed BAC, whether the device gives the
24               indication directly or enables it to be derived under
25               subsection (1).

26   11.         Preliminary breath test or breath analysis
27         (1)   An authorised person's power under the Rail Safety National
28               Law (WA) section 126 to require a rail safety worker to submit
29               to testing by means of a preliminary breath test or breath
30               analysis (or both) is subject to this Division.




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                         Local provisions for alcohol and drug testing        Part 3
                                                       Alcohol testing   Division 2
                                                                                s. 12



1          (2)   A requirement mentioned in subsection (1) is a direction to the
2                worker as mentioned in the Rail Safety National Law (WA)
3                section 126(3).

4    12.         When breath test or breath analysis may be required
5          (1)   An authorised person may require a rail safety worker to submit
6                to a preliminary breath test or breath analysis (or both) --
7                  (a) on a random basis -- without suspecting the worker has
8                        the prescribed BAC; or
9                  (b) on a non-random basis -- in either or both of the
10                       following circumstances --
11                          (i) a prescribed notifiable occurrence happens
12                               involving the worker;
13                         (ii) the authorised person suspects, on reasonable
14                               grounds, that the worker has the prescribed BAC.
15         (2)   Subsection (1) is subject to sections 13 to 15.

16   13.         Rail safety worker not obliged to comply with requirement
17               in certain circumstances
18         (1)   A rail safety worker who is still on railway premises after
19               carrying out rail safety work is not obliged to comply with a
20               requirement made under the Rail Safety National Law (WA)
21               section 126(1) if --
22                 (a) the worker is not involved in a prescribed notifiable
23                       occurrence; and
24                 (b) more than 12 hours have passed since the worker carried
25                       out the work.
26         (2)   A rail safety worker who is involved in a prescribed notifiable
27               occurrence is not obliged to comply with a requirement made
28               under the Rail Safety National Law (WA) section 126(1) if --
29                 (a) more than 12 hours have passed since the worker was
30                       involved in the occurrence; or



                                                                            page 11
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 2       Alcohol testing
     s. 14



1                 (b)    the worker --
2                           (i) has completed the work shift and departed from
3                               the work shift location; and
4                          (ii) was unaware of the occurrence when the worker
5                               completed the work shift.

6    14.         Authorised person must not make requirement in certain
7                circumstances
8                An authorised person must not require a rail safety worker to
9                submit to a preliminary breath test or breath analysis (or both) if
10               the authorised person suspects, on reasonable grounds that --
11                 (a) it would be detrimental to the worker's health to submit
12                       to a preliminary breath test or breath analysis; or
13                 (b) by reason of injury, disability or otherwise the worker is
14                       incapable of providing a sufficient sample of breath for
15                       the completion of a preliminary breath test or breath
16                       analysis.

17   15.         Conduct of breath analysis
18         (1)   An authorised person must not conduct a breath analysis for the
19               purposes of this Division unless the authorised person is --
20                 (a) a police officer authorised by the Commissioner of
21                      Police to use a breath analysis instrument; or
22                (b) any other person authorised by the Regulator to use a
23                      breath analysis instrument.
24         (2)   An authorised person conducting a breath analysis for the
25               purposes of this Division must use a breath analysis instrument.

26   16.         Further breath analysis
27         (1)   An authorised person may require a rail safety worker to submit
28               to one or more breath analyses whether or not the worker
29               provided a sufficient sample for an earlier analysis.



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                                             Rail Safety National Law (WA) Bill 2014
                         Local provisions for alcohol and drug testing        Part 3
                                                         Drug testing    Division 3
                                                                                s. 17



1          (2)   A requirement under subsection (1) --
2                 (a) may be made only if it is reasonable in the
3                       circumstances; and
4                 (b) is subject to sections 13 to 15.
5    17.         Breath analysis indicates prescribed BAC
6                If an analysis of breath by a breath analysis instrument indicates
7                a rail safety worker has the prescribed BAC, the authorised
8                person who operated the instrument must give to the worker
9                without delay a written statement (or a statement printed by the
10               instrument) stating --
11                  (a) the date the sample of breath was taken and analysed;
12                        and
13                 (b) the time of the breath analysis; and
14                  (c) the result of the analysis.

15                            Division 3 -- Drug testing
16   18.         Drug screening test, oral fluid analysis or urine analysis
17         (1)   An authorised person's power under the Rail Safety National
18               Law (WA) section 127 to require a rail safety worker to submit
19               to a drug screening test, oral fluid analysis or urine analysis (or
20               any combination of these) (whether or not in combination with a
21               blood test) is subject to this Division.
22         (2)   A requirement mentioned in subsection (1) is a direction to the
23               worker as mentioned in the Rail Safety National Law (WA)
24               section 127(3).
25   19.         When drug screening test or oral fluid analysis may be
26               required
27         (1)   An authorised person may require a rail safety worker to submit
28               to a drug screening test or oral fluid analysis (or any
29               combination of these) --
30                 (a) on a random basis -- without suspecting a prohibited
31                       drug is present in the worker's body; or

                                                                            page 13
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 3       Drug testing
     s. 20



1                 (b)   on a non-random basis -- in either or both of the
2                       following circumstances --
3                         (i) a prescribed notifiable occurrence happens
4                              involving the worker;
5                        (ii) the authorised person suspects, on reasonable
6                              grounds, that a prohibited drug is present in the
7                              worker's body.
8          (2)   Subsection (1) is subject to sections 21 and 22.

9    20.         When urine analysis may be required
10         (1)   An authorised person may require a rail safety worker to submit
11               to urine analysis if a prescribed notifiable occurrence happens
12               involving the worker.
13         (2)   Subsection (1) is subject to sections 21 and 22.

14   21.         Rail safety worker not obliged to comply with requirement
15               in certain circumstances
16         (1)   A rail safety worker who is on railway premises after carrying
17               out rail safety work is not obliged to comply with a requirement
18               made under the Rail Safety National Law (WA) section 127(1)
19               to submit to a drug screening test, oral fluid analysis or urine
20               analysis (or any combination of these) if --
21                 (a) the worker is not involved in a prescribed notifiable
22                        occurrence; and
23                 (b) more than 12 hours have passed since the worker carried
24                        out the work.
25         (2)   A rail safety worker who is involved in a prescribed notifiable
26               occurrence is not obliged to comply with a requirement made
27               under the Rail Safety National Law (WA) section 127(1) to
28               submit to a drug screening test, oral fluid analysis or urine
29               analysis (or any combination of these) if --
30                 (a) more than 12 hours have passed since the worker was
31                       involved in the occurrence; or


     page 14
                                             Rail Safety National Law (WA) Bill 2014
                         Local provisions for alcohol and drug testing        Part 3
                                                      Blood samples      Division 4
                                                                                s. 22



1                 (b)   the worker --
2                          (i) has completed the work shift and departed from
3                              the work shift location; and
4                         (ii) was unaware of the occurrence when the worker
5                              completed the work shift.

6    22.         Authorised person must not make requirement in certain
7                circumstances
8                An authorised person must not require a rail safety worker to
9                submit to a drug screening test, oral fluid analysis or urine
10               analysis (or any combination of these) if the authorised person
11               suspects, on reasonable grounds that --
12                 (a) it would be detrimental to the worker's health to submit
13                       to a drug screening test, oral fluid analysis or urine
14                       analysis; or
15                 (b) by reason of injury, disability or otherwise the worker is
16                       incapable of providing a sufficient sample for the
17                       completion of a drug screening test, oral fluid analysis
18                       or urine analysis.

19                          Division 4 -- Blood samples
20   23.         Term used: hospital
21               In this Division --
22               hospital has the meaning given in the Hospitals and Health
23               Services Act 1927 section 2(1).

24   24.         Provision of blood sample
25         (1)   An authorised person's power under the Rail Safety National
26               Law (WA) section 127 to require a rail safety worker to submit
27               to a blood test (whether or not in combination with a drug
28               screening test, oral fluid analysis, urine analysis or any
29               combination of these) is subject to this Division.



                                                                            page 15
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 4       Blood samples
     s. 25



1          (2)   A requirement mentioned in subsection (1) is a direction to the
2                worker as mentioned in the Rail Safety National Law (WA)
3                section 127(3).
4    25.         Blood sample after preliminary breath test or breath
5                analysis requirement
6          (1)   If a rail safety worker who is required by an authorised person
7                to submit to a preliminary breath test or breath analysis under
8                section 12, or a further breath analysis under section 16(1),
9                refuses or fails to provide a sufficient sample of breath, the
10               authorised person may require the worker to provide a sample
11               of the worker's blood.
12         (2)   However, the authorised person cannot require a rail safety
13               worker to provide a sample of his or her blood under
14               subsection (1) if the worker is not obliged to submit to a
15               preliminary breath test or breath analysis as mentioned in
16               section 13.
17         (3)   An authorised person may also require a rail safety worker to
18               provide a sample of his or her blood if, as a result of a
19               preliminary breath test under section 12, the authorised person
20               has formed the opinion the worker might have the prescribed
21               BAC and --
22                 (a) it is not possible to conduct a breath analysis (for
23                      example if there is no authorised person available to
24                      operate a breath analysis instrument or if breath analysis
25                      is attempted but the instrument malfunctions); or
26                 (b) the authorised person did not require the worker to
27                      submit to a breath analysis for a reason mentioned in
28                      section 14.




     page 16
                                       Rail Safety National Law (WA) Bill 2014
                   Local provisions for alcohol and drug testing        Part 3
                                                Blood samples      Division 4
                                                                          s. 26



1    26.   Blood sample after drug screening, oral fluid analysis or
2          urine analysis requirement
3          An authorised person may require a rail safety worker to
4          provide a sample of the worker's blood in any of the following
5          circumstances --
6            (a) if an authorised person requires the worker to submit to
7                 a drug screening test, oral fluid analysis or urine analysis
8                 and the worker refuses to submit to, or fails to provide a
9                 sufficient sample for, the test;
10           (b) if, as a result of a drug screening test, oral fluid analysis
11                or urine analysis, the authorised person suspects on
12                reasonable grounds that a prohibited drug is present in
13                the worker's body;
14           (c) if the authorised person did not require the worker to
15                submit to a drug screening test, oral fluid analysis or
16                urine analysis for a reason mentioned in section 22;
17           (d) if the worker is involved in a prescribed notifiable
18                occurrence.

19   27.   Blood sample if test or analysis fails to explain conduct,
20         condition or appearance
21         An authorised person may require the worker to provide a
22         sample of a rail safety worker's blood if --
23           (a) the worker submits to a preliminary breath test, breath
24                analysis, drug screening test, oral fluid analysis or urine
25                analysis; and
26           (b) the test or analysis fails to indicate that --
27                  (i) the worker might have the prescribed BAC; or
28                 (ii) a prohibited drug might be present in the
29                        worker's body;
30                and




                                                                      page 17
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 4       Blood samples
     s. 28



1                  (c)   the conduct, condition or appearance of the worker is
2                        such as to give rise to a reasonable suspicion that the
3                        worker is affected by alcohol or a prohibited drug.

4    28.         Rail safety worker not obliged to comply with requirement
5                in certain circumstances
6          (1)   A rail safety worker who is still on railway premises after
7                carrying out rail safety work is not obliged to comply with a
8                requirement made under the Rail Safety National Law (WA)
9                section 127(1) to submit to a blood test if --
10                 (a) the worker is not involved in a prescribed notifiable
11                       occurrence; and
12                 (b) more than 12 hours have passed since the worker carried
13                       out the work.
14         (2)   A rail safety worker who is involved in a prescribed notifiable
15               occurrence is not obliged to comply with a requirement made
16               under the Rail Safety National Law (WA) section 127(1) to
17               submit to a blood test if --
18                 (a) more than 12 hours have passed since the worker was
19                       involved in the occurrence; or
20                 (b) the worker --
21                          (i) has completed the work shift and departed from
22                              the work shift location; and
23                         (ii) was unaware of the occurrence when the worker
24                              completed the work shift.

25   29.         Compulsory blood testing following a prescribed notifiable
26               occurrence
27         (1)   If a rail safety worker suffers an injury as a result of a
28               prescribed notifiable occurrence and, within 12 hours after the
29               occurrence, the worker attends at, or is admitted to, a hospital to
30               receive treatment for the injury, an authorised person may
31               request a sample taker at the hospital to ensure that a sample of



     page 18
                                             Rail Safety National Law (WA) Bill 2014
                         Local provisions for alcohol and drug testing        Part 3
                                                            Evidence     Division 5
                                                                                s. 30



1                the worker's blood is taken as soon as practicable (even though
2                the worker might be unconscious).
3          (2)   The sample taker may comply with the request if it is
4                reasonably practicable to do so in the circumstances.
5          (3)   If a rail safety worker suffers an injury as a result of a
6                prescribed notifiable occurrence and the worker is dead on
7                arrival at the hospital, or dies before a sample of blood has been
8                taken, the medical practitioner who reports the death under the
9                Coroners Act 1996 section 17 may --
10                  (a) take a sample of blood from the body of the deceased or
11                         cause a sample to be taken; or
12                 (b) notify the coroner as soon as practicable that, in view of
13                         the circumstances in which the death occurred, a sample
14                         of blood should be taken from the body of the deceased.
15         (4)   The coroner, on receipt of notification under subsection (3)(b),
16               may authorise and direct a pathologist to take a sample of blood
17               from the body of the deceased.
18         (5)   A sample taker is not obliged to take a sample of blood under
19               this section if a sample of blood has previously been taken from
20               the body of the deceased under this section by another sample
21               taker.

22                              Division 5 -- Evidence
23   30.         Term used: relevant time
24               In this Division --
25               relevant time, in relation to a person who is a rail safety worker,
26               means --
27                 (a) if the worker was tested for alcohol or prohibited drugs
28                       because of the worker's involvement in a prescribed
29                       notifiable occurrence -- the time the occurrence
30                       happened; or



                                                                            page 19
     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 5       Evidence
     s. 31



1                 (b)    otherwise -- the time the worker last carried out rail
2                        safety work.

3    31.         Use of test or analysis result in court proceedings
4          (1)   This section applies in any court proceedings in relation to a rail
5                safety worker even if evidence is given in the proceedings that
6                the worker consumed alcohol or a prohibited drug --
7                  (a) after the relevant time in relation to the worker; and
8                  (b) before a preliminary breath test, breath analysis, drug
9                        screening test, oral fluid analysis or urine analysis was
10                       conducted in relation to the worker or a sample of the
11                       worker's blood was taken.
12         (2)   If the breath analysis was conducted in relation to the rail safety
13               worker in accordance with this Part, the BAC indicated by the
14               analysis is taken to be the BAC of the person at the relevant
15               time.
16         (3)   If more than one breath analysis was conducted, the lower of the
17               BACs indicated is taken to be the BAC of the rail safety worker
18               at the relevant time.
19         (4)   If a sample of a rail safety worker's blood was taken under this
20               Part --
21                  (a) the BAC indicated by an analysis of the sample is taken
22                       to be the BAC of the worker at the relevant time; and
23                 (b) any prohibited drug detected by an analysis of the
24                       sample is taken to have been present in the worker's
25                       body at the relevant time.
26         (5)   If a sample of a rail safety worker's oral fluid or urine was taken
27               under this Part any prohibited drug detected by an analysis of
28               the sample is taken to have been present in the worker's body at
29               the relevant time.




     page 20
                                             Rail Safety National Law (WA) Bill 2014
                         Local provisions for alcohol and drug testing        Part 3
                                                            Evidence     Division 5
                                                                                s. 32



1    32.         Calculating BAC at relevant time
2          (1)   For the purposes of section 31, a rail safety worker's BAC at the
3                relevant time is to be calculated --
4                  (a) having regard to --
5                           (i) the time of the worker's last drink containing
6                                alcohol taken at or before the relevant time; and
7                          (ii) the relevant time; and
8                         (iii) the time at which the sample of the worker's
9                                breath or blood was provided or taken for
10                               analysis (the time of sampling); and
11                        (iv) the safety worker's blood alcohol content at the
12                               time of sampling;
13                       and
14                 (b) so as to give effect to the presumption that after the
15                       worker's latest drink containing alcohol the worker's
16                       blood alcohol content increases at the rate of 0.016 g of
17                       alcohol per 100 ml of blood per hour for a period of
18                       2 hours and, after that period, decreases at the rate of
19                       0.016 g of alcohol per 100 ml of blood per hour.
20         (2)   For the purpose of making a calculation under subsection (1) --
21                (a) in any case where any one or more of the times referred
22                       to in that subsection can only be ascertained as falling
23                       within a period of time, the calculation is to be made
24                       taking such time within that period as produces the
25                       result most favourable to the rail safety worker; and
26                (b) in any case where the time of a rail safety worker's last
27                       drink containing alcohol is not ascertained, the time of
28                       the worker's last drink containing alcohol is to be taken
29                       to have been such time as produces the result most
30                       favourable to the worker charged.
31         (3)   The concentration of alcohol calculated to have been present in
32               the blood of a person at any time under this section is


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     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 5       Evidence
     s. 33



1                conclusively presumed to have been present in the blood of that
2                person at that time.

3    33.         Evidence by certificate
4          (1)   In any court proceedings, a certificate in a form approved by the
5                Minister purporting to be signed by any of the following is
6                prima facie evidence of the matters stated in the certificate and
7                the facts on which they are based --
8                  (a) the Commissioner of Police -- certifying either of the
9                        following about a person named in the certificate --
10                          (i) the person is a police officer authorised to use a
11                               breath analysis instrument;
12                         (ii) the person is an analyst;
13                 (b) the Regulator -- certifying a person named in the
14                       certificate is an authorised person;
15                 (c) an authorised person -- certifying any or all of the
16                       following --
17                          (i) the apparatus used by the authorised person was
18                               a breath analysis instrument;
19                         (ii) the breath analysis instrument was in proper
20                               order and properly operated;
21                        (iii) the breath analysis instrument was used in a
22                               manner that complied with this Part or the local
23                               regulations;
24                        (iv) a sample of the breath of a rail safety worker
25                               named in the certificate was provided for
26                               analysis using a breath analysis instrument;
27                         (v) a concentration of alcohol in breath expressed in
28                               grams of alcohol per 210 litres of breath was
29                               indicated by the breath analysis instrument as
30                               being present in the breath of the rail safety
31                               worker named in the certificate on the day and at
32                               the time specified in the certificate;


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                           Local provisions for alcohol and drug testing        Part 3
                                Other matters for purposes of this Part    Division 6
                                                                                  s. 34



1                          (vi)   a requirement imposed on the authorised person
2                                 by local regulations has been complied with;
3                   (d)    a member of the staff of a hospital -- certifying
4                          something arising out of the member's occupation;
5                    (e)   an analyst, or a person acting under the supervision of
6                          an analyst -- certifying something arising out of the
7                          analyst's or person's occupation.
8          (2)     A certificate certifying anything mentioned in
9                  subsection (1)(c), (d) or (e) cannot be received as evidence
10                 against a person (the defendant) in proceedings for an offence
11                 against this Part or the Rail Safety National Law (WA) Part 3
12                 Division 9 if --
13                   (a) a copy of the certificate has not been served on the
14                         defendant at least 7 days before the commencement of
15                         the proceedings; or
16                   (b) the defendant has, at least 2 days before the
17                         commencement of the trial, given to the court written
18                         notice requiring the attendance at the trial of the person
19                         who signed the certificate; or
20                   (c) the court requires the person who signed the certificate
21                         to attend at the trial.
22         (3)     For the purposes of subsection (1), the Minister may approve
23                 forms of certificates to be used by different persons for different
24                 purposes.

25               Division 6 -- Other matters for purposes of this Part
26   34.           Reports relating to worker's refusal or failure to comply
27                 with requirement of authorised person
28         (1)     This section applies if a rail safety worker --
29                  (a) is required by an authorised person to submit to a
30                        preliminary breath test or breath analysis and the worker
31                        refuses or fails to comply with the requirement; or


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     Rail Safety National Law (WA) Bill 2014
     Part 3           Local provisions for alcohol and drug testing
     Division 6       Other matters for purposes of this Part
     s. 35



1                 (b)   is required by an authorised person to submit to a drug
2                       screening test, oral fluid analysis or urine analysis or to
3                       provide a sample of his or her blood and the worker
4                       refuses or fails to comply with the requirement.
5          (2)   The authorised person must, as soon as practicable, report the
6                refusal or failure to comply with the requirement to --
7                  (a) the accredited person for whom the rail safety worker
8                        performs rail safety work; and
9                  (b) the Regulator.

10   35.         Protection from personal liability for sample takers and
11               analysts
12               A sample taker or an analyst, or a person acting under the
13               supervision of a sample taker or analyst, is not personally liable
14               for anything done or omitted to be done in good faith --
15                 (a) in the exercise of a power or the performance of a
16                       function under this Part or the Rail Safety National Law
17                       (WA) Part 3 Division 9; or
18                 (b) in the reasonable belief that the act or omission was in
19                       the exercise of a power or the performance of a function
20                       under this Part or the Rail Safety National Law (WA)
21                       Part 3 Division 9.

22   36.         Self-incrimination no excuse
23               A person is not entitled to refuse or fail to comply with a
24               requirement or direction relating to the taking of a sample of the
25               person's breath, oral fluid, urine or blood under this Part or the
26               Rail Safety National Law (WA) Part 3 Division 9 on the ground
27               the person --
28                 (a) would or might, by complying with the requirement or
29                       direction, provide evidence that could be used against
30                       the person; or




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                         Local provisions for alcohol and drug testing        Part 3
                              Other matters for purposes of this Part    Division 6
                                                                                s. 37



1                 (b)   consumed alcohol or a prohibited drug after the person
2                       last performed railway safety work and before the
3                       requirement or direction was made or given to him or
4                       her.

5    37.         Local regulations
6          (1)   The Governor may make regulations prescribing all matters --
7                 (a) that are required or permitted under this Part or for the
8                      Rail Safety National Law (WA) Part 3 Division 9; or
9                 (b) that are necessary or convenient for this Part or the Rail
10                     Safety National Law (WA) Part 3 Division 9.
11         (2)   Without limiting subsection (1), the regulations may be made
12               for any or all of the following purposes --
13                 (a) the procedures for, and equipment to be used in --
14                         (i) conducting a preliminary breath test, breath
15                               analysis, drug screening test, oral fluid analysis
16                               or urine analysis; or
17                        (ii) taking a blood sample;
18                 (b) the destruction of --
19                         (i) a sample taken for this Part or the Rail Safety
20                               National Law (WA) Part 3 Division 9; and
21                        (ii) any other forensic material taken incidentally for
22                               the purposes of this Part or the Rail Safety
23                               National Law (WA) Part 3 Division 9.




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     Rail Safety National Law (WA) Bill 2014
     Part 4           Local repeal and transitional provisions
     Division 1       Preliminary
     s. 38



1          Part 4 -- Local repeal and transitional provisions
2                             Division 1 -- Preliminary
3    38.         Terms used
4                In this Part --
5                commencement day means the day on which this section
6                commences.
7                repealed Act means the Rail Safety Act 2010.

8                                Division 2 -- Repeal
9    39.         Repeal
10               The Rail Safety Act 2010 is repealed.

11                            Division 3 -- Transitional
12   40.         Accreditation
13         (1)   In this section --
14               transitional railway operations means railway operations in
15               respect of which --
16                 (a) immediately before the commencement day,
17                        accreditation was not required under the repealed Act;
18                        and
19                 (b) on and after the commencement day, accreditation is
20                        required under the Rail Safety National Law (WA).
21         (2)   A rail transport operator who applies for accreditation under the
22               Rail Safety National Law (WA) in respect of transitional railway
23               operations during the period of 3 years beginning on the
24               commencement day is, from the time of the application is made
25               until the application is determined, to be taken to hold the
26               accreditation.



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                              Local repeal and transitional provisions       Part 4
                                                          Transitional  Division 3
                                                                               s. 41



1          (3)   An application for accreditation, or variation of accreditation,
2                made but not determined under the repealed Act immediately
3                before the commencement day, is taken to be an application for
4                accreditation, or variation of accreditation, under the Rail Safety
5                National Law (WA) and must be determined in accordance with
6                that Law.
7          (4)   A rail transport operator that, immediately before the
8                commencement day, holds an accreditation under the repealed
9                Act in respect of railway operations carried out by or on behalf
10               of the operator is, on and after the commencement day, taken to
11               hold an accreditation in respect of those railway operations
12               under the Rail Safety National Law (WA) subject to any
13               conditions and restrictions that applied to the accreditation
14               under the repealed Act immediately before the commencement
15               day.
16         (5)   If, immediately before the commencement day, the
17               accreditation, or part of the accreditation, of a rail transport
18               operator has been suspended under the repealed Act, the
19               accreditation under the Rail Safety National Law (WA) that the
20               operator is taken to have because of subsection (4) is subject to
21               the same suspension as applied to the accreditation under the
22               repealed Act immediately before the commencement day.

23   41.         Registration
24         (1)   A rail infrastructure manager of a private siding that,
25               immediately before the commencement day, is registered under
26               the repealed Act is, on and after the commencement day, taken
27               to be registered under the Rail Safety National Law (WA) in
28               respect of the private siding.
29         (2)   A registration under subsection (1) is subject to conditions or
30               restrictions determined by the Regulator in accordance with
31               subsection (3).




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     Rail Safety National Law (WA) Bill 2014
     Part 4           Local repeal and transitional provisions
     Division 3       Transitional
     s. 42



1          (3)   The conditions or restrictions must be determined by notice to
2                the relevant rail infrastructure manager and must comprise --
3                  (a) any conditions or restrictions that applied to the
4                        registration under the repealed Act (whether or not they
5                        are varied by the Regulator); or
6                  (b) any new conditions or restrictions determined by the
7                        Regulator.
8          (4)   A notice under subsection (3) --
9                 (a) must be in writing and given to the rail infrastructure
10                      manager; and
11                (b) if a condition or restriction has been imposed on the
12                      registration, must include --
13                         (i) the reasons for imposing the condition or
14                              restriction; and
15                        (ii) information about the right of review under the
16                              Rail Safety National Law (WA) Part 7.

17   42.         Police officers continue to be authorised
18         (1)   In this section --
19               authorised tester means an authorised drug tester or authorised
20               person as those terms are defined in the Road Traffic Act 1974
21               section 65.
22         (2)   A police officer who was an authorised tester immediately
23               before the commencement day is, on and after the
24               commencement day, taken to be authorised to use a breath
25               analysis instrument mentioned in section 15(1)(a).

26   43.         Alleged offences against repealed Act
27         (1)   Despite the repeal effected by section 39, the repealed Act
28               continues to apply to an offence allegedly committed against
29               that Act before the commencement day as if that Act had not
30               been repealed.



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                              Local repeal and transitional provisions       Part 4
                                                          Transitional  Division 3
                                                                               s. 44



1          (2)   For the purposes of this section, if an act or omission
2                constituting an offence against the repealed Act is alleged to
3                have taken place between 2 dates, one before and one on or after
4                the commencement day, the act or omission is taken to be
5                alleged to have taken place before the commencement day.

6    44.         Notifiable occurrences
7          (1)   A report of a notifiable occurrence made under Part 4 Division 6
8                of the repealed Act as in force immediately before the
9                commencement day has effect as if it were a report of that
10               occurrence made under the Rail Safety National Law (WA)
11               Part 3 Division 8.
12         (2)   An investigation of a notifiable occurrence under Part 4
13               Division 6 of the repealed Act as in force immediately before
14               the commencement day continues as if it were an investigation
15               under the Rail Safety National Law (WA) Part 3 Division 8.

16   45.         Notices
17         (1)   An improvement notice in force under Part 5 Division 7 of the
18               repealed Act immediately before the commencement day has
19               effect as if it were an improvement notice under the Rail Safety
20               National Law (WA) Part 5 Division 1.
21         (2)   A prohibition notice in force under Part 5 Division 8 of the
22               repealed Act immediately before the commencement day
23               continues to have effect as if it were a prohibition notice under
24               the Rail Safety National Law (WA) Part 5 Division 2.

25   46.         Safety-related systems, agreements, plans, programmes and
26               assessments
27               A system, agreement, plan, programme or assessment in force
28               under Part 4 Division 4 of the repealed Act immediately before
29               the commencement day has effect as if it were a corresponding
30               system, agreement plan, programme or assessment under the
31               Rail Safety National Law (WA) Part 3 Division 6.


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     Rail Safety National Law (WA) Bill 2014
     Part 4           Local repeal and transitional provisions
     Division 3       Transitional
     s. 47



1    47.         Reviews and appeals
2          (1)   If an application for accreditation, or variation of accreditation,
3                has been refused under the repealed Act and the period within
4                which the applicant could have applied for a review of the
5                decision had that Act not been repealed has not, immediately
6                before the commencement day, expired, the applicant may,
7                before the expiry of that period, apply for a review of the
8                decision under the Rail Safety National Law (WA) as if the
9                decision had been made under the Law.
10         (2)   A person who is to be granted accreditation as the result of a
11               review of, or appeal against, a decision made under the repealed
12               Act who has not, immediately before the commencement day,
13               been accredited, must be granted accreditation under the Rail
14               Safety National Law (WA) subject to any conditions and
15               restrictions that would have applied to the accreditation under
16               the repealed Act.

17   48.         Provision of information and assistance by Director of Rail
18               Safety
19               Despite any other Act or law, the Director Rail Safety under the
20               repealed Act is authorised, on his or her own initiative or at the
21               request of ONRSR --
22                 (a) to provide ONRSR with any information (including
23                       information given in confidence) in the possession or
24                       control of the Director that is reasonably required by
25                       ONRSR for the local application provisions of this Act
26                       or the Rail Safety National Law (WA); and
27                 (b) to provide ONRSR with any other assistance that is
28                       reasonably required by ONRSR to perform or exercise a
29                       function or power under the local application provisions
30                       of this Act or the Rail Safety National Law (WA).

31   49.         Funds in, or payable to, Rail Safety Accreditation Account
32         (1)   On the commencement day any moneys standing to the credit of
33               the Rail Safety Accreditation Account referred to in section 43

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                      Local repeal and transitional provisions       Part 4
                                                  Transitional  Division 3
                                                                       s. 49



1         of the repealed Act (the former account) are to be credited to
2         the Consolidated Account and the former account is then to be
3         closed.
4   (2)   The Consolidated Account is to be credited with any money that
5         became payable to the former account before the
6         commencement day and that is paid after that day.




                                                                    page 31
     Rail Safety National Law (WA) Bill 2014
     Part 5           Consequential amendments

     s. 50



1                     Part 5 -- Consequential amendments
2    50.         Various references to "Rail Safety Act 2010" amended
3          (1)   This section amends the Acts listed in the Table.
4          (2)   In the provisions listed in the Table delete "Rail Safety
5                Act 2010" and insert:
6

7                Rail Safety National Law (WA) Act 2014
8

9                                               Table
       Government Railways Act 1904                 s. 2A
                                                    s. 13(1a)(d)
                                                    s. 61(5)

       Mines Safety and Inspection                  s. 7(2)
       Act 1994

       Personal Property Securities                 s. 17(1) def. of relevant State
       (Commonwealth Laws) Act 2011                 property law par. (d)

       Public Transport Authority                   s. 3 def. of train
       Act 2003                                     s. 4(1)(a)

       Rail Freight System Act 2000                 s. 9(1)(a)

       Railways (Access) Act 1998                   s. 8

10               Notes:
11               1.       In the Government Railways Act 1904, the heading to amended
12                        section 2A is to read:
13                        Relationship of this Act to Rail Safety National Law (WA) Act 2014
14               2.       In the Railways (Access) Act 1998, the heading to amended section 8
15                        is to read:

16                        Code is subject to Rail Safety National Law (WA) Act 2014


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                                             Rail Safety National Law (WA) Bill 2014
                                              Rail Safety National Law    Schedule
                                                           Preliminary        Part 1
                                                                                 s. 1



1                   Schedule -- Rail Safety National Law
2                                                                                  [s. 4]

3                                Part 1 -- Preliminary

4    1.         Short title
5               This Law may be cited as the Rail Safety National Law.

6    2.         Commencement
7               This Law commences in a participating jurisdiction as provided by the
8               application Act of the jurisdiction.

9    3.         Purpose, objects and guiding principles of Law
10        (1)   The main purpose of this Law is to provide for safe railway operations
11              in Australia.
12        (2)   The objects of this Law are --
13                (a) to establish the Office of the National Rail Safety Regulator
14                      (the ONRSR); and
15                (b) to make provision for the appointment, functions and powers
16                      of the National Rail Safety Regulator (the Regulator); and
17                (c) to make provision for a national system of rail safety,
18                      including by providing a scheme for national accreditation of
19                      rail transport operators in respect of railway operations; and
20                (d)   to provide for the effective management of safety risks
21                      associated with railway operations; and
22                (e)   to provide for the safe carrying out of railway operations; and
23                (f)   to provide for continuous improvement of the safe carrying
24                      out of railway operations; and
25                (g)   to make special provision for the control of particular risks
26                      arising from railway operations; and
27                (h)   to promote public confidence in the safety of transport of
28                      persons or freight by rail; and
29                (i)   to promote the provision of advice, information, education
30                      and training for safe railway operations; and


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     Part 1           Preliminary
     s. 4



1                 (j)   to promote the effective involvement of relevant
2                       stakeholders, through consultation and cooperation, in the
3                       provision of safe railway operations.
4         (3)   The guiding principles under this Law are --
5                 (a)   to assist rail transport operators to achieve productivity by the
6                       provision of a national scheme for rail safety; and
7                 (b)   to operate the national scheme in a timely, transparent,
8                       accountable, efficient, effective, consistent and fair way; and
9                 (c)   that fees required to be paid for the provision of the national
10                      scheme are to be reasonable having regard to the efficient and
11                      effective operation of the scheme.
12        (4)   The Parliament does not intend by this section to create in any person
13              any legal right or give rise to any civil cause of action.

14   4.         Interpretation
15        (1)   In this Law, unless the contrary intention appears --
16              accredited person means a rail transport operator who is accredited
17              under this Law, but does not include a person whose accreditation
18              under this Law --
19                (a) has been surrendered or revoked or has otherwise ceased to
20                       have effect under this Law; or
21                (b) is suspended under this Law;
22              Acting Regulator means an Acting National Rail Safety Regulator
23              appointed under Part 2 Division 2;
24              amusement structure means a structure or device operated for hire or
25              reward, or provided on hire or lease --
26                (a)   that is used or designed to be used for amusement or
27                      entertainment and on which persons may be moved, carried,
28                      raised, lowered or supported by any part of the structure or
29                      device; and
30                (b)   that is an arrangement of structural or mechanical elements
31                      (or both) that has as its prime function the provision of
32                      movement of a passenger or passengers in a controlled
33                      manner so that the passenger or passengers are not
34                      necessarily required to move themselves to obtain the desired
35                      effect;

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                                     Rail Safety National Law    Schedule
                                                  Preliminary        Part 1
                                                                        s. 4



1    application Act means the Act of a jurisdiction that applies the Rail
2    Safety National Law set out in the Schedule to the Rail Safety
3    National Law (South Australia) Act 2012 of South Australia as a law
4    of the jurisdiction;
5    approved code of practice means a code of practice approved under
6    section 249;
7    AQF means the Australian Qualifications Framework within the
8    meaning of the Skilling Australia's Workforce Act 2005 of the
9    Commonwealth;
10   AQTF means the Australian Quality Training Framework within the
11   meaning of the Skilling Australia's Workforce Act 2005 of the
12   Commonwealth;
13   associated railway track structures includes --
14     (a)   associated works (such as cuttings, sidings, tunnels, bridges,
15           stations, platforms, tram stops, excavations, land fill, track
16           support earthworks and drainage works); and
17      (b) over-track structures and under-track structures (including
18           tunnels under-tracks);
19   Australian Accounting Standards means Accounting Standards
20   issued by the Australian Accounting Standards Board;
21   Australian rail safety law means this Law or a corresponding
22   previous enactment in a participating jurisdiction corresponding, or
23   substantially corresponding, to this Law;
24   authorised person means --
25     (a)   a police officer; or
26    (b) a person appointed under section 124;
27   Category 1 offence -- see section 58;
28   Category 2 offence -- see section 59;
29   Category 3 offence -- see section 60;
30   commercial benefits order means an order under section 230;
31   designated provision of this Law -- see section 204;
32   drug means --
33     (a)   a substance declared by the national regulations to be a drug
34           for the purposes of this Law; and


                                                                    page 35
     Rail Safety National Law (WA) Bill 2014
     Schedule         Rail Safety National Law
     Part 1           Preliminary
     s. 4



1                (b)    a substance declared under section 6 to be a drug for the
2                       purposes of this Law; and
3                 (c) any other substance (other than alcohol) that, when consumed
4                       or used by a person, deprives that person (temporarily or
5                       permanently) of any of his or her normal mental or physical
6                       faculties;
7              employee means a person employed under a contract of employment
8              or contract of training;
9              employer means a person who employs 1 or more other persons under
10             contracts of employment or contracts of training;
11             exercise, for a function, includes perform;
12             footpath means an area open to the public that is designated for, or 1
13             of its main uses is, use by pedestrians;
14             Fund means the National Rail Safety Regulator Fund established
15             under Part 2 Division 4;
16             improvement notice means a notice under Part 5 Division 1;
17             infringement penalty provision has the meaning given by
18             section 233;
19             interface agreement means an agreement made under Part 3
20             Division 6 Subdivision 2 about managing risks to safety identified
21             and assessed in accordance with that Subdivision;
22             jurisdiction means a State or Territory;
23             level crossing means an area where a road and a railway meet at
24             substantially the same level, whether or not there is a level crossing
25             sign on the road at all or any of the entrances to the area;
26             member, of ONRSR, means the Regulator, an Acting Regulator or a
27             non-executive member appointed under Part 2 Division 2;
28             national regulations means the regulations made under section 264;
29             non-disturbance notice means a notice under Part 5 Division 3;
30             notifiable occurrence means an accident or incident associated with
31             railway operations --
32               (a)   that has, or could have, caused --
33                        (i) significant property damage; or
34                       (ii) serious injury; or
35                      (iii) death;
36                     or

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                                   Rail Safety National Law (WA) Bill 2014
                                    Rail Safety National Law    Schedule
                                                 Preliminary        Part 1
                                                                       s. 4



1      (b)    that is, or is of a class that is, prescribed by the national
2             regulations to be a notifiable occurrence or class of notifiable
3             occurrence,
4    but does not include an accident or incident, or class of accident or
5    incident, that is prescribed by the national regulations not to be a
6    notifiable occurrence;
7    occupational health and safety legislation means legislation relating
8    to occupational health and safety prescribed by the national
9    regulations for the purposes of this definition;
10   Office of the National Rail Safety Regulator or ONRSR means the
11   Office of the National Rail Safety Regulator established under Part 2
12   Division 1;
13   officer --
14     (a)   in relation to a body corporate, has the same meaning as
15           officer has in relation to a corporation under section 9 of the
16           Corporations Act 2001 of the Commonwealth;
17     (b) in relation to any other person, means an individual who
18           makes, or participates in making, decisions that affect the
19           whole, or a substantial part, of the business or undertaking of
20           the person;
21   participating jurisdiction means a jurisdiction in which --
22     (a)   this Law applies as a law of the jurisdiction; or
23     (b)   a law that substantially corresponds to the provisions of this
24           Law has been enacted; or
25     (c)   a law prescribed by the national regulations for the purposes
26           of this definition has been enacted;
27   prescribed drug -- see section 128;
28   private siding means a siding that is owned, controlled or managed by
29   a person, other than a person who manages the rail infrastructure with
30   which the siding connects or to which it has access, but does not
31   include --
32     (a)   a marshalling yard; or
33     (b)   a crossing loop; or
34     (c)   a passenger terminal; or
35     (d)   a freight terminal; or


                                                                      page 37
     Rail Safety National Law (WA) Bill 2014
     Schedule         Rail Safety National Law
     Part 1           Preliminary
     s. 4



1                (e)   a siding under the control and management of an accredited
2                      rail infrastructure manager; or
3                (f)   a siding, or a siding of a class, prescribed by the national
4                      regulations not to be a private siding;
5              prohibition notice means a notice under Part 5 Division 2;
6              public place means --
7                (a)   a place that --
8                         (i) the public is entitled to use; or
9                        (ii)   is open to members of the public; or
10                      (iii)   is used by the public,
11                     whether or not on payment of money; or
12               (b)   a place that the occupier allows members of the public to
13                     enter, whether or not on payment of money;
14             public road means any road other than a private road;
15             public sector auditor means --
16               (a)    the Auditor-General (however described) of a participating
17                      jurisdiction; or
18               (b) an auditor employed, appointed or otherwise engaged, by an
19                      Auditor-General of a participating jurisdiction;
20             rail infrastructure means the facilities that are necessary to enable a
21             railway to operate and includes --
22                (a) railway tracks and associated railway track structures; and
23               (b)   service roads, signalling systems, communications systems,
24                     rolling stock control systems, train control systems and data
25                     management systems; and
26               (c)   notices and signs; and
27               (d)   electrical power supply and electric traction systems; and
28               (e)   associated buildings, workshops, depots and yards; and
29               (f)   plant, machinery and equipment,
30             but does not include --
31               (g)   rolling stock; or
32               (h)   any facility, or facility of a class, that is prescribed by the
33                     national regulations not to be rail infrastructure;


     page 38
                                    Rail Safety National Law (WA) Bill 2014
                                     Rail Safety National Law    Schedule
                                                  Preliminary        Part 1
                                                                        s. 4



1    rail infrastructure manager, in relation to rail infrastructure of a
2    railway, means the person who has effective control and management
3    of the rail infrastructure, whether or not the person --
4       (a) owns the rail infrastructure; or
5      (b)   has a statutory or contractual right to use the rail
6            infrastructure or to control, or provide, access to it;
7    rail or road crossing includes a railway crossing, a bridge carrying a
8    road over a railway and a bridge carrying a railway over a road;
9    rail safety officer means a person holding an appointment as a rail
10   safety officer under Part 4 Division 2;
11   rail safety undertaking -- see Part 10 Division 6;
12   rail safety work -- see section 8;
13   rail safety worker means an individual who has carried out, is
14   carrying out, or is about to carry out, rail safety work;
15   rail transport operator means --
16     (a)   a rail infrastructure manager; or
17     (b)    a rolling stock operator; or
18     (c)    a person who is both a rail infrastructure manager and a
19            rolling stock operator;
20   rail workplace means a place where rail safety work is carried out,
21   and includes any place where a rail safety worker goes, or is likely to
22   be, while doing rail safety work;
23   railway means a guided system, or proposed guided system, designed
24   for the movement of rolling stock having the capability of
25   transporting passengers or freight (or both) on a railway track with a
26   gauge of 600 millimetres or more, together with its rail infrastructure
27   and rolling stock, and includes the following:
28     (a)   a heavy railway;
29     (b)   a light railway;
30     (c)   a monorail;
31     (d)   an inclined railway;
32     (e)   a tramway;
33     (f)   a railway within a marshalling yard or a passenger or freight
34           terminal;


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1                (g)    a private siding;
2                (h)    a guided system, or guided system of a class, prescribed by
3                       the national regulations to be a railway;
4              Note: See section 7 for railways to which this Law does not apply.
5              railway crossing means --
6                (a) a level crossing; or
7                (b)    any area where a footpath or shared path crosses a railway at
8                       substantially the same level;
9              railway operations means any of the following --
10               (a)    the construction of a railway, railway tracks and associated
11                      railway track structures;
12               (b)    the construction of rolling stock;
13               (c)    the management, commissioning, maintenance, repair,
14                      modification, installation, operation or decommissioning of
15                      rail infrastructure;
16               (d)    the commissioning, use, modification, maintenance, repair or
17                      decommissioning of rolling stock;
18               (e)    the operation or movement, or causing the operation or
19                      movement by any means, of rolling stock on a railway
20                      (including for the purposes of construction or restoration of
21                      rail infrastructure);
22                (f)   the movement, or causing the movement, of rolling stock for
23                      the purposes of operating a railway service;
24               (g)    the scheduling, control and monitoring of rolling stock being
25                      operated or moved on rail infrastructure;
26             railway premises means --
27               (a)    land (including any premises on land) on or in which is
28                      situated rail infrastructure; or
29               (b)    land (including any premises on land) on or in which is
30                      situated any over-track or under-track structure or part of an
31                      over-track or under-track structure; or
32               (c)    freight centres or depots used in connection with the carrying
33                      out of railway operations; or
34               (d)    workshops or maintenance depots used in connection with the
35                      carrying out of railway operations; or

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                                                                      s. 4



1      (e)   premises (including an office, building or housing) used in
2            connection with the carrying out of railway operations; or
3      (f)   rolling stock or other vehicles associated with railway
4            operations; or
5      (g)   any other rail workplace;
6    reasonably practicable -- see section 47;
7    Register means the National Rail Safety Register established under
8    section 42;
9    registered person means a rail infrastructure manager who is
10   registered under this Law, but does not include a person whose
11   registration under this Law --
12     (a) has been surrendered or revoked or has otherwise ceased to
13            have effect under this Law; or
14     (b) is suspended under this Law;
15   Regulator means the National Rail Safety Regulator or an Acting
16   National Rail Safety Regulator appointed under Part 2 Division 2;
17   responsible Minister, for a participating jurisdiction, means the
18   Minister of that jurisdiction nominated by that jurisdiction as its
19   responsible Minister for the purposes of this Law;
20   road infrastructure includes --
21     (a)   a road, including its surface or pavement; and
22     (b)   anything under or supporting a road or its surface or
23           pavement; and
24     (c)   any bridge, tunnel, causeway, road-ferry, ford or other work
25           or structure forming part of a road system or supporting a
26           road; and
27     (d)   any bridge or other work or structure located above, in or on a
28           road; and
29     (e)   any traffic control devices, electricity equipment, emergency
30           telephone systems or any other facilities (whether of the same
31           or a different kind) in, on, over, under or connected with
32           anything referred to in paragraphs (a) to (d); and




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1                (f)   anything prescribed by the national regulations to be road
2                      infrastructure,
3              but does not include rail infrastructure or anything that is prescribed
4              by the national regulations not to be road infrastructure;
5              road manager --
6                (a)   in relation to a private road -- means the owner, or other
7                      person responsible for the care, control and management, of
8                      the road; or
9                (b)   in relation to a public road -- means an authority, person or
10                     body responsible for the care, control or management of the
11                     road;
12             rolling stock means a vehicle that operates on or uses a railway, and
13             includes a locomotive, carriage, rail car, rail motor, light rail vehicle,
14             train, tram, light inspection vehicle, self propelled infrastructure
15             maintenance vehicle, trolley, wagon or monorail vehicle, but does not
16             include a vehicle designed to operate both on and off a railway when
17             the vehicle is not operating on a railway;
18             rolling stock operator means a person who has effective control and
19             management of the operation or movement of rolling stock on rail
20             infrastructure for a railway, but does not include a person by reason
21             only that the person drives the rolling stock or controls the network or
22             the network signals;
23             running line means a railway track used primarily for the through
24             movement of trains;
25             safety means the safety of people, including rail safety workers,
26             passengers, other users of railways, users of rail or road crossings and
27             the general public;
28             safety duty -- see section 57;
29             safety management system -- see Part 3 Division 6;
30             siding means a portion of railway track, connected by points to a
31             running line or another siding, on which rolling stock can be placed
32             clear of the running line;
33             South Australian Minister means the responsible Minister for South
34             Australia;




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1    substance means substance in any form (whether gaseous, liquid,
2    solid or other), and includes material, preparation, extract and
3    admixture;
4    supervisory intervention order -- see section 231;
5    supply includes --
6      (a)   in relation to goods -- supply or resupply by way of sale,
7            exchange, lease, hire or hire purchase, whether as principal or
8            agent; or
9      (b)   in relation to services -- provide, grant or confer, whether as
10           principal or agent;
11   Territory means the Australian Capital Territory or the Northern
12   Territory;
13   this Law means --
14     (a) this Law as it applies as a law of a participating jurisdiction;
15           or
16     (b)   a law of a participating jurisdiction that --
17              (i) substantially corresponds to the provisions of this
18                   Law; or
19             (ii) is prescribed by the national regulations for the
20                   purposes of paragraph (c) of the definition of
21                   participating jurisdiction;
22   train means --
23     (a)   2 or more units of rolling stock coupled together, at least 1 of
24           which is a locomotive or other self propelled unit; or
25     (b)    a unit of rolling stock that is a locomotive or other self
26            propelled unit;
27   train safety recording -- see section 130;
28   union means --
29     (a)   an employee organisation that is registered, or taken to be
30           registered, under the Fair Work (Registered Organisations)
31           Act 2009 of the Commonwealth; or
32     (b)   an association of employees or independent contractors (or
33           both) that is registered or recognised as such an association
34           (however described) under a State or Territory industrial law.



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1         (2)   In this Law --
2                 (a) a reference to this Law extends to a statutory instrument
3                        made under this Law, or a provision of this Law or a statutory
4                        instrument made under this Law; and
5                 (b) a reference to the responsible Ministers is a reference to a
6                        group of Ministers consisting of --
7                          (i)   the responsible Minister for each participating
8                                jurisdiction; and
9                         (ii)   a Commonwealth Minister nominated by the
10                               Commonwealth as the responsible Minister for the
11                               Commonwealth for the purposes of this Law (the
12                               Commonwealth Minister).
13        (3)   The Commonwealth Minister has complete discretion as to whether or
14              not to exercise a function or power given to the responsible Ministers
15              under this Law and so, for the purposes of this Law, a
16              recommendation of the responsible Ministers that is required to be
17              unanimous will be taken to be unanimous if the Commonwealth
18              Minister declines to exercise the function or power and the
19              responsible Minister for each participating jurisdiction agrees with the
20              recommendation.

21   5.         Interpretation generally
22              Schedule 2 to this Law applies in relation to this Law.

23   6.         Declaration of substance to be drug
24        (1)   The responsible Ministers may declare a substance to be a drug for the
25              purposes of this Law.
26        (2)   A declaration under subsection (1) --
27                (a)   is to be published on the NSW legislation website in
28                      accordance with Part 6A of the Interpretation Act 1987 of
29                      New South Wales; and
30                (b)   will commence on the day specified in the declaration for its
31                      commencement (being not earlier than the date it is
32                      published); and
33                (c)   is to be published by ONRSR on its website.



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                                                           Preliminary        Part 1
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1    7.         Railways to which this Law does not apply
2         (1)   This Law does not apply to or in relation to --
3                 (a)   a railway in a mine that is underground, or chiefly
4                       underground, and that is used in connection with the
5                       performance of mining operations; or
6                 (b)   a slipway; or
7                 (c)   a railway used only to guide a crane; or
8                 (d)   an aerial cable operated system; or
9                 (e)   a railway used only by a horse-drawn tram; or
10                (f)   a railway used only for a static display; or
11                (g)   any other railway, or class of railway, prescribed by the
12                      national regulations to be a railway, or railway of a class, to
13                      which this Law does not apply.
14        (2)   This Law does not apply to or in relation to the following railways --
15                (a) a railway that --
16                        (i)    is privately owned and operated as a hobby; and
17                        (ii)   is operated only on private property; and
18                       (iii)   does not operate on or cross a public road; and
19                       (iv)    is not operated for hire or reward, or provided on hire
20                               or lease; and
21                        (v)    to which members of the public do not have access
22                               (whether by invitation or otherwise);
23                (b)   a railway that --
24                         (i) is used only for the purposes of an amusement
25                              structure; and
26                        (ii)   is operated only within an amusement park; and
27                       (iii)   does not operate on or cross a public road; and
28                       (iv)    is not connected with another railway in respect of
29                               which a rail transport operator is required to be
30                               accredited or registered under this Law.
31        (3)   Despite subsection (2)(b), the national regulations may prescribe a
32              specified railway of a class referred to in that paragraph to be a
33              railway to which or in relation to which this Law applies.

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     Part 1           Preliminary
     s. 8



1    8.         Meaning of rail safety work
2         (1)   Subject to subsection (2), any of the following classes of work is rail
3               safety work for the purposes of this Law --
4                 (a)   driving or despatching rolling stock or any other activity
5                       which is capable of controlling or affecting the movement of
6                       rolling stock;
7                 (b)   signalling (and signalling operations), receiving or relaying
8                       communications or any other activity which is capable of
9                       controlling or affecting the movement of rolling stock;
10                (c)   coupling or uncoupling rolling stock;
11                (d)   maintaining, repairing, modifying, monitoring, inspecting or
12                      testing --
13                         (i) rolling stock, including checking that the rolling
14                              stock is working properly before being used; or
15                        (ii)   rail infrastructure;
16                (e)   installation of components in relation to rolling stock;
17                (f)   work on or about rail infrastructure relating to the design,
18                      construction, repair, modification, maintenance, monitoring,
19                      upgrading, inspection or testing of the rail infrastructure or
20                      associated works or equipment, including checking that the
21                      rail infrastructure is working properly before being used;
22                (g)   installation or maintenance of --
23                         (i)   a telecommunications system relating to rail
24                               infrastructure or used in connection with rail
25                               infrastructure; or
26                        (ii)   the means of supplying electricity directly to rail
27                               infrastructure, any rolling stock using rail
28                               infrastructure or a telecommunications system;
29                (h)   work involving certification as to the safety of rail
30                      infrastructure or rolling stock or any part or component of rail
31                      infrastructure or rolling stock;
32                (i)   work involving the decommissioning of rail infrastructure or
33                      rolling stock or any part or component of rail infrastructure or
34                      rolling stock;




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1                 (j)   work involving the development, management or monitoring
2                       of safe working systems for railways;
3                 (k)   work involving the management or monitoring of passenger
4                       safety on, in or at any railway;
5                 (l)   any other work that is prescribed by the national regulations
6                       to be rail safety work.
7         (2)   For the purposes of this Law, rail safety work does not include any
8               work, or any class of work, prescribed by the national regulations not
9               to be rail safety work.

10   9.         Single national entity
11        (1)   It is the intention of the Parliament of this jurisdiction that this Law as
12              applied by an Act of this jurisdiction, together with this Law as
13              applied by Acts of the other participating jurisdictions, has the effect
14              that an entity established by this Law is 1 single national entity, with
15              functions conferred by this Law as so applied.
16        (2)   An entity established by this Law has power to do acts in or in
17              relation to this jurisdiction in the exercise of a function expressed to
18              be conferred on it by this Law as applied by Acts of each participating
19              jurisdiction.
20        (3)   An entity established by this Law may exercise its functions in
21              relation to --
22                (a)   1 participating jurisdiction; or
23                (b)   2 or more or all participating jurisdictions collectively.
24        (4)   In this section, a reference to this Law as applied by an Act of a
25              jurisdiction includes --
26                (a)   a reference to a law that substantially corresponds to this Law
27                      enacted in a jurisdiction; and
28                (b)   a law prescribed by the national regulations for the purposes
29                      of the definition of a participating jurisdiction.




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1    10.         Extraterritorial operation of Law
2                It is the intention of the Parliament of this jurisdiction that the
3                operation of this Law is to, as far as possible, include operation in
4                relation to the following --
5                  (a)   things situated in or outside the territorial limits of this
6                        jurisdiction;
7                  (b)   acts, transactions and matters done, entered into or occurring
8                        in or outside the territorial limits of this jurisdiction;
9                  (c)   things, acts, transactions and matters (wherever situated,
10                       done, entered into or occurring) that would, apart from this
11                       Law, be governed or otherwise affected by the law of another
12                       jurisdiction.

13   11.         Crown to be bound
14         (1)   This Law binds the Crown, in right of this jurisdiction and, insofar as
15               the legislative power of the Parliament of this jurisdiction permits, the
16               Crown in all its other capacities.
17         (2)   No criminal liability attaches to the Crown itself (as distinct from its
18               agents, instrumentalities, officers and employees) under this Law.

19               Part 2 -- Office of the National Rail Safety Regulator

20                 Division 1 -- Establishment, functions, objectives, etc

21   12.         Establishment
22         (1)   The Office of the National Rail Safety Regulator (ONRSR) is
23               established.
24         (2)   ONRSR --
25                (a) is a body corporate with perpetual succession; and
26                 (b)   has a common seal; and
27                 (c)   may sue and be sued in its corporate name.
28         (3)   ONRSR represents the Crown.




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                                                                                  s. 13



1    13.         Functions and objectives
2          (1)   In addition to any other function conferred on ONRSR by this Law or
3                an Act, ONRSR has the following functions --
4                  (a)   to administer, audit and review the accreditation regime under
5                        this Law;
6                  (b)   to work with rail transport operators, rail safety workers, and
7                        others involved in railway operations, to improve rail safety
8                        nationally;
9                  (c)   to conduct research, collect and publish information relating
10                       to rail safety;
11                 (d)   to provide, or facilitate the provision of, advice, education
12                       and training in relation to rail safety;
13                 (e)   to monitor, investigate and enforce compliance with this Law;
14                 (f)   to engage in, promote and coordinate the sharing of
15                       information to achieve the objects of this Law, including the
16                       sharing of information with a prescribed authority;
17                 (g)   at the request of the Commonwealth or a jurisdiction -- to
18                       carry out any other function as agreed between ONRSR and
19                       the jurisdiction.
20         (2)   In exercising its functions, ONRSR must --
21                 (a) facilitate the safe operations of rail transport in Australia; and
22                 (b)   exhibit independence, rigour and excellence in carrying out
23                       its regulatory functions; and
24                 (c)   promote safety and safety improvement as a fundamental
25                       objective in the delivery of rail transport in Australia.
26         (3)   In this section --
27               prescribed authority means --
28                 (a)   the Australian Transport Safety Bureau established under the
29                       Transport Safety Investigation Act 2003 of the
30                       Commonwealth; and
31                 (b)   any other relevant authority established under a law of a
32                       participating jurisdiction.




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1    14.         Independence of ONRSR
2                Except as provided under this Law or an Act, ONRSR is not subject
3                to Ministerial direction in the exercise of its functions or powers.

4    15.         Powers
5          (1)   ONRSR has all the powers of an individual and, in particular, may --
6                 (a) enter into contracts; and
7                  (b)    acquire, hold, dispose of, and deal with, real and personal
8                         property; and
9                  (c)    do anything necessary or convenient to be done in the
10                        exercise of its functions.
11         (2)   Without limiting subsection (1), ONRSR may enter into an agreement
12               (a service agreement) with a State or Territory that makes provision
13               for --
14                  (a) the State or Territory to provide services to ONRSR that
15                        assist ONRSR in exercising its functions; or
16                 (b)    ONRSR to provide services to the State or Territory.

17               Division 2 -- Office of the National Rail Safety Regulator
18                        Subdivision 1 -- Constitution of ONRSR

19   16.         Constitution of ONRSR
20         (1)   ONRSR consists of --
21                 (a)    a person appointed by the South Australian Minister acting on
22                        the unanimous recommendation of the responsible Ministers
23                        as the National Rail Safety Regulator (the Regulator); and
24                 (b)    2 non-executive members (full-time or part-time) as are
25                        appointed by the South Australian Minister acting on the
26                        unanimous recommendation of the responsible Ministers.
27         (2)   The exercise of a function or power of ONRSR is not affected by a
28               vacancy in the membership of ONRSR.




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                                                Rail Safety National Law    Schedule
                            Office of the National Rail Safety Regulator        Part 2
                                                                                  s. 17



1                    Subdivision 2 -- National Rail Safety Regulator

2    17.         Appointment of Regulator
3          (1)   A person may be appointed as the National Rail Safety Regulator who
4                is qualified for appointment because the person has a high level of
5                expertise in 1 or more areas relevant to ONRSR's functions.
6          (2)   The Regulator will be appointed for a term not exceeding 5 years on
7                terms and conditions determined by the South Australian Minister
8                acting on the unanimous recommendation of the responsible
9                Ministers.
10         (3)   The Regulator is entitled to be paid the remuneration and allowances
11               decided by the South Australian Minister acting on the unanimous
12               recommendation of the responsible Ministers from time to time.
13         (4)   In setting the remuneration and allowances for the Regulator, regard
14               must be had to relevant rates (if any) published by the Remuneration
15               Tribunal of the Commonwealth from time to time.
16         (5)   At the expiration of a term of appointment, the Regulator will be
17               eligible for reappointment.
18         (6)   The conditions of appointment of the Regulator must not, without the
19               consent of the Regulator, be varied while the Regulator is in office so
20               as to become less favourable to the Regulator.
21         (7)   The Regulator must not engage, without the written consent of the
22               South Australian Minister acting on the unanimous recommendation
23               of the responsible Ministers, in any other remunerated employment.

24   18.         Acting National Rail Safety Regulator
25         (1)   The South Australian Minister may appoint an Acting National Rail
26               Safety Regulator (who may, or may not, be a non-executive member
27               or a member of the staff of ONRSR) to act in the office of the
28               Regulator and a person so appointed has, while so acting, all the
29               functions and powers of the Regulator.
30         (2)   An Acting Regulator may act in the office of the Regulator --
31                (a) during a vacancy in the office of the Regulator (whether or
32                      not an appointment has previously been made to the office);
33                      or

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1                  (b)   during any period, or during all periods, when the
2                        Regulator --
3                             (i)   is absent from duty or from Australia; or
4                          (ii)     is, for any reason, unable to exercise the duties of the
5                                   office;
6                        or
7                  (c)   if the Regulator is disqualified from acting in relation to a
8                        particular matter -- in relation to that matter.
9          (3)   Anything done by or in relation to a person purporting to act under an
10               appointment is not invalid merely because --
11                 (a)   the occasion for the appointment had not arisen; or
12                 (b)   there is a defect or irregularity in connection with the
13                       appointment; or
14                 (c)   the appointment had ceased to have effect; or
15                 (d)   the occasion to act had not arisen or had ceased.

16   19.         Functions of Regulator
17         (1)   The functions of the Regulator include --
18                 (a) being the chief executive of ONRSR; and
19                 (b) exercising the functions of ONRSR conferred on the
20                      Regulator under this Law or an Act; and
21                 (c)   otherwise acting on behalf of ONRSR in appropriate cases.
22         (2)   An act of the Regulator will be taken to be an act of ONRSR.
23         (3)   Except as provided under this Law or an Act of a participating
24               jurisdiction, the Regulator is not subject to direction in the exercise of
25               his or her functions or powers.
26         (4)   The Regulator must act consistently with the policies determined by
27               ONRSR.

28   20.         Power of Regulator to obtain information
29         (1)   This section applies if the Regulator has reasonable grounds to believe
30               that a person is capable of giving information, providing documents
31               or giving evidence in relation to a possible contravention of this Law
32               or that will assist to monitor or enforce compliance with this Law.

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                                                                                 s. 20



1    (2)   The Regulator may, by written notice served on the person, require
2          the person to do 1 or more of the following --
3            (a)     to give the Regulator in writing signed by the person (or in
4                    the case of a body corporate, by a competent officer of the
5                    body corporate) and within the time and in the manner
6                    specified in the notice, that information of which the person
7                    has knowledge;
8            (b)     to produce to the Regulator, in accordance with the notice,
9                    those documents;
10           (c)     to appear before a person appointed by the Regulator on a
11                   day, and at a time and place, specified in the notice (being a
12                   day, time and place that are reasonable in the circumstances)
13                   and give either orally or in writing that evidence and produce
14                   those documents.
15   (3)   The notice must --
16           (a)         state that the requirement is made under this section; and
17           (b)     contain a statement to the effect that a failure to comply with
18                   a requirement is an offence; and
19           (c)     if the notice requires the person to provide information or
20                   documents or answer questions --
21                         (i)   contain a statement about the effect of sections 155
22                               and 245; and
23                        (ii)   state that the person may attend with a legal
24                               practitioner.
25   (4)   The Regulator must not make a requirement under subsection (2)(c)
26         unless the Regulator has taken all reasonable steps to obtain the
27         information under subsections (2)(a) and (b) and has been unable to
28         do so.
29   (5)   A person must not, without reasonable excuse, fail to comply with a
30         requirement under this section.
31         Maximum penalty:
32                 (a)      in the case of an individual -- $10 000;
33                 (b)      in the case of a body corporate -- $50 000.
34   (6)   Subsection (5) places an evidential burden on the accused to show a
35         reasonable excuse.

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1          (7)   Section 155 (with any necessary changes) applies to a requirement
2                under this section.
3                        Subdivision 3 -- Non-executive members

4    21.         Appointment of non-executive members
5          (1)   A person may be appointed as a non-executive member of ONRSR
6                who is qualified for appointment because the person has a high level
7                of expertise in 1 or more areas relevant to ONRSR's functions.
8          (2)   A non-executive member will be appointed for a term not exceeding
9                4 years on terms and conditions determined by the South Australian
10               Minister acting on the unanimous recommendation of the responsible
11               Ministers.
12         (3)   A non-executive member is entitled to be paid the remuneration and
13               allowances decided by the South Australian Minister acting on the
14               unanimous recommendation of the responsible Ministers from time to
15               time.
16         (4)   In setting the remuneration and allowances for a non-executive
17               member regard must be had to relevant rates (if any) published by the
18               Remuneration Tribunal of the Commonwealth from time to time.
19         (5)   At the expiration of a term of appointment, a non-executive member
20               will be eligible for reappointment.
21         (6)   The conditions of appointment of a non-executive member must not,
22               without the consent of the member, be varied while the member is in
23               office so as to become less favourable to the member.
24          Subdivision 4 -- Miscellaneous provisions relating to membership

25   22.         Vacancy in or removal from office
26         (1)   The office of a member of ONRSR becomes vacant if the member --
27                 (a)   completes a term of office; or
28                 (b)   resigns by written notice given to the responsible Ministers;
29                       or
30                 (c)   has been found guilty of an offence, whether in a
31                       participating jurisdiction or elsewhere, that the responsible



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1                        Ministers consider renders the member unfit to continue to
2                        hold the office of member; or
3                  (d)   becomes bankrupt, applies to take the benefit of any law for
4                        the relief of bankrupt or insolvent debtors, compounds with
5                        the member's creditors or makes an assignment of the
6                        member's remuneration for their benefit; or
7                  (e)   is absent, without leave first being granted by the relevant
8                        entity from 3 or more consecutive meetings of ONRSR of
9                        which reasonable notice has been given to the member
10                       personally or by post; or
11                 (f)   is removed from office by the South Australian Minister
12                       under this section; or
13                 (g)   dies.
14         (2)   The South Australian Minister may remove a member of ONRSR
15               from office if the responsible Ministers recommend the removal of the
16               member on the basis that the member has engaged in misconduct or
17               has failed to or is unable to properly exercise the member's functions
18               as a member of ONRSR.
19         (3)   In this section --
20               relevant entity means --
21                 (a)   for the Regulator -- the responsible Ministers; or
22                 (b)   for a non-executive member -- the Regulator.

23   23.         Member to give responsible Ministers notice of certain events
24               A member of ONRSR must, within 7 days of either of the following
25               events occurring, give the responsible Ministers notice of the event --
26                 (a) the member is convicted of an offence;
27                 (b)   the member becomes bankrupt, applies to take the benefit of
28                       any law for the relief of bankrupt or insolvent debtors,
29                       compounds with the member's creditors or makes an
30                       assignment of the member's remuneration for their benefit.

31   24.         Extension of term of office during vacancy in membership
32         (1)   If the office of a member of ONRSR becomes vacant because the
33               member has completed the member's term of office, the member is


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1                taken to continue to be a member during that vacancy until the date on
2                which the vacancy is filled, whether by reappointment of the member
3                or appointment of a successor to the member.
4          (2)   However, this section ceases to apply to the member if --
5                  (a)   the member resigns the member's office by signed notice
6                        given to the responsible Ministers; or
7                  (b)   the responsible Ministers decide the services of the member
8                        are no longer required.
9          (3)   The maximum period for which a member of ONRSR is taken to
10               continue to be a member under this section after completion of the
11               member's term of office is 6 months.

12   25.         Members to act in public interest
13               A member of ONRSR is to act impartially and in the public interest in
14               the exercise of the member's functions as a member.

15   26.         Disclosure of conflict of interest

16         (1)   If a member of ONRSR has a direct or indirect pecuniary or other
17               interest that conflicts or may conflict with the exercise of the
18               member's functions as a member, the member must, as soon as
19               possible after the relevant facts have come to the member's
20               knowledge, disclose the nature of the member's interest and the
21               conflict to --
22                  (a) for the Regulator -- the responsible Ministers; or
23                 (b)   for a non-executive member -- the Regulator.

24         (2)   If a disclosure is made under subsection (1), the entity to whom the
25               disclosure is made must notify ONRSR of the disclosure.

26         (3)   Particulars of any disclosure made under subsection (1) must be
27               recorded by ONRSR in a register of interests kept for the purpose.

28         (4)   After a member of ONRSR has disclosed the nature of an interest and
29               conflict or potential conflict under subsection (1), the member must
30               not be present during any deliberation of ONRSR with respect to any
31               matter that is, or may be, affected by the conflict, or take part in any



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1                decision of ONRSR with respect to any matter that is, or may be,
2                affected by the conflict, unless --
3                  (a)   for the Regulator, the responsible Ministers otherwise decide;
4                        or
5                  (b)   for a non-executive member, ONRSR otherwise decides.
6          (5)   For the purposes of the making of a decision by ONRSR under
7                subsection (4) in relation to a matter, a member of ONRSR who has a
8                direct or indirect pecuniary or other interest that conflicts or may
9                conflict with the exercise of the member's functions as a member with
10               respect to the matter must not --
11                 (a)   be present during any deliberation of ONRSR for the purpose
12                       of making the decision; or
13                 (b)   take part in the making of the decision by ONRSR.
14         (6)   A contravention of this section does not invalidate any decision of
15               ONRSR but if ONRSR becomes aware a member of ONRSR
16               contravened this section, ONRSR must reconsider any decision made
17               by ONRSR in which the member took part in contravention of this
18               section.

19                                Division 3 -- Procedures

20   27.         Times and places of meetings
21         (1)   The Regulator must hold such meetings as he or she considers
22               necessary for the efficient exercise of ONRSR's functions.
23         (2)   Meetings are to be held at such times and places as the Regulator
24               decides.

25   28.         Conduct of meetings
26         (1)   The Regulator is to preside at all meetings of ONRSR at which he or
27               she is present.
28         (2)   If the Regulator is not present at a meeting, a person appointed to act
29               as the Regulator must be present and preside.
30         (3)   A quorum of ONRSR consists of 2 members.
31         (4)   A decision supported by a majority of the votes cast at a meeting of
32               ONRSR at which a quorum is present is the decision of ONRSR.

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1          (5)   The person presiding at a meeting of ONRSR has a deliberative vote
2                and, in the event of an equality of votes, has a second or casting vote.
3          (6)   Subject to this Division, ONRSR may regulate its own procedures.
4          (7)   ONRSR must ensure that minutes of its meetings are kept.

5    29.         Defects in appointment of members
6                A decision of ONRSR is not invalidated by any defect or irregularity
7                in the appointment of a member.

8    30.         Decisions without meetings
9          (1)   A decision is taken to have been made at a meeting of ONRSR if --
10                 (a)   without meeting, a majority of the members indicate
11                       agreement with the proposed decision in accordance with the
12                       method determined under this section; and
13                 (b)   all members were informed, or reasonable efforts were made
14                       to inform all members, of the proposed decision.
15         (2)   Subsection (1) applies only if ONRSR --
16                 (a)   has determined that it applies; and
17                 (b)   has determined the method by which members are to indicate
18                       agreement with proposed decisions.
19         (3)   ONRSR must keep a record of decisions made under this section.

20   31.         Common seal and execution of documents
21         (1)   The common seal of ONRSR must not be affixed to a document
22               except in pursuance of a decision of ONRSR, and the affixing of the
23               seal must be attested by the signature of the Regulator or Acting
24               Regulator.
25         (2)   ONRSR may, by instrument under ONRSR's common seal, authorise
26               an employee of ONRSR (whether nominated by name or by office or
27               title) or any other person to execute documents on behalf of ONRSR
28               subject to conditions and limitations (if any) specified in the
29               instrument of authority.




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1          (3)   Without limiting subsection (2), an authority may be given so as to
2                authorise 2 or more persons to execute documents jointly on behalf of
3                ONRSR.
4          (4)   A document is duly executed by ONRSR if --
5                  (a)   the common seal of ONRSR is affixed to the document in
6                        accordance with this section; or
7                  (b)   the document is signed on behalf of ONRSR by a person or
8                        persons in accordance with an authority conferred under this
9                        section.
10         (5)   Where an apparently genuine document purports to bear the common
11               seal of ONRSR, it will be presumed in any legal proceedings, in the
12               absence of proof to the contrary, that the common seal of ONRSR has
13               been duly affixed to that document.

14                                  Division 4 -- Finance

15   32.         Establishment of Fund
16         (1)   The National Rail Safety Regulator Fund is established.
17         (2)   The Fund is to be administered by ONRSR.
18         (3)   ONRSR may establish accounts with any financial institution for
19               money in the Fund.
20         (4)   The Fund does not form part of the consolidated fund or consolidated
21               account of a participating jurisdiction or the Commonwealth.

22   33.         Payments into Fund
23               There is payable into the Fund --
24                 (a)   all money appropriated by the Parliament of any participating
25                       jurisdiction or the Commonwealth for the purposes of the
26                       Fund; and
27                 (b)   all fees, charges, costs and expenses paid to or recovered by
28                       ONRSR under this Law; and
29                 (c)   the proceeds of the investment of money in the Fund; and
30                 (d)   all grants, gifts and donations made to ONRSR, but subject to
31                       any trusts declared in relation to the grants, gifts or donations;
32                       and

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1                  (e)   all money directed or authorised to be paid into the Fund
2                        under this Law, any law of a participating jurisdiction or any
3                        law of the Commonwealth; and
4                  (f)   any other money or property received by ONRSR in
5                        connection with the exercise of its functions; and
6                  (g)   any money paid to ONRSR for the provision of services to a
7                        State or Territory under an agreement mentioned in
8                        section 15(2)(b).

9    34.         Payments out of Fund
10               Payments may be made from the Fund for the purpose of --
11                 (a)   paying any costs or expenses, or discharging any liabilities,
12                       incurred in the administration or enforcement of this Law,
13                       including (for example) payments made to a State or
14                       Territory for the provision of services under an agreement
15                       mentioned in section 15(2)(a); and
16                 (b)   paying any money directed or authorised to be paid out of the
17                       Fund under this Law; and
18                 (c)   any other payments recommended by ONRSR and approved
19                       by the responsible Ministers.

20   35.         Investment of money in Fund
21         (1)   ONRSR must invest its funds in a way that is secure and provides a
22               low risk so that ONRSR's exposure to the loss of funds is minimised.
23         (2)   ONRSR must keep records that show it has invested in a way that
24               complies with subsection (1).

25   36.         Financial management duties of ONRSR
26               ONRSR must --
27                 (a)   ensure its operations are carried out efficiently, effectively
28                       and economically; and
29                 (b)   keep proper books and records in relation to the Fund and
30                       other money received by ONRSR; and
31                 (c)   ensure expenditure is made from the Fund for lawful
32                       purposes only and, as far as possible, reasonable value is
33                       obtained for money expended from the Fund; and

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1                  (d)   ensure its procedures, including internal control procedures,
2                        afford adequate safeguards with respect to --
3                          (i)     the correctness, regularity and propriety of payments
4                                  made from the Fund; and
5                          (ii)    receiving and accounting for payments made to the
6                                  Fund; and
7                         (iii)    prevention of fraud or mistake;
8                        and
9                  (e)   take any action necessary to ensure the preparation of
10                       accurate financial statements in accordance with Australian
11                       Accounting Standards for inclusion in its annual report; and
12                 (f)   take any action necessary to facilitate the audit of those
13                       financial statements under this Law; and
14                 (g)   arrange for any further audit by a qualified person of the
15                       books and records kept by ONRSR in relation to the Fund, if
16                       directed to do so by the responsible Ministers.

17                                     Division 5 -- Staff

18   37.         Chief executive
19         (1)   The Regulator is the chief executive of ONRSR responsible for --
20                 (a) the day to day management of ONRSR; and
21                 (b)   carrying out any other function conferred on the chief
22                       executive under this Law, an Act or by ONRSR.
23         (2)   The chief executive must act consistently with the policies determined
24               by ONRSR.

25   38.         Staff
26         (1)   ONRSR may, for the purpose of exercising its functions, employ
27               staff.
28         (2)   The staff of ONRSR are to be employed on the terms and conditions
29               decided by ONRSR from time to time.
30         (3)   Subsection (2) is subject to any relevant industrial award or agreement
31               that applies to the staff.


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1    39.         Secondments to ONRSR
2                ONRSR may make arrangements for the services of a person who is a
3                member of the staff of a government agency of a participating
4                jurisdiction or the Commonwealth to be made available to ONRSR in
5                connection with the exercise of its functions.

6    40.         Consultants and contractors
7          (1)   ONRSR may engage persons with suitable qualifications and
8                experience as consultants or contractors.
9          (2)   The terms and conditions of engagement of consultants or contractors
10               are as decided by ONRSR from time to time.

11                               Division 6 -- Miscellaneous

12   41.         Regulator may be directed to investigate rail safety matter
13         (1)   The responsible Minister for a participating jurisdiction may give a
14               written direction to the Regulator to investigate, or provide advice or
15               information about, a rail safety matter relating to the participating
16               jurisdiction.
17         (2)   A direction may not be given under this section --
18                 (a) that directs the Regulator as to how to conduct an
19                       investigation into a rail safety matter; or
20                 (b)   that directs the Regulator as to which persons the Regulator
21                       may request or direct to provide assistance in investigating a
22                       rail safety matter; or
23                 (c)   about the outcome of any such investigation; or
24                 (d)   that directs the Regulator to stop any such investigation.
25         (3)   The Regulator must cause a direction given under this section to be
26               published in ONRSR's next annual report.

27   42.         National Rail Safety Register
28         (1)   The Regulator must establish and maintain the National Rail Safety
29               Register for the purposes of this Law.




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1    (2)   The Regulator must ensure that the following matters are recorded in
2          the Register --
3            (a)    the accreditation of a rail transport operator under Part 3
4                   Division 4;
5            (b)    the variation, cancellation, suspension or expiry of the
6                   accreditation of a rail transport operator under Part 3
7                   Division 4;
8            (c)    the registration of a rail infrastructure manager of a private
9                   siding under Part 3 Division 5;
10           (d)    the variation, cancellation, suspension or expiry of the
11                  registration of a rail infrastructure manager of a private siding
12                  under Part 3 Division 5;
13           (e)    an exemption from this Law or specified provisions of this
14                  Law conferred on a person and details of the exemption;
15           (f)    a decision to accept a rail safety undertaking and the reasons
16                  for that decision under Part 10 Division 6;
17           (g)    a decision to withdraw or vary a rail safety undertaking under
18                  Part 10 Division 6;
19           (h)    the issuing of an improvement notice to a person;
20            (i)   the variation, cancellation or expiry of an improvement
21                  notice;
22            (j)   the issuing of a prohibition notice to a person;
23           (k)    the variation, cancellation or expiry of a prohibition notice;
24           (l)    the issuing of a non-disturbance notice to a person;
25          (m)     the variation, cancellation or expiry of a non-disturbance
26                  notice;
27           (n)    any other matter that is prescribed in the national regulations
28                  to be included in the Register.
29   (3)   The Register will be kept in the form of a computer record and
30         published on ONRSR's website.
31   (4)   The Register is to be available for inspection, without fee, during
32         ordinary office hours at a public office, or public offices, determined
33         by the Regulator.




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1    43.         Annual report
2          (1)   The Regulator must, on or before 30 September in each year, deliver
3                to the responsible Ministers a report on ONRSR's activities for the
4                financial year ending on the preceding 30 June.
5          (2)   The annual report must include --
6                  (a) information on the development of rail safety (including an
7                       aggregation of statistics of a prescribed class reported to
8                       ONRSR under this Law for the relevant financial year); and
9                  (b) information on any improvements and important changes in
10                      relation to the regulation of rail safety for the relevant
11                      financial year; and
12                 (c)   details of all rail safety issues brought to the attention of
13                       ONRSR during the relevant financial year and the action (if
14                       any) taken in relation to each such issue; and
15                 (d)   if, at the start of the relevant financial year, there are still
16                       outstanding any rail safety issues that previously had been
17                       brought to the attention of ONRSR -- details of the action (if
18                       any) taken in respect of each such issue; and
19                 (e)   details about any significant activity undertaken in each
20                       participating jurisdiction during the relevant financial year
21                       by, or on behalf of, ONRSR; and
22                 (f)   the financial statement in respect of the relevant financial
23                       year; and
24                 (g)   the report on the financial statement made by the public
25                       sector auditor who conducted the audit; and
26                 (h)   any other information required to be included in the report by
27                       another provision under this Law or by the responsible
28                       Ministers.
29         (3)   The financial statement must be --
30                 (a)   prepared in accordance with Australian Accounting
31                       Standards; and
32                 (b)   audited, and reported on, by a public sector auditor.
33         (4)   The responsible Ministers must make arrangements for the tabling of
34               ONRSR's annual report in the Parliament of each participating
35               jurisdiction.

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1          (5)   The responsible Ministers may extend, or further extend, the period
2                for submission of an annual report to the responsible Ministers by a
3                total period of up to 3 months.
4          (6)   As soon as practicable after the annual report has been tabled in at
5                least 1 House of the Parliament of a participating jurisdiction, the
6                Regulator must publish a copy of the report on ONRSR's website.

7    44.         Other reporting requirements
8                The national regulations may require ONRSR to deliver to a
9                prescribed body or person, at prescribed intervals, a report containing
10               prescribed matters.

11   45.         Delegation
12         (1)   ONRSR may delegate to a body or person (including a person for the
13               time being holding or acting in a specified office or position) a
14               function or power of ONRSR under this Law or an Act.
15         (2)   The Regulator may delegate to a body or person (including a person
16               for the time being holding or acting in a specified office or position) a
17               function or power of the Regulator under this Law or an Act.
18         (3)   A function or power delegated under this section may, if the
19               instrument of delegation so provides, be further delegated.

20                          Part 3 -- Regulation of rail safety

21                               Division 1 -- Interpretation

22   46.         Management of risks
23               A duty imposed on a person under this Law to ensure, so far as is
24               reasonably practicable, safety requires the person --
25                 (a) to eliminate risks to safety so far as is reasonably practicable;
26                       and
27                 (b)   if it is not reasonably practicable to eliminate risks to safety,
28                       to minimise those risks so far as is reasonably practicable.




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1    47.         Meaning of reasonably practicable
2                In this Part --
3                reasonably practicable, in relation to a duty to ensure safety, means
4                that which is (or was at a particular time) reasonably able to be done
5                in relation to ensuring safety, taking into account and weighing up all
6                relevant matters, including --
7                  (a)    the likelihood of the hazard or the risk concerned occurring;
8                         and
9                  (b)    the degree of harm that might result from the hazard or the
10                        risk; and
11                 (c)    what the person concerned knows, or ought reasonably to
12                        know, about --
13                          (i) the hazard or the risk; and
14                         (ii)    ways of eliminating or minimising the risk;
15                        and
16                 (d)    the availability and suitability of ways to eliminate or
17                        minimise the risk; and
18                 (e)    after assessing the extent of the risk and the available ways of
19                        eliminating or minimising the risk -- the cost associated with
20                        available ways of eliminating or minimising the risk
21                        (including whether the cost is grossly disproportionate to the
22                        risk).

23         Division 2 -- Occupational health and safety and railway operations

24   48.         Relationship between this Law and OHS legislation
25         (1)   If a provision of the occupational health and safety legislation applies
26               to railway operations, that provision continues to apply, and must be
27               observed, in addition to this Law.
28         (2)   If a provision of this Law is inconsistent with a provision of the
29               occupational health and safety legislation, the provision of the
30               occupational health and safety legislation prevails to the extent of any
31               inconsistency.
32               Note: For example, if a provision of this Law deals with a certain matter and
33                     a provision of the occupational health and safety legislation deals with
34                     the same matter and it is impossible to comply with both provisions, a


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1                        person must comply with the occupational health and safety legislation
2                        and not with this Law. If provisions of both this Law and the
3                        occupational health and safety legislation deal with the same matter
4                        but it is possible to comply with both provisions, a person must comply
5                        with both.

6          (3)   Compliance with this Law or with any requirement imposed under
7                this Law is not in itself a defence in any proceedings for an offence
8                against the occupational health and safety legislation.
9          (4)   Evidence of a relevant contravention of this Law is admissible in any
10               proceedings for an offence against the occupational health and safety
11               legislation.

12   49.         No double jeopardy
13               Where an act or omission constitutes an offence --
14                (a) under this Law; and
15                 (b)     under the occupational health and safety legislation,
16               the offender is not liable to be punished twice in respect of the
17               offence.

18                               Division 3 -- Rail safety duties
19                                 Subdivision 1 -- Principles

20   50.         Principles of shared responsibility, accountability, integrated risk
21               management, etc
22         (1)   Rail safety is the shared responsibility of --
23                 (a) rail transport operators; and
24                 (b)     rail safety workers; and
25                 (c)     other persons who --
26                            (i) design, commission, construct, manufacture, supply,
27                                 install, erect, maintain, repair, modify or
28                                 decommission rail infrastructure or rolling stock; or
29                           (ii) supply rail infrastructure operations or rolling stock
30                                 operations to rail operators; or




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1                         (iii)   in relation to the transport of freight by railway --
2                                 load or unload freight on or from rolling stock;
3                        and
4                  (d)   the Regulator; and
5                  (e)   ONRSR; and
6                  (f)   the public.
7          (2)   The level and nature of responsibility that a person referred to in
8                subsection (1), or falling within a class of person referred to in that
9                subsection, has for rail safety is dependent on the nature of the risk to
10               rail safety that the person creates from the carrying out of an activity
11               (or the making of a decision) and the capacity that person has to
12               control, eliminate or mitigate those risks.
13         (3)   The persons and classes of persons referred to in subsection (1)
14               should --
15                 (a) participate in or be able to participate in; and
16                 (b)   be consulted on; and
17                 (c)   be involved in the formulation and implementation of,
18               measures to manage risks to safety associated with railway operations.
19         (4)   Managing risks associated with the carrying out of rail infrastructure
20               operations or rolling stock operations is the responsibility of the
21               person best able to control those risks.
22         (5)   If approaches to managing risks associated with any particular railway
23               have potential impacts on any other railway or a railway network of
24               which the railway is a part, the best practicable rail safety outcome
25               should be sought.

26   51.         Principles applying to rail safety duties
27         (1)   A duty under this Law cannot be transferred to another person.
28         (2)   A person can have more than 1 duty under this Law by virtue of being
29               in more than 1 class of duty holder.
30         (3)   More than 1 person can concurrently have the same duty under this
31               Law and each duty holder must comply with that duty to the standard
32               required by this Law even if another duty holder has the same duty.


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1          (4)   If more than 1 person has a duty for the same matter, each person --
2                   (a) retains responsibility for the person's duty in relation to the
3                        matter; and
4                  (b)   must discharge the person's duty to the extent to which the
5                        person has the capacity to influence and control the matter (or
6                        would have had that capacity but for an agreement or
7                        arrangement purporting to limit or remove that capacity).
8                                  Subdivision 2 -- Duties

9    52.         Duties of rail transport operators
10         (1)   A rail transport operator must ensure, so far as is reasonably
11               practicable, the safety of the operator's railway operations.
12         (2)   Without limiting subsection (1), a rail transport operator must ensure,
13               so far as is reasonably practicable --
14                 (a)   that safe systems for the carrying out of the operator's
15                       railway operations are developed and implemented; and
16                 (b)   that each rail safety worker who is to perform rail safety work
17                       in relation to the operator's railway operations --
18                          (i) is of sufficient good health and fitness to carry out
19                                that work safely; and
20                         (ii) is competent to undertake that work;
21                       and
22                 (c)   that rail safety workers do not carry out rail safety work in
23                       relation to the operator's railway operations, and are not on
24                       duty, while impaired by alcohol or a drug; and
25                 (d)   that rail safety workers who perform rail safety work in
26                       relation to the operator's railway operations do not carry out
27                       rail safety work while impaired by fatigue or if they may
28                       become so impaired; and
29                 (e)   the provision of adequate facilities for the safety of persons at
30                       any railway premises under the control or management of the
31                       operator; and
32                 (f)   the provision of --
33                         (i) such information and instruction to, and training and
34                               supervision of, rail safety workers as is necessary to


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1                               enable those workers to perform rail safety work in
2                               relation to the operator's railway operations in a way
3                               that is safe; and
4                        (ii)   such information to rail transport operators and other
5                               persons on railway premises under the control or
6                               management of the operator as is necessary to enable
7                               those persons to ensure their safety.
8       (3)    Without limiting subsection (1), a rail infrastructure manager must
9              ensure, so far as is reasonably practicable --
10               (a)   the provision or maintenance of rail infrastructure that is safe;
11                     and
12               (b)   that any design, construction, commissioning, use,
13                     installation, modification, maintenance, repair or
14                     decommissioning of the manager's rail infrastructure is done
15                     or carried out in a way that ensures the safety of railway
16                     operations; and
17               (c)   that systems and procedures for the scheduling, control and
18                     monitoring of railway operations are established and
19                     maintained so as to ensure the safety of the manager's
20                     railway operations; and
21               (d)   that communications systems and procedures are established
22                     and maintained so as to ensure the safety of the manager's
23                     railway operations.
24      (4)    Without limiting subsection (1), a rolling stock operator must ensure,
25             so far as is reasonably practicable --
26               (a) the provision or maintenance of rolling stock that is safe; and
27               (b)   that any design, construction, commissioning, use,
28                     modification, maintenance, repair or decommissioning of the
29                     operator's rolling stock is done or carried out in a way that
30                     ensures safety; and
31               (c)   compliance with the rules and procedures for the scheduling,
32                     control and monitoring of rolling stock that have been
33                     established by a rail infrastructure manager in relation to the
34                     use of the manager's rail infrastructure by the rolling stock
35                     operator; and




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1                  (d)   that equipment, procedures and systems are established and
2                        maintained so as to minimise risks to the safety of the
3                        operator's railway operations; and
4                  (e)   that arrangements are made for ensuring safety in connection
5                        with the use, operation and maintenance of the operator's
6                        rolling stock; and
7                  (f)   that communications systems and procedures are established
8                        and maintained so as to ensure the safety of the operator's
9                        railway operations.
10         (5)   This section applies to a person (other than a rail transport operator)
11               who carries out railway operations in the same way as it applies to a
12               rail transport operator, but does not apply if the person carries out
13               those operations as a rail safety worker or an employee.

14   53.         Duties of designers, manufacturers, suppliers etc
15         (1)   A person --
16                 (a) who designs, commissions, manufactures, supplies, installs or
17                      erects any thing; and
18                 (b) who knows, or ought reasonably to know, that the thing is to
19                      be used as or in connection with rail infrastructure or rolling
20                      stock,
21               must --
22                (c) ensure, so far as is reasonably practicable, that the thing is
23                      safe if it is used for a purpose for which it was designed,
24                      commissioned, manufactured, supplied, installed or erected;
25                      and
26                 (d)   ensure, so far as is reasonably practicable, that such testing
27                       and examination of the thing as may be necessary for
28                       compliance with this section is carried out; and
29                 (e)   take such action as is necessary to ensure, so far as is
30                       reasonably practicable, that there will be available in
31                       connection with the use of the thing adequate information
32                       about --
33                          (i)   the use for which the thing was designed,
34                                commissioned, manufactured, supplied, installed or
35                                erected; and


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1                          (ii)   the results of any testing or examination referred to in
2                                 paragraph (d); and
3                         (iii)   any conditions necessary to ensure, so far as is
4                                 reasonably practicable, that the thing is safe if it is
5                                 used for a purpose for which it was designed,
6                                 commissioned, manufactured, supplied, installed or
7                                 erected.
8          (2)   For the purposes of subsection (1), if the person who supplies the
9                thing --
10                 (a)   carries on the business of financing the acquisition of the
11                       thing by customers; and
12                 (b)   has, in the course of that business, acquired an interest in the
13                       thing solely for the purpose of financing its acquisition by a
14                       customer from a third person or its provision to a customer by
15                       a third person; and
16                 (c)   has not taken possession of the thing or has taken possession
17                       of it solely for the purpose of passing possession to that
18                       customer,
19               the reference in that subsection to the person who supplies that thing
20               is instead taken to be a reference to the third person.
21         (3)   A person who decommissions any rail infrastructure or rolling stock
22               must ensure, so far as is reasonably practicable --
23                 (a) that the decommissioning is carried out safely; and
24                 (b)   such testing and examination as may be necessary for
25                       compliance with this section is carried out.

26   54.         Duties of persons loading or unloading freight
27               A person who loads or unloads freight on or from rolling stock in
28               relation to the transport of the freight by railway must ensure, so far as
29               is reasonably practicable, that the loading or unloading is carried out
30               safely and so as to ensure the safe operation of the rolling stock.

31   55.         Duty of officers to exercise due diligence
32         (1)   If a person has a duty or obligation under this Law, an officer of the
33               person must exercise due diligence to ensure that the person complies
34               with that duty or obligation.

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1          (2)   An officer of a person referred to in subsection (1) may be convicted
2                or found guilty of an offence under this Law relating to a duty under
3                this section whether or not the person has been convicted or found
4                guilty of an offence under this Law relating to the duty or obligation.
5          (3)   In this section --
6                due diligence includes taking reasonable steps --
7                  (a)   to acquire and keep up-to-date knowledge of rail safety
8                        matters; and
9                  (b)   to gain an understanding of the nature of the railway
10                       operations of the person and, generally, of the risks associated
11                       with those operations; and
12                 (c)   to ensure that the person has available for use, and uses,
13                       appropriate resources and processes to eliminate or minimise
14                       risks to safety from the railway operations of the person; and
15                 (d)   to ensure that the person has appropriate processes for
16                       receiving and considering information regarding incidents
17                       and risks and responding in a timely way to that information;
18                       and
19                 (e)   to ensure that the person has, and implements, processes for
20                       complying with any duty or obligation of the person under
21                       this Law; and
22                 (f)   to verify the provision and use of the resources and processes
23                       referred to in paragraphs (c) to (e).

24   56.         Duties of rail safety workers
25         (1)   A rail safety worker must, when carrying out rail safety work --
26                 (a) take reasonable care for his or her own safety; and
27                 (b) take reasonable care that his or her acts or omissions do not
28                        adversely affect the safety of other persons; and
29                 (c)   comply, so far as the worker is reasonably able, with any
30                       reasonable instruction given by the rail transport operator to
31                       allow the operator to comply with this Law.




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1          (2)   A rail safety worker must not, when carrying out rail safety work,
2                intentionally or recklessly interfere with or misuse anything provided
3                to the worker by the rail transport operator --
4                   (a) in the interests of safety; or
5                  (b)   under this Law.
6          (3)   A rail safety worker must not, when carrying out rail safety work,
7                wilfully or recklessly place the safety of another person on or in the
8                immediate vicinity of rail infrastructure at risk.
9          (4)   For the purposes of subsection (1)(a) or (b), in determining whether a
10               rail safety worker failed to take reasonable care, regard must be had as
11               to what the worker knew about the relevant circumstances.
12                        Subdivision 3 -- Offences and penalties

13   57.         Meaning of safety duty
14               In this Subdivision --
15               safety duty means a duty imposed under Subdivision 2.

16   58.         Failure to comply with safety duty -- reckless conduct --
17               Category 1
18         (1)   A person commits a Category 1 offence if --
19                 (a) the person has a safety duty; and
20                 (b)   the person, without reasonable excuse, engages in conduct
21                       that exposes an individual to whom that duty is owed to a risk
22                       of death or serious injury or illness; and
23                 (c)   the person is reckless as to the risk to an individual of death
24                       or serious injury or illness.
25               Maximum penalty:
26                   (a) in the case of an individual -- $300 000 or imprisonment
27                       for 5 years, or both;
28                   (b) in the case of a body corporate -- $3 000 000.
29         (2)   The prosecution bears the burden of proving that the conduct was
30               engaged in without reasonable excuse.




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1    59.          Failure to comply with safety duty -- Category 2
2                 A person commits a Category 2 offence if --
3                   (a)     the person has a safety duty; and
4                   (b)     the person fails to comply with that duty; and
5                   (c)         the failure exposes an individual to a risk of death or serious
6                               injury or illness.
7                 Maximum penalty:
8                         (a)      in the case of an individual -- $150 000;
9                         (b)      in the case of a body corporate -- $1 500 000.

10   60.          Failure to comply with safety duty -- Category 3
11                A person commits a Category 3 offence if --
12                  (a)         the person has a safety duty; and
13                  (b)     the person fails to comply with that duty.
14                Maximum penalty:
15                        (a)      in the case of an individual -- $50 000;
16                        (b)      in the case of a body corporate -- $500 000.

17                                     Division 4 -- Accreditation
18               Subdivision 1 -- Purpose and requirement for accreditation

19   61.          Purpose of accreditation
20                The purpose of accreditation of a rail transport operator in respect of
21                railway operations is to attest that the rail transport operator has
22                demonstrated to the Regulator the competence and capacity to
23                manage risks to safety associated with those railway operations.

24   62.          Accreditation required for railway operations
25         (1)    A person must not carry out any railway operations unless the
26                person --
27                  (a)     is a rail transport operator who --
28                             (i) is accredited under this Part in respect of those
29                                    operations; or


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1                              (ii)   is exempt under this Law from compliance with this
2                                     section in respect of those operations;
3                          or
4                  (b)     is carrying out those operations for or on behalf of --
5                               (i)   a rail transport operator who is accredited under this
6                                     Part in respect of those operations; or
7                              (ii)   a rail transport operator who is exempt under this
8                                     Law from compliance with this section in respect of
9                                     those operations;
10                         or
11                 (c) is exempt under this Law from compliance with this section
12                     in respect of those operations.
13               Maximum penalty:
14                       (a)    in the case of an individual -- $150 000;
15                       (b)    in the case of a body corporate -- $1 500 000.
16               Note: If a body corporate and related bodies corporate are involved, an
17                     exemption may be given so that only 1 of the bodies need be
18                     accredited (related body corporate meaning related by virtue of
19                     section 50 of the Corporations Act 2001 of the Commonwealth).

20         (2)   Subsection (1) does not apply to a rail safety worker, not being a rail
21               transport operator, carrying out rail safety work for or on behalf of a
22               rail transport operator who --
23                 (a)     is accredited under this Part; or
24                 (b)     is exempt under this Law from compliance with this section,
25               in relation to that rail safety work.

26   63.         Purposes for which accreditation may be granted
27         (1)   Accreditation may be granted to a rail transport operator for any 1 or
28               more of the following purposes --
29                 (a)     for the carrying out of railway operations for the part or parts
30                         of a railway specified in the accreditation, or for a part or
31                         parts having the scope or characteristics so specified;
32                 (b)     for any service or aspect, or part of a service or aspect, of
33                         railway operations specified in the accreditation;


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1                  (c)   for specified railway operations to permit any 1 or more of
2                        the following --
3                           (i)   construction of rail infrastructure;
4                          (ii)   restoration or repair work;
5                         (iii)   testing of railway tracks or other infrastructure;
6                         (iv)    other activities relating to railway operations
7                                 considered appropriate by the Regulator and specified
8                                 in the accreditation.
9          (2)   Accreditation may be granted for railway operations carried out, or
10               proposed to be carried out, in 1 or more jurisdictions by a rail
11               transport operator.
12         (3)   If the applicant so requests, accreditation may be granted for a
13               specified period only.
14                Subdivision 2 -- Procedures for granting accreditation

15   64.         Application for accreditation
16         (1)   A rail transport operator may apply to the Regulator for accreditation
17               in respect of specified railway operations carried out, or proposed to
18               be carried out, by or on behalf of that operator.
19         (2)   An application must be made in the manner and form approved by the
20               Regulator and --
21                 (a)   must specify the scope and nature of the railway operations in
22                       respect of which accreditation is sought; and
23                 (b)   must include a description of the safety management system
24                       (including a description of the measures to be taken to
25                       manage identified risks) relating to those railway operations;
26                       and
27                 (c)   must contain the prescribed information; and
28                 (d)   must be accompanied by the prescribed application fee.
29         (3)   The Regulator may require a rail transport operator who has applied
30               for accreditation --
31                 (a)   to supply further information requested by the Regulator; and
32                 (b)   to verify by statutory declaration any information supplied to
33                       the Regulator.

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1    65.         What applicant must demonstrate
2                The Regulator must not grant accreditation to an applicant unless
3                satisfied that the applicant has demonstrated --
4                  (a)   that the applicant is, or is to be, a rail infrastructure manager
5                        or rolling stock operator in respect of the railway operations
6                        for which accreditation is sought; and
7                  (b)   that the applicant has the competence and capacity to manage
8                        risks to safety associated with the railway operations for
9                        which accreditation is sought; and
10                 (c)   that the applicant --
11                         (i)    has the competence and capacity to implement the
12                                proposed safety management system; and
13                         (ii)   has the financial capacity, or has public risk insurance
14                                arrangements, to meet reasonable potential accident
15                                liabilities arising from the railway operations; and
16                        (iii)   has met the consultation requirements set out in
17                                Division 6 in relation to the applicant's safety
18                                management system; and
19                        (iv)    has complied with the requirements prescribed by the
20                                national regulations (if any) for the purposes of this
21                                section.

22   66.         Regulator may direct applicants to coordinate applications
23         (1)   If the Regulator --
24                  (a) receives applications from 2 or more rail transport operators
25                        for accreditation; and
26                  (b) believes that coordinated preparation of the applications is
27                        necessary to ensure railway operations of the applicants are
28                        carried out safely,
29               the Regulator may give a direction in writing to each of the applicants
30               to coordinate their applications (a coordination direction).
31         (2)   A coordination direction --
32                 (a)   may be given to rail transport operators carrying out, or
33                       proposing to carry out, railway operations in different
34                       jurisdictions; and


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1                  (b)     may require each rail transport operator subject to the
2                          direction to provide to each other rail transport operator
3                          subject to the direction information concerning any
4                          circumstances in relation to the carrying out of railway
5                          operations by the first-mentioned operator that could
6                          constitute a risk to safety in relation to the carrying out of
7                          railway operations by another operator subject to the
8                          direction.
9          (3)   A rail transport operator to whom a coordination direction has been
10               given under this section must comply with the direction.
11               Maximum penalty:
12                       (a)      in the case of an individual -- $5 000;
13                       (b)      in the case of a body corporate -- $25 000.
14         (4)   A rail transport operator who has coordinated the preparation of an
15               application with other rail transport operators in accordance with a
16               coordination direction under this section must include in the
17               application reference to --
18                 (a) information given by the operator to each other operator
19                        subject to the direction; and
20                 (b) information given to the operator by each other operator
21                        subject to the direction.
22               Maximum penalty:
23                   (a) in the case of an individual -- $5 000;
24                       (b)      in the case of a body corporate -- $25 000.

25   67.         Determination of application
26         (1)   Subject to this section, the Regulator must, within the relevant
27               period --
28                 (a)         if the Regulator is satisfied as to the matters referred to in
29                             section 65 and (if applicable) section 66 -- notify the
30                             applicant that accreditation has been granted, with or without
31                             conditions or restrictions; or
32                 (b)     if the Regulator is not so satisfied -- notify the applicant that
33                         the application has been refused.



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1       (2)    Accreditation under this Law is subject to --
2               (a) any conditions or restrictions prescribed by the national
3                      regulations for the purposes of this section that are applicable
4                      to the accreditation; and
5               (b) any other condition or restriction imposed on the
6                      accreditation by the Regulator.
7       (3)    Before imposing a condition or restriction on the accreditation of an
8              applicant, the Regulator must, if the imposition of the intended
9              condition or restriction is likely to result in significant costs or
10             expenses to the applicant or any other person --
11               (a)   conduct or cause to be conducted a cost-benefit analysis of
12                     the effect of imposing the intended condition or restriction on
13                     the accreditation; and
14               (b)   consult with the Premier or Chief Minister, the Treasurer, and
15                     any other Minister, of a participating jurisdiction whose area
16                     of responsibility is likely to be affected by the imposition of
17                     the intended condition or restriction on the accreditation.
18      (4)    Notification under this section --
19              (a) must be in writing and given to the applicant; and
20               (b)   if accreditation has been granted, must specify --
21                        (i)   the prescribed details of the applicant; and
22                       (ii)   the scope and nature of the railway operations, and
23                              the manner in which they are to be carried out, in
24                              respect of which the accreditation is granted; and
25                      (iii)   any condition or restriction imposed by the Regulator
26                              under this section on the grant of accreditation; and
27                      (iv)    any other prescribed information;
28                     and
29               (c)   if a condition or restriction has been imposed on the
30                     accreditation, must include --
31                        (i)   the reasons for imposing the condition or restriction,
32                              including (if applicable) the results of any
33                              cost-benefit analysis carried out under this section;
34                              and



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1                         (ii)    information about the right of review under Part 7;
2                        and
3                  (d)   if the application has been refused, must include --
4                           (i)   the reasons for the decision to refuse to grant the
5                                 application; and
6                          (ii)   information about the right of review under Part 7;
7                        and
8                  (e)   if the relevant period in relation to the application has been
9                        extended, must include information about the right of review
10                       under Part 7.
11         (5)   In this section --
12               relevant period, in relation to an application, means --
13                 (a)   6 months after the application was received by the Regulator;
14                       or
15                 (b)   if the Regulator requested further information, 6 months, or
16                       such other period, as is agreed between the Regulator and the
17                       applicant, after the Regulator receives the last information so
18                       requested; or
19                 (c)   if the Regulator, by written notice given to the applicant
20                       before the expiry of the relevant 6 months, specifies another
21                       period, that period,
22               whichever is the longer.
23                       Subdivision 3 -- Variation of accreditation

24   68.         Application for variation of accreditation
25         (1)   An accredited person may, at any time, apply to the Regulator for
26               variation of the accreditation.
27         (2)   An accredited person must apply to the Regulator for variation of the
28               accreditation if --
29                 (a)   the applicant proposes to vary the scope and nature of the
30                       railway operations in respect of which the applicant is
31                       accredited; or




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1                  (b)   the applicant no longer has the competence or capacity to
2                        manage risks to safety associated with the railway operations
3                        in respect of which the applicant is accredited; or
4                  (c)   any other variation is proposed in respect of the railway
5                        operations in respect of which the applicant is accredited that
6                        should be reflected in the accreditation.
7          (3)   An application for variation must be made in the manner and form
8                approved by the Regulator and --
9                  (a)   must specify the details of the variation being sought; and
10                 (b)   must contain the prescribed information; and
11                 (c)   must be accompanied by the prescribed application fee.
12         (4)   The Regulator may require an accredited person who has applied for a
13               variation --
14                 (a)   to supply further information requested by the Regulator; and
15                 (b)   to verify by statutory declaration any information supplied to
16                       the Regulator.
17         (5)   Section 66 applies to an application for variation as if a reference in
18               that section to accreditation were a reference to variation of
19               accreditation.

20   69.         Determination of application for variation
21         (1)   Subject to this section, the Regulator must, within the relevant
22               period --
23                 (a) if the Regulator is satisfied as to the matters referred to in
24                       sections 65 and 66 (so far as they are applicable to the
25                       proposed variation) -- notify the applicant that the
26                       accreditation has been varied, with or without conditions or
27                       restrictions; or
28                 (b)   if the Regulator is not so satisfied -- notify the applicant that
29                       the application has been refused.
30         (2)   Notification under this section --
31                (a) must be in writing and given to the applicant; and
32                 (b)   if the accreditation has been varied, must specify --
33                          (i) the prescribed details of the applicant; and


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1                    (ii)   the variation to the accreditation so far as it applies to
2                           the scope and nature of the railway operations, or the
3                           manner in which they are to be carried out; and
4                   (iii)   any conditions and restrictions imposed by the
5                           Regulator on the accreditation as varied; and
6                   (iv)    any other prescribed information;
7                  and
8            (c)   if a condition or restriction has been imposed on the
9                  accreditation as varied, must include --
10                   (i)    the reasons for imposing the condition or restriction;
11                          and
12                   (ii)   information about the right of review under Part 7;
13                 and
14           (d)   if the application to vary an accreditation has been refused,
15                 must include --
16                   (i)    the reasons for the decision to refuse to grant the
17                          application; and
18                   (ii)   information about the right of review under Part 7;
19                 and
20           (e)   if the relevant period in relation to an application has been
21                 extended, must include information about the right of review
22                 under Part 7.
23   (3)   In this section --
24         relevant period, in relation to an application, means --
25           (a)   6 months after the application was received by the Regulator;
26                 or
27           (b)   if the Regulator requested further information, 6 months, or
28                 such other period, as is agreed between the Regulator and the
29                 applicant, after the Regulator receives the last information so
30                 requested; or
31           (c)   if the Regulator, by written notice given to the applicant
32                 before the expiry of the relevant 6 months, specifies another
33                 period, that period,
34         whichever is the longer.


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1    70.         Prescribed conditions and restrictions
2                The accreditation of a person that is varied under this Part is subject to
3                any conditions or restrictions prescribed by the national regulations
4                that are applicable to the accreditation as varied.

5    71.         Variation of conditions and restrictions
6          (1)   An accredited person may, at any time, apply to the Regulator for a
7                variation of a condition or restriction imposed by the Regulator to
8                which the accreditation is subject.
9          (2)   An application for variation of a condition or restriction must be made
10               as if it were an application for variation of accreditation (and
11               section 68 applies accordingly).
12         (3)   The Regulator must consider the application and, if satisfied as to the
13               matters referred to in sections 65 and 66 (so far as they are applicable
14               to the proposed variation), notify the accredited person in accordance
15               with the provisions of this Division applicable to a grant of
16               accreditation (so far as is practicable) that the variation has been
17               granted or refused.
18         (4)   Notification under subsection (3) that a variation has been refused
19               must include the reasons for the decision to refuse to grant the
20               variation and information about the right of review under Part 7.

21   72.         Regulator may make changes to conditions or restrictions
22         (1)   The Regulator may, subject to this section, at any time, vary or revoke
23               a condition or restriction imposed by the Regulator to which the
24               accreditation of an accredited person is subject or impose a new
25               condition or restriction.
26         (2)   Before taking action under this section, the Regulator must --
27                 (a)   give the accredited person written notice of the action that the
28                       Regulator proposes to take; and
29                 (b)   allow the accredited person to make written representations
30                       about the intended action within 28 days (or any other period
31                       that the Regulator and the accredited person agree on); and
32                 (c)   consider any representations made under paragraph (b) and
33                       not withdrawn; and


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1                  (d)   if the intended action is likely to result in significant costs or
2                        expenses to the accredited person or any other person --
3                           (i)   conduct or cause to be conducted a cost-benefit
4                                 analysis of the effect of the intended action; and
5                          (ii)   consult with the Premier or Chief Minister, the
6                                 Treasurer, and any other Minister, of a participating
7                                 jurisdiction whose area of responsibility is likely to
8                                 be affected by the intended action.
9          (3)   Subsection (2)(d) does not apply if the Regulator considers it
10               necessary to take immediate action in the interests of safety but, if the
11               action is likely to result in significant costs or expenses to the
12               accredited person or any other person, the Regulator must, as soon as
13               practicable after taking the action --
14                 (a)   conduct or cause to be conducted a cost-benefit analysis of
15                       the effect of the action; and
16                 (b)   consult with the Premier or Chief Minister, the Treasurer, and
17                       any other Minister, of a participating jurisdiction whose area
18                       of responsibility is likely to be affected by the action.
19         (4)   The Regulator must, by written notice given to the accredited person,
20               provide --
21                 (a)   details of any action taken under this section; and
22                 (b)   a statement of reasons for any action taken under this section,
23                       including (if applicable) the results of any cost-benefit
24                       analysis carried out; and
25                 (c)   information about the right of review under Part 7.
26     Subdivision 4 -- Revocation, suspension or surrender of accreditation

27   73.         Revocation or suspension of accreditation
28         (1)   This section applies in respect of an accredited person if --
29                 (a) the Regulator considers that the accredited person --
30                          (i)   is no longer able to demonstrate to the satisfaction of
31                                the Regulator the matters referred to in section 65 or
32                                to satisfy the conditions, or to comply with the
33                                restrictions, of the accreditation; or



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1                        (ii)   is not managing the rail infrastructure, or is not
2                               operating rolling stock in relation to any rail
3                               infrastructure, to which the accreditation relates and
4                               has not done so for at least the preceding 12 months;
5                      or
6                (b)   the accredited person contravenes this Law.
7       (2)    The Regulator may --
8                (a) suspend the accreditation, or part of the accreditation, of the
9                     accredited person for a period determined by the Regulator;
10                    or
11               (b)   revoke the accreditation of the accredited person, wholly or in
12                     part, or in respect of particular railway operations specified in
13                     the notice, with immediate effect or with effect from a
14                     specified future date; or
15               (c)   impose conditions or restrictions on the accreditation; or
16               (d)   vary conditions or restrictions to which the accreditation is
17                     subject,
18             and, if the Regulator revokes the accreditation, the Regulator may
19             declare that the accredited person is disqualified from applying for
20             accreditation, or for accreditation in respect of specified railway
21             operations, during a specified period.
22      (3)    Before making a decision under subsection (2), the Regulator --
23               (a) must notify the person in writing --
24                        (i)   that the Regulator is considering making a decision
25                              under subsection (2) of the kind, and for the reasons,
26                              specified in the notice; and
27                       (ii)   that the person may, within 28 days or such longer
28                              period as is specified in the notice, make written
29                              representations to the Regulator showing cause why
30                              the decision should not be made;
31                     and
32               (b)   must consider any representations made under
33                     paragraph (a)(ii) and not withdrawn.
34      (4)    If the Regulator suspends or revokes the accreditation of the
35             accredited person, wholly or in part, or in respect of specified railway

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1         operations, the Regulator must include in the notice of suspension or
2         revocation the reasons for the suspension or revocation and
3         information about the right of review under Part 7.
4   (5)   The Regulator may withdraw a suspension of the accreditation of a
5         person by written notice given to the person.




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1    74.         Immediate suspension of accreditation
2          (1)   If the Regulator considers that there is, or would be, an immediate and
3                serious risk to safety unless an accreditation is suspended
4                immediately, the Regulator may, without complying with
5                section 73(3) or (4), by written notice given to the accredited person,
6                immediately suspend the accreditation of the person --
7                  (a)   wholly or in part, or in respect of particular railway
8                        operations specified in the notice; and
9                  (b)   for a specified period, not exceeding 6 weeks.
10         (2)   The Regulator may, by written notice given to a person whose
11               accreditation is suspended, wholly or in part, or in respect of
12               particular railway operations --
13                 (a)   reduce the period of suspension specified in a notice under
14                       subsection (1); or
15                 (b)   extend the period of suspension specified in a notice under
16                       subsection (1) but not so that the suspension continues for
17                       more than 6 weeks after the date of the notice under that
18                       subsection.
19         (3)   The Regulator may withdraw a suspension of the accreditation of a
20               person by written notice given to the person.
21         (4)   Before making a decision under subsection (2)(b) to extend a period
22               of suspension, the Regulator --
23                 (a)   must notify the person in writing --
24                        (i) that the Regulator is considering extending the period
25                              of suspension for the reasons specified in the notice;
26                              and
27                         (ii)   that the person may, within 7 days or such longer
28                                period as is specified in the notification, make written
29                                representations to the Regulator showing cause why
30                                the suspension should not be extended;
31                       and
32                 (b)   must consider any representations made under
33                       paragraph (a)(ii) and not withdrawn.



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1          (5)   If the Regulator extends the suspension of the person, the Regulator
2                must notify the person in writing that the suspension is being
3                extended and include in the notice the reasons for the extension and
4                information about the right of review under Part 7.

5    75.         Surrender of accreditation
6          (1)   Accreditation may only be surrendered in accordance with this
7                section.
8          (2)   If an accredited person intends to surrender accreditation, the
9                accredited person must --
10                 (a)   give the Regulator written notice of the intention to surrender
11                       the accreditation; and
12                 (b)   provide the Regulator with details as to the arrangements
13                       proposed in relation to the cessation of the person's railway
14                       operations.
15         (3)   If the Regulator is satisfied as to the arrangements proposed in
16               relation to the cessation of the accredited person's railway operations,
17               the Regulator must, as soon as reasonably practicable, by written
18               notice given to the person, inform the person that the person's
19               accreditation may be surrendered in accordance with the proposed
20               arrangements on the date specified in the notice.
21         (4)   If the Regulator is not satisfied as to the arrangements proposed in
22               relation to the cessation of the accredited person's railway operations,
23               the Regulator must, as soon as reasonably practicable, by written
24               notice given to the person, inform the person --
25                 (a)   that the Regulator is not satisfied as to the proposed
26                       arrangements; and
27                 (b)   of the reasons for the Regulator's dissatisfaction; and
28                 (c)   that the person's accreditation may not be surrendered until
29                       the Regulator is satisfied as to the proposed arrangements.
30                             Subdivision 5 -- Miscellaneous

31   76.         Annual fees
32         (1)   An accredited person must pay the annual fee prescribed by the
33               national regulations.


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1          (2)   The annual fee must be paid by an accredited person at the time
2                accreditation is granted and thereafter on an annual basis on or before
3                the prescribed date.
4          (3)   However, the Regulator may accept payment of an annual fee in
5                accordance with an agreement (that provides, for example, for the
6                payment of fees by instalments) made with the person who is liable to
7                pay the fee.
8          (4)   The national regulations may --
9                  (a) fix different fees for different kinds of accreditations; and
10                 (b) fix various methods for the calculation of various fees; and
11                 (c)         fix fees which may be differential, varying according to any
12                             factor determined by the Regulator; and
13                 (d)     impose additional fees for the late payment of fees under this
14                         section.

15   77.         Waiver of fees
16               The Regulator may waive, or refund, the whole or part of any fee
17               payable under this Division.

18   78.         Penalty for breach of condition or restriction
19               An accredited person must not contravene a condition or restriction of
20               accreditation applying under this Part.
21               Maximum penalty:
22                   (a) in the case of an individual -- $150 000;
23                       (b)      in the case of a body corporate -- $1 500 000.

24   79.         Accreditation cannot be transferred or assigned
25         (1)   An accreditation --
26                (a) is personal to the person who holds it; and
27                 (b)     is not capable of being transferred or assigned to any other
28                         person or otherwise dealt with by the person who holds it;
29                         and
30                 (c)         does not vest by operation of law in any other person.



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1          (2)   A purported transfer or assignment of an accreditation or any other
2                purported dealing with an accreditation by the person who holds it is
3                of no effect.
4          (3)   This section has effect despite anything in this Law, an Act or a rule
5                of law to the contrary.

6    80.         Sale or transfer of railway operations by accredited person
7          (1)   If an accredited person proposes to sell or otherwise transfer any
8                railway operations for which the person is accredited, the Regulator
9                may, on an application for accreditation being made by the proposed
10               transferee, waive compliance by the proposed transferee with any 1 or
11               more of the requirements of this Part.
12         (2)   However, the Regulator must not waive compliance with any such
13               requirements unless the proposed transferee demonstrates, to the
14               satisfaction of the Regulator, that the proposed transferee has the
15               competence and capacity to comply with the relevant requirements of
16               this Part that apply to applicants for accreditation of the appropriate
17               kind.
18         (3)   A waiver of compliance with requirements may be given subject to
19               such conditions and restrictions (if any) as appear to the Regulator to
20               be necessary.

21   81.         Keeping and making available records for public inspection
22         (1)   A person must ensure that --
23                 (a)   if the person is an accredited person or has an exemption
24                       under this Law -- the current notice of accreditation or
25                       exemption; and
26                 (b)   any other document prescribed by the national regulations for
27                       the purposes of this section,
28               are available for inspection --
29                 (c)   if the person is a body corporate -- at the person's registered
30                       office during ordinary business hours;
31                 (d)   if the person is not a body corporate -- at the person's
32                       principal place of business during ordinary business hours



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1                              (or, if the Regulator approves another place and time, at that
2                              place and time).
3                  Maximum penalty:
4                        (a)      in the case of an individual -- $5 000;
5                       (b)       in the case of a body corporate -- $25 000.
6          (2)     A person who is required under subsection (1) to make available
7                  documents for inspection must maintain a register of those documents
8                  for inspection.
9                  Maximum penalty:
10                       (a)      in the case of an individual -- $5 000;
11                      (b)       in the case of a body corporate -- $25 000.

12   Division 5 -- Registration of rail infrastructure managers of private sidings
13               Subdivision 1 -- Exemptions relating to certain private sidings

14   82.           Exemption from accreditation in respect of certain private sidings
15         (1)     A rail infrastructure manager of a private siding is not required to be
16                 accredited under this Part in respect of railway operations (other than
17                 those involving the operation of rolling stock) carried out in the
18                 private siding.
19         (2)     Subject to section 83(2), a rail infrastructure manager of a private
20                 siding is not required to comply with Division 6, Division 7 or
21                 Division 8 of this Part in relation to the private siding in respect of
22                 railway operations (other than those involving the operation of rolling
23                 stock) carried out in the private siding.

24   83.           Requirement for managers of certain private sidings to be
25                 registered
26         (1)     A rail infrastructure manager of a private siding that is to be (or
27                 continue to be) connected with, or to have access to, a railway of an
28                 accredited person or another private siding, must be registered in
29                 respect of the private siding in accordance with this Division.
30                 Maximum penalty:
31                       (a)      in the case of an individual -- $20 000;
32                      (b)       in the case of a body corporate -- $100 000.

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1          (2)   A rail infrastructure manager of a private siding that is to be (or
2                continue to be) connected with, or to have access to, a railway of an
3                accredited person or another private siding must --
4                  (a) comply with the requirements of Division 6 Subdivision 2 of
5                         this Part insofar as they are relevant to the railway operations
6                         carried out in the private siding; and
7                  (b) seek to enter into an interface agreement with the accredited
8                      person or rail infrastructure manager of the other private
9                      siding (as the case may be).
10               Maximum penalty:
11                       (a)     in the case of an individual -- $20 000;
12                       (b)     in the case of a body corporate -- $100 000.
13                Subdivision 2 -- Procedures for granting registration

14   84.         Application for registration
15         (1)   A rail infrastructure manager of a private siding to which section 83
16               applies may apply to the Regulator for registration in respect of the
17               private siding.
18         (2)   An application must be made in the manner and form approved by the
19               Regulator and --
20                 (a) must contain --
21                              (i)    details about the scale and complexity of the private
22                                     siding; and
23                             (ii)    details about the extent of the railway track layout
24                                     and other rail infrastructure of the private siding; and
25                             (iii)   details about the railway operations to be carried out
26                                     in the private siding; and
27                             (iv)    if the private siding is to be (or continue to be)
28                                     connected with, or to have access to --
29                                        (A)    a railway of an accredited person -- the
30                                               prescribed details about the railway and the
31                                               accredited person; or




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1                                    (B)    another private siding -- the prescribed
2                                           details about that siding and the rail
3                                           infrastructure manager of that siding;
4                                and
5                          (v)   any other prescribed information;
6                        and
7                  (b)   must be accompanied by the prescribed application fee.
8          (3)   The Regulator may require an applicant for registration --
9                  (a)   to supply further information requested by the Regulator; and
10                 (b)   to verify by statutory declaration any information supplied to
11                       the Regulator.

12   85.         What applicant must demonstrate
13               The Regulator must not grant registration to an applicant unless
14               satisfied that the applicant has demonstrated --
15                 (a)   that the applicant is, or is to be, the rail infrastructure
16                       manager of the private siding; and
17                 (b)   that the railway operations to be carried out (or continue to be
18                       carried out) in the private siding are such that registration of
19                       the applicant (rather than accreditation of the applicant in
20                       respect of the railway operations) is, in the opinion of the
21                       Regulator, the appropriate action; and
22                 (c)   that the applicant has complied with the requirements
23                       prescribed by the national regulations (if any) for the
24                       purposes of this section.

25   86.         Determination of application
26         (1)   Subject to this section, the Regulator must, within the relevant
27               period --
28                 (a)   if the Regulator is satisfied as to the matters referred to in
29                       section 85 -- notify the applicant that registration has been
30                       granted, with or without conditions or restrictions; or
31                 (b)   if the Regulator is not so satisfied -- notify the applicant that
32                       the application has been refused.



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1    (2)   Registration under this Law is subject to --
2            (a) any conditions or restrictions prescribed by the national
3                  regulations for the purposes of this section; and
4            (b)   any other condition or restriction imposed on the registration
5                  by the Regulator.
6    (3)   Notification under this section --
7           (a) must be in writing and given to the applicant; and
8            (b)   if registration has been granted, must specify --
9                    (i)    the prescribed details of the applicant; and
10                   (ii)   the prescribed details of the private siding; and
11                  (iii)   any conditions and restrictions imposed by the
12                          Regulator on the registration; and
13                  (iv)    any other prescribed information;
14                 and
15           (c)   if a condition or restriction has been imposed on the
16                 registration, must include --
17                   (i)    the reasons for imposing the condition or restriction;
18                          and
19                  (ii)    information about the right of review under Part 7;
20                 and
21           (d)   if the application has been refused, must include --
22                   (i)    the reasons for the decision to refuse to grant the
23                          application; and
24                   (ii)   information about the right of review under Part 7;
25                 and
26           (e)   if the relevant period in relation to the application has been
27                 extended, must include information about the right of review
28                 under Part 7.
29   (4)   In this section --
30         relevant period, in relation to an application, means --
31           (a)   6 months after the application was received by the Regulator;
32                 or



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1                  (b)   if the Regulator requested further information, 6 months, or
2                        such other period, as is agreed between the Regulator and the
3                        applicant, after the Regulator receives the last information so
4                        requested; or
5                  (c)  if the Regulator, by written notice given to the applicant
6                       before the expiry of the relevant 6 months, specifies another
7                       period, that period,
8                whichever is the longer.
9                        Subdivision 3 -- Variation of registration

10   87.         Application for variation of registration
11         (1)   A registered person may, at any time, apply to the Regulator for a
12               variation of the registration.
13         (2)   A registered person must apply to the Regulator for a variation of the
14               registration if --
15                 (a) the applicant proposes to vary the scale and complexity of the
16                        private siding in respect of which the applicant is registered;
17                        or
18                 (b)   the applicant proposes to vary the railway operations to be
19                       carried out in the private siding in respect of which the
20                       applicant is registered; or
21                 (c)   any other variation is proposed in relation to the private
22                       siding in respect of which the applicant is registered that
23                       should be reflected in the registration.
24         (3)   An application for variation must be made in the manner and form
25               approved by the Regulator and --
26                 (a) must specify the details of the variation being sought; and
27                 (b)   must contain the prescribed information; and
28                 (c)   must be accompanied by the prescribed application fee.
29         (4)   The Regulator may require a registered person who has applied for a
30               variation under this section --
31                 (a) to supply further information requested by the Regulator; and
32                 (b)   to verify by statutory declaration any information supplied to
33                       the Regulator.


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1    88.         Determination of application for variation
2          (1)   Subject to this section, the Regulator must, within the relevant
3                period --
4                  (a)   if the Regulator is satisfied as to the matters referred to in
5                        section 85 (so far as they are applicable to the proposed
6                        variation), notify the applicant that registration has been
7                        varied, with or without conditions or restrictions; or
8                  (b)   if the Regulator is not so satisfied -- notify the applicant that
9                        the application has been refused.
10         (2)   Notification under this section --
11                 (a)   must be in writing and given to the applicant; and
12                 (b)   if registration has been varied, must specify --
13                          (i)   the prescribed details of the applicant; and
14                         (ii)   the variation to the registration; and
15                        (iii)   any conditions and restrictions imposed by the
16                                Regulator on the registration as varied; and
17                        (iv)    any other prescribed information;
18                       and
19                 (c)   if a condition or restriction has been imposed on the
20                       registration as varied, must include --
21                          (i)   the reasons for imposing the condition or restriction;
22                                and
23                         (ii)   information about the right of review under Part 7;
24                       and
25                 (d)   if the application has been refused, must include --
26                          (i) the reasons for the decision to refuse to grant the
27                                application; and
28                         (ii)   information about the right of review under Part 7;
29                       and
30                 (e)   if the relevant period in relation to an application has been
31                       extended, must include information about the right of review
32                       under Part 7.



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1          (3)   In this section --
2                relevant period, in relation to an application, means --
3                  (a)   6 months after the application was received by the Regulator;
4                        or
5                  (b)   if the Regulator requested further information, 6 months, or
6                        such other period, as is agreed between the Regulator and the
7                        applicant, after the Regulator receives the last information so
8                        requested; or
9                  (c)   if the Regulator, by written notice given to the applicant
10                       before the expiry of the relevant 6 months, specifies another
11                       period, that period,
12               whichever is the longer.

13   89.         Prescribed conditions and restrictions
14               The registration of a person that is varied under this Division is
15               subject to any conditions or restrictions prescribed by the national
16               regulations that are applicable to the registration as varied.

17   90.         Variation of conditions and restrictions
18         (1)   A registered person may, at any time, apply to the Regulator for a
19               variation of a condition or restriction imposed by the Regulator to
20               which the registration is subject.
21         (2)   An application for variation of a condition or restriction must be made
22               as if it were an application for variation of registration (and section 87
23               applies accordingly).
24         (3)   The Regulator must consider the application and, if satisfied as to the
25               matters referred to in section 86 (so far as they are applicable to the
26               proposed variation), notify the registered person in accordance with
27               the provisions of this Division applicable to a grant of registration (so
28               far as is practicable), that the variation has been granted or refused.
29         (4)   Notification under subsection (3) that a variation has been refused
30               must include the reasons for the decision to refuse to grant the
31               variation and information about the right of review under Part 7.




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1    91.         Regulator may make changes to conditions or restrictions
2          (1)   The Regulator may, subject to this section, at any time, vary or revoke
3                a condition or restriction imposed by the Regulator to which the
4                registration of a registered person is subject or impose a new
5                condition or restriction.
6          (2)   Before taking action under this section, the Regulator must --
7                  (a) give the registered person written notice of the action that the
8                        Regulator proposes to take; and
9                 (b) allow the registered person to make written representations
10                       about the intended action within 28 days (or any other period
11                       that the Regulator and the registered person agree on); and
12                 (c)   consider any representations made under paragraph (b) and
13                       not withdrawn.
14         (3)   Subsection (2) does not apply if the Regulator considers it necessary
15               to take immediate action in the interests of safety.
16         (4)   The Regulator must, by written notice given to the registered person,
17               provide --
18                 (a)   details of any action taken under subsection (1); and
19                 (b)   a statement of reasons for any action taken under
20                       subsection (1); and
21                 (c)   information about the right of review under Part 7.
22         Subdivision 4 -- Revocation, suspension or surrender of registration

23   92.         Revocation or suspension of registration
24         (1)   This section applies in respect of a registered person if --
25                 (a)   the Regulator considers that the registered person --
26                         (i) is no longer able to demonstrate to the satisfaction of
27                              the Regulator the matters referred to in section 85 or
28                              to satisfy the conditions, or to comply with the
29                              restrictions, of the registration; or
30                         (ii)   is not controlling or managing the private siding and
31                                has not done so for at least the preceding 12 months;
32                       or


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1                  (b)   the registered person contravenes this Law.
2          (2)   The Regulator may --
3                  (a)   suspend the registration of the registered person for a period
4                        determined by the Regulator; or
5                  (b)   revoke the registration of the registered person with
6                        immediate effect or with effect from a specified future date;
7                        or
8                  (c)   impose conditions or restrictions on the registration; or
9                  (d)   vary conditions or restrictions to which the registration is
10                       subject.
11         (3)   Before making a decision under subsection (2), the Regulator --
12                 (a) must notify the person in writing --
13                          (i)   that the Regulator is considering making a decision
14                                under subsection (2) of the kind, and for the reasons,
15                                specified in the notice; and
16                         (ii)   that the person may, within 28 days or such longer
17                                period as is specified in the notice, make written
18                                representations to the Regulator showing cause why
19                                the decision should not be made;
20                       and
21                 (b)   must consider any representations made under
22                       paragraph (a)(ii) and not withdrawn.
23         (4)   If the Regulator suspends or revokes the registration of the registered
24               person, the Regulator must include in the notice of suspension or
25               revocation the reasons for the suspension or revocation and
26               information about the right of review under Part 7.
27         (5)   The Regulator may withdraw a suspension of the registration of a
28               person by written notice given to the person.

29   93.         Immediate suspension of registration
30         (1)   If the Regulator considers that there is, or would be, an immediate and
31               serious risk to safety unless a registration is suspended immediately,
32               the Regulator may, without complying with section 92(3) or (4), by
33               written notice given to the registered person, immediately suspend the


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1                registration of the person for a specified period, not exceeding
2                6 weeks.
3          (2)   The Regulator may, by written notice given to a person whose
4                registration is suspended --
5                  (a)   reduce the period of suspension specified in a notice under
6                        subsection (1); or
7                  (b)   extend the period of suspension specified in a notice under
8                        subsection (1) but not so that the suspension continues for
9                        more than 6 weeks after the date of the notice under that
10                       subsection.
11         (3)   The Regulator may withdraw a suspension of the registration of a
12               person by written notice given to the person.
13         (4)   Before making a decision under subsection (2)(b) to extend a period
14               of suspension, the Regulator --
15                 (a) must notify the person in writing --
16                          (i)   that the Regulator is considering extending the period
17                                of suspension for the reasons specified in the
18                                notification; and
19                         (ii)   that the person may, within 7 days or such longer
20                                period as is specified in the notification, make written
21                                representations to the Regulator showing cause why
22                                the suspension should not be extended;
23                       and
24                 (b)   must consider any representations made under
25                       paragraph (a)(ii) and not withdrawn.
26         (5)   If the Regulator extends the suspension of the person, the Regulator
27               must notify the person in writing that the suspension is being
28               extended and include in the notice the reasons for the extension and
29               information about the right of review under Part 7.

30   94.         Surrender of registration
31         (1)   Registration may only be surrendered in accordance with this section.




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1          (2)   If a registered person intends to surrender registration, the registered
2                person must --
3                  (a)   give the Regulator written notice of the intention to surrender
4                        the registration; and
5                  (b)   provide the Regulator with details as to the arrangements
6                        proposed in relation to the cessation of the person's railway
7                        operations in respect of the private siding.
8          (3)   If the Regulator is satisfied as to the arrangements proposed in
9                relation to the cessation of the registered person's railway operations,
10               the Regulator must, as soon as reasonably practicable, by written
11               notice given to the person, inform the person that the person's
12               registration may be surrendered in accordance with the proposed
13               arrangements on the date specified in the notice.
14         (4)   If the Regulator is not satisfied as to the arrangements proposed in
15               relation to the cessation of the registered person's railway operations,
16               the Regulator must, as soon as reasonably practicable, by written
17               notice given to the person, inform the person --
18                  (a) that the Regulator is not satisfied as to the proposed
19                        arrangements; and
20                  (b) of the reasons for the Regulator's dissatisfaction; and
21                 (c)   that the person's registration may not be surrendered until the
22                       Regulator is satisfied as to the proposed arrangements.
23                             Subdivision 5 -- Miscellaneous

24   95.         Annual fees
25         (1)   A registered person must pay the annual fee prescribed by the national
26               regulations.
27         (2)   The annual fee must be paid by a registered person at the time
28               registration is granted and thereafter on an annual basis on or before
29               the prescribed date.
30         (3)   However, the Regulator may accept payment of an annual fee in
31               accordance with an agreement (that provides, for example, for the
32               payment of fees by instalments) made with the person who is liable to
33               pay the fee.



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1          (4)   The national regulations may --
2                  (a) fix different fees for different kinds of registration; and
3                  (b)     fix various methods for the calculation of various fees; and
4                  (c)     fix fees which may be differential, varying according to any
5                          factor determined by the Regulator; and
6                  (d)     impose additional fees for the late payment of fees under this
7                          section.

8    96.         Waiver of fees
9                The Regulator may waive, or refund, the whole or part of any fee
10               payable under this Division.

11   97.         Registration cannot be transferred or assigned
12         (1)   Registration --
13                 (a) is personal to the person who holds it; and
14                 (b)     is not capable of being transferred or assigned to any other
15                         person or otherwise dealt with by the person who holds it;
16                         and
17                 (c)     does not vest by operation of law in any other person.
18         (2)   A purported transfer or assignment of a registration or any other
19               purported dealing with a registration by the person who holds it is of
20               no effect.
21         (3)   This section has effect despite anything in this Law, an Act or a rule
22               of law to the contrary.

23   98.         Offences relating to registration
24         (1)   A registered person must not contravene a condition or restriction of
25               the registration.
26               Maximum penalty:
27                       (a)   in the case of an individual -- $50 000;
28                       (b)   in the case of a body corporate -- $500 000.




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1          (2)   A registered person must ensure that the notice of registration, and
2                any other document prescribed by the national regulations for the
3                purposes of this section, is available for inspection --
4                  (a) if the person is a body corporate -- at the person's registered
5                        office during ordinary business hours;
6                  (b) if the person is not a body corporate -- at the person's
7                        principal place of business during ordinary business hours
8                        (or, if the Regulator approves another place and time, at that
9                        place and time).
10               Maximum penalty:
11                       (a)   in the case of an individual -- $5 000;
12                       (b)   in the case of a body corporate -- $25 000.
13         (3)   A person who is required under subsection (2) to make available
14               documents for inspection must maintain a register of those documents
15               for inspection.
16               Maximum penalty:
17                   (a) in the case of an individual -- $5 000;
18                       (b)   in the case of a body corporate -- $25 000.

19                             Division 6 -- Safety management
20                       Subdivision 1 -- Safety management systems

21   99.         Safety management system
22         (1)   A rail transport operator must have a safety management system for
23               railway operations in respect of which the operator is required to be
24               accredited that --
25                  (a) is in a form approved by the Regulator; and
26                 (b)     provides for systems and procedures for compliance with the
27                         risk management obligations under this Law; and
28                 (c)     identifies any risks to safety in relation to railway operations
29                         in respect of which the operator is required to be accredited;
30                         and
31                 (d)     provides for the comprehensive and systematic assessment of
32                         any identified risks; and



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1            (e)     specifies the controls (including audits, expertise, resources
2                    and staff) that are to be used by the operator to manage
3                    identified risks and to monitor safety in relation to those
4                    railway operations; and
5            (f)     includes procedures for monitoring, reviewing and revising
6                    the adequacy of those controls; and
7            (g) addresses and includes any other matter prescribed by the
8                national regulations that is relevant to the railway operations
9                for which the rail transport operator is accredited.
10         Maximum penalty:
11                 (a)      in the case of an individual -- $150 000;
12                 (b)      in the case of a body corporate -- $1 500 000.
13   (2)   The safety management system for a rail transport operator must also
14         include the following matters prepared in accordance with the
15         requirements of this Division --
16           (a)         measures to manage identified risks to safety for the purposes
17                       of interface agreements;
18           (b)     a security management plan;
19           (c)     an emergency management plan;
20           (d)     a health and fitness management program;
21           (e)         a drug and alcohol management program;
22           (f)     a fatigue risk management program.
23   (3)   Before establishing a safety management system in relation to railway
24         operations in respect of which a rail transport operator is required to
25         be accredited or reviewing or varying any such safety management
26         system, the operator must, so far as is reasonably practicable --
27           (a)     consult with --
28                         (i)   persons likely to be affected by the safety
29                               management system or its review or variation, being
30                               persons who carry out those railway operations or
31                               work on or at the operator's railway premises or with
32                               the operator's rolling stock; and
33                        (ii)   health and safety representatives (within the meaning
34                               of the occupational health and safety legislation)


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1                                representing any of the persons referred to in
2                                subparagraph (i); and
3                        (iii)   any union representing any of the persons referred to
4                                in subparagraph (i); and
5                        (iv)    any other rail transport operator with whom the first
6                                mentioned operator is required to enter into an
7                                interface agreement relating to risks to safety of
8                                railway operations carried out by or on behalf of
9                                either of them; and
10                        (v)    the public, as appropriate;
11                      and
12                (b)   provide the persons consulted with a reasonable opportunity
13                      to make submissions on the proposed safety management
14                      system; and
15                (c)   advise those persons in a timely manner of the outcome of the
16                      consultation process.
17      (4)     If the safety management system of a rail transport operator and the
18              safety management system of another rail transport operator who has
19              an agreement referred to in subsection (3)(a)(iv) with the first
20              mentioned operator, when taken as 1 system, comply with this Law,
21              both safety management systems are taken to comply with this Law.
22      (5)     A safety management system must be evidenced in writing and must
23              identify --
24                (a)   each person responsible for preparing any part of the safety
25                      management system; and
26                (b)   the person, or class of persons, responsible for implementing
27                      the system.

28   100.       Conduct of assessments for identified risks
29      (1)     In conducting an assessment for the purposes of section 99(1)(d), the
30              rail transport operator must --
31                (a)   examine and analyse each identified risk, including --
32                        (i)    the nature of the risk; and
33                        (ii)   the likelihood of the risk occurring; and



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1                            (iii)   the magnitude and severity of the consequences
2                                    should a risk be realised; and
3                            (iv)    the range of control measures available and
4                                    considered to eliminate or minimise the risk;
5                       and
6               (b)     consider risks cumulatively as well as individually; and
7               (c)         use assessment methodologies that are appropriate to the risks
8                           under consideration.
9       (2)   The rail transport operator must keep a detailed record of all aspects
10            of the assessment process, including --
11              (a)         the risks considered; and
12              (b)     the likelihood, severity of consequences and control measures
13                      considered, including reasons for selecting certain control
14                      measures and rejecting others.

15   101.     Compliance with safety management system
16      (1)   A rail transport operator must implement the operator's safety
17            management system.
18            Maximum penalty:
19                    (a)      in the case of an individual -- $150 000;
20                    (b)      in the case of a body corporate -- $1 500 000.
21      (2)   A rail transport operator must not, without reasonable excuse, fail to
22            comply with the operator's safety management system for the
23            operator's railway operations.
24            Maximum penalty:
25                    (a)      in the case of an individual -- $150 000;
26                    (b)      in the case of a body corporate -- $1 500 000.
27      (3)   Subsection (2) places an evidential burden on the accused to show a
28            reasonable excuse.

29   102.     Review of safety management system
30            A rail transport operator must review the operator's safety
31            management system in accordance with the national regulations at
32            such times or within such periods as are prescribed (or, if no times or

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1               periods are prescribed, at least once each year or at such other time as
2               is agreed between the operator and the Regulator).
3               Maximum penalty:
4                       (a)      in the case of an individual -- $10 000;
5                       (b)      in the case of a body corporate -- $50 000.

6    103.       Safety performance reports
7       (1)     A rail transport operator must give the Regulator a safety performance
8               report about the operator's railway operations in respect of which the
9               operator is required to be accredited for each reporting period that --
10                (a)         is in a form approved by the Regulator; and
11                (b)     complies with the requirements (if any) prescribed by the
12                        national regulations for the purposes of this section; and
13                (c)     contains --
14                              (i)   a description and assessment of the safety
15                                    performance of the operator's railway operations; and
16                             (ii)   comments on any deficiencies, and any irregularities,
17                                    in the railway operations that may be relevant to the
18                                    safety of the railway; and
19                            (iii)   a description of any safety initiatives in relation to the
20                                    railway operations undertaken during the reporting
21                                    period or proposed to be undertaken in the next
22                                    reporting period; and
23                             (iv)   any other information or performance indicators
24                                    prescribed by the national regulations for the
25                                    purposes of this section.
26      (2)     A rail transport operator must submit a report in accordance with this
27              section within 6 months after the end of each reporting period.
28              Maximum penalty:
29                      (a)      in the case of an individual -- $5 000;
30                      (b)      in the case of a body corporate -- $25 000.




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1       (3)   In this section --
2             reporting period means a financial year or such other period as is
3             agreed from time to time by the Regulator and the rail transport
4             operator.

5    104.     Regulator may direct amendment of safety management system
6       (1)   The Regulator may, by written notice given to an accredited person,
7             direct the person to amend the person's safety management system in
8             a specified manner within a specified period, being not less than
9             28 days after the giving of the direction.
10      (2)   Before giving a direction to amend a safety management system under
11            subsection (1), the Regulator must, if the intended amendment is
12            likely to result in significant costs or expenses to the accredited
13            person or any other person --
14              (a)         conduct or cause to be conducted a cost-benefit analysis of
15                          the effect of the intended amendment; and
16              (b)     consult with the Premier or Chief Minister, the Treasurer, and
17                      any other Minister, of a participating jurisdiction whose area
18                      of responsibility is likely to be affected by the intended
19                      amendment.
20      (3)   A direction under subsection (1) --
21              (a) must state the reasons why the Regulator considers it
22                    necessary for the rail transport operator to amend the safety
23                    management system; and
24              (b) must include (if applicable) the results of any cost-benefit
25                    analysis carried out under this section; and
26              (c)     must include information about the right of review under
27                      Part 7.
28      (4)   An accredited person must not, without reasonable excuse, fail to
29            comply with a direction under subsection (1).
30            Maximum penalty:
31                    (a)      in the case of an individual -- $50 000;
32                    (b)      in the case of a body corporate -- $500 000.
33      (5)   Subsection (4) places an evidential burden on the accused to show a
34            reasonable excuse.

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1                        Subdivision 2 -- Interface agreements

2    105.       Requirements for and scope of interface agreements
3       (1)     An interface agreement must include provisions for --
4                 (a)   implementing and maintaining measures to manage risks
5                       identified under section 99(1)(c) associated with the interface;
6                       and
7                 (b)   the evaluation, testing and (where appropriate) revision of
8                       measures in relation to identified risks and incidents
9                       considered; and
10                (c)   the respective roles and responsibilities of each party to the
11                      agreement in relation to those measures; and
12                (d)   procedures by which the parties to the agreement will
13                      exchange information about, and monitor compliance with,
14                      their obligations under the agreement; and
15                (e)   a process for keeping the agreement under review and its
16                      revision.
17      (2)     An interface agreement may --
18               (a) be entered into by 2 or more rail transport operators or by 1 or
19                      more rail transport operators and 1 or more road managers;
20                      and
21               (b) include measures to manage any number of risks to safety
22                      that may arise because of, or partly because of, any railway
23                      operations; and
24                (c)   include measures to manage any number of risks to safety
25                      that may arise from any railway operations because of, or
26                      partly because of, the existence or use of any road
27                      infrastructure; and
28                (d)   make provision for or in relation to any matter by applying,
29                      adopting or incorporating any matter contained in any
30                      document; and
31                (e)   consist of 2 or more documents.




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1    106.     Interface coordination -- rail transport operators
2             A rail transport operator must --
3               (a)         identify and assess, so far as is reasonably practicable, risks
4                           to safety that may arise from railway operations carried out
5                           by or on behalf of the operator because of, or partly because
6                           of, railway operations carried out by or on behalf of any other
7                           rail transport operator; and
8               (b)     determine measures to manage, so far as is reasonably
9                       practicable, those risks; and
10              (c)         for the purpose of managing those risks -- seek to enter into
11                          an interface agreement with the other rail transport operator
12                          or rail transport operators.
13            Maximum penalty:
14                (a) in the case of an individual -- $50 000;
15                    (b)      in the case of a body corporate -- $500 000.

16   107.     Interface coordination -- rail infrastructure and public roads
17      (1)   A rail infrastructure manager must --
18              (a) identify and assess, so far as is reasonably practicable, risks
19                     to safety that may arise from railway operations carried out
20                     on or in relation to the manager's rail infrastructure because
21                     of, or partly because of --
22                        (i) the existence of road infrastructure of a prescribed
23                              public road; or
24                           (ii)   the existence or use of any rail or road crossing that is
25                                  part of the road infrastructure of a public road;
26                      and
27              (b)     determine measures to manage, so far as is reasonably
28                      practicable, those risks; and
29              (c)     for the purpose of managing those risks -- seek to enter into
30                      an interface agreement with the road manager of that road.
31            Maximum penalty:
32                    (a)      in the case of an individual -- $50 000;
33                    (b)      in the case of a body corporate -- $500 000.


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1       (2)     The road manager of a public road must --
2                 (a) identify and assess, so far as is reasonably practicable, risks
3                       to safety that may arise from the existence or use of any rail
4                       or road crossing that is part of the road infrastructure of the
5                       road because of, or partly because of --
6                          (i) the existence of road infrastructure of a prescribed
7                                public road; or
8                         (ii)   the existence or use of any rail or road crossing that is
9                                part of the road infrastructure of a public road;
10                      and
11                (b)   determine measures to manage, so far as is reasonably
12                      practicable, those risks; and
13                (c)   for the purpose of managing those risks -- seek to enter into
14                      an interface agreement with the rail infrastructure manager of
15                      the rail infrastructure.
16      (3)     Nothing in this section authorises or requires a road manager to act
17              inconsistently with, or without regard to, the functions, obligations or
18              powers conferred on it by or under an Act or law.

19   108.       Interface coordination -- rail infrastructure and private roads
20      (1)     A rail infrastructure manager must --
21                (a) identify and assess, so far as is reasonably practicable, risks
22                       to safety that may arise from railway operations carried out
23                       on or in relation to the manager's rail infrastructure because
24                       of, or partly because of, the existence or use of any rail or
25                       road crossing that is part of the road infrastructure of a private
26                       road; and
27                (b) consider the extent to which those risks are managed by any
28                       prescribed protocols; and
29                (c) consider whether it is necessary to manage those risks in
30                       conjunction with the road manager of that road and --
31                         (i)   if the rail infrastructure manager is of the opinion that
32                               it is necessary that those risks be managed in
33                               conjunction with the road manager -- give written
34                               notice of that opinion to the road manager and



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1                                   determine measures to manage, so far as is
2                                   reasonably practicable, those risks; or
3                            (ii)   if the rail infrastructure manager is of the opinion that
4                                   the management of those risks does not need to be
5                                   carried out in conjunction with the road manager --
6                                   keep a written record of that opinion;
7                       and
8               (d)     unless paragraph (c)(ii) applies -- for the purpose of
9                       managing those risks, seek to enter into an interface
10                      agreement with the road manager.
11            Maximum penalty:
12                    (a)      in the case of an individual -- $50 000;
13                    (b)      in the case of a body corporate -- $500 000.
14      (2)   If a rail infrastructure manager gives a road manager of a private road
15            a written notice under subsection (1)(c)(i), the road manager must --
16              (a)         identify and assess, so far as is reasonably practicable, risks
17                          to safety that may arise from the existence or use of any rail
18                          or road crossing that is part of the road infrastructure of the
19                          road because of, or partly because of, railway operations; and
20              (b)     determine measures to manage, so far as is reasonably
21                      practicable, those risks; and
22              (c)     for the purpose of managing those risks -- seek to enter into
23                      an interface agreement with the rail infrastructure manager.
24            Maximum penalty:
25                    (a)      in the case of an individual -- $50 000;
26                    (b)      in the case of a body corporate -- $500 000.

27   109.     Identification and assessment of risks
28            A rail transport operator, rail infrastructure manager or road manager
29            that is required under this Subdivision to identify and assess risks to
30            safety that may arise from operations carried out by another person
31            may do so --
32              (a)     by itself identifying and assessing those risks; or
33              (b)     by identifying and assessing those risks jointly with the other
34                      person; or


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1                 (c)   by adopting the identification and assessment of those risks
2                       carried out by the other person.

3    110.       Regulator may give directions
4       (1)     This section applies if the Regulator is satisfied that a rail transport
5               operator, rail infrastructure manager or road manager referred to in
6               this Subdivision --
7                 (a)   is unreasonably refusing or failing to enter into an interface
8                       agreement with another person as required under this
9                       Subdivision; or
10                (b)   is unreasonably delaying the negotiation of such an
11                      agreement.
12      (2)     The Regulator may give a written notice to the rail transport operator,
13              rail infrastructure manager or road manager (as the case requires) and
14              the other person that --
15                 (a) warns of the Regulator's powers under this section, including
16                        the power to issue a direction under subsection (3) at any time
17                        after a specified date; and
18                (b) includes a copy of this section; and
19                (c)   may contain suggested terms for inclusion in an interface
20                      agreement.
21      (3)     If the Regulator gives a notice under subsection (2) to a rail transport
22              operator, rail infrastructure manager or road manager, the Regulator
23              may, in writing, require the operator or manager to provide such
24              information as the Regulator reasonably requires for the purposes of
25              making a direction under this section.
26      (4)     If a notice is given under subsection (2) and an interface agreement
27              has not been entered into by or on the date specified in the notice, the
28              Regulator --
29                (a)   may determine the arrangements that are to apply in relation
30                      to the management of risks to safety referred to in
31                      section 106, 107 or 108 (as the case requires); and
32                (b)   may direct any of the persons to whom the notice is issued to
33                      give effect to those arrangements; and
34                (c)   must specify the time within which a direction is to be
35                      complied with.

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1       (5)   A direction under subsection (4) --
2               (a) must be in writing; and
3               (b)     must set out any arrangements determined by the Regulator
4                       under that subsection.
5       (6)   A person to whom a notice or direction is given under this section
6             must comply with the notice or direction within the time specified in
7             the notice or direction.
8             Maximum penalty:
9                     (a)   in the case of an individual -- $20 000;
10                    (b)   in the case of a body corporate -- $100 000.

11   111.     Register of interface agreements
12      (1)   A rail transport operator must maintain a register of --
13              (a) interface agreements to which it is a party; and
14              (b) arrangements determined by the Regulator under section 110,
15            that are applicable to the operator's railway operations.
16            Maximum penalty:
17                    (a)   in the case of an individual -- $5 000;
18                    (b)   in the case of a body corporate -- $25 000.
19      (2)   A road manager must maintain a register of --
20              (a) interface agreements to which it is a party; and
21              (b)     arrangements determined by the Regulator under section 110,
22            that are applicable to any road in relation to which it is the road
23            manager.
24            Maximum penalty:
25                    (a)   in the case of an individual -- $5 000;
26                    (b)   in the case of a body corporate -- $25 000.




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1                  Subdivision 3 -- Other safety plans and programs

2    112.       Security management plan
3       (1)     A rail transport operator must have a security management plan for
4               railway operations in respect of which the operator is required to be
5               accredited that --
6                  (a) incorporates measures to protect people from theft, assault,
7                        sabotage, terrorism and other criminal acts of other parties
8                        and from other harm; and
9                 (b) complies with this Law and any requirements prescribed by
10                       the national regulations.
11              Maximum penalty:
12                      (a)      in the case of an individual -- $50 000;
13                      (b)      in the case of a body corporate -- $500 000.
14      (2)     The rail transport operator must ensure --
15                (a) that the security management plan is implemented; and
16                (b)     that appropriate response measures of the security
17                        management plan are implemented without delay if an
18                        incident of a kind referred to in subsection (1)(a) occurs.
19              Maximum penalty:
20                  (a) in the case of an individual -- $50 000;
21                      (b)      in the case of a body corporate -- $500 000.

22   113.       Emergency management plan
23      (1)     A rail transport operator must have an emergency management plan
24              that complies with subsection (2) for railway operations in respect of
25              which the operator is required to be accredited.
26              Maximum penalty:
27                      (a)      in the case of an individual -- $50 000;
28                      (b)      in the case of a body corporate -- $500 000.
29      (2)     The emergency management plan must --
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1               (b)     be prepared --
2                         (i) so far as is reasonably practicable -- in conjunction
3                               with any of the emergency services that would be
4                               expected to attend in the event of a significant
5                               incident involving the operator's railway operations
6                               and any other person who is prescribed; and
7                            (ii)   in accordance with the national regulations;
8                       and
9               (c)         be kept and maintained in accordance with the national
10                          regulations; and
11              (d)     be provided to the relevant emergency services and any other
12                      person who is prescribed; and
13              (e)         be tested in accordance with the national regulations.
14      (3)   A rail transport operator must ensure that the appropriate response
15            measures of the emergency management plan are implemented if an
16            emergency occurs.
17            Maximum penalty:
18                    (a)      in the case of an individual -- $50 000;
19                    (b)      in the case of a body corporate -- $500 000.

20   114.     Health and fitness management program
21            A rail transport operator must prepare and implement a health and
22            fitness program for rail safety workers who carry out rail safety work
23            in relation to railway operations in respect of which the operator is
24            required to be accredited that complies with the prescribed
25            requirements relating to health and fitness programs.
26            Maximum penalty:
27                    (a)      in the case of an individual -- $50 000;
28                    (b)      in the case of a body corporate -- $500 000.

29   115.     Drug and alcohol management program
30            A rail transport operator must prepare and implement a drug and
31            alcohol management program for rail safety workers who carry out
32            rail safety work in relation to railway operations in respect of which
33            the operator is required to be accredited that complies with the


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1               prescribed requirements relating to drug and alcohol management
2               programs.
3               Maximum penalty:
4                       (a)      in the case of an individual -- $50 000;
5                       (b)      in the case of a body corporate -- $500 000.

6    116.       Fatigue risk management program
7               A rail transport operator must prepare and implement a program, in
8               accordance with the prescribed requirements, for the management of
9               fatigue of rail safety workers who carry out rail safety work in relation
10              to railway operations in respect of which the operator is required to be
11              accredited that complies with the prescribed requirements relating to
12              fatigue risk management programs.
13              Maximum penalty:
14                      (a)      in the case of an individual -- $50 000;
15                      (b)      in the case of a body corporate -- $500 000.
16              Subdivision 4 -- Provisions relating to rail safety workers

17   117.       Assessment of competence
18      (1)     A rail transport operator must ensure that each rail safety worker who
19              is to carry out rail safety work in relation to railway operations in
20              respect of which the operator is required to be accredited has the
21              competence to carry out that work.
22              Maximum penalty:
23                      (a)      in the case of an individual -- $50 000;
24                      (b)      in the case of a body corporate -- $500 000.
25      (2)     For the purposes of subsection (1), the competence of a rail safety
26              worker to carry out rail safety work --
27                (a)         must be assessed --
28                             (i) in accordance with the provisions of the AQTF and
29                                   any qualification and units of competence recognised
30                                   under the AQF applicable to that rail safety work; or




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1                        (ii)if subparagraph (i) does not apply -- in accordance
2                            with any qualifications or competencies prescribed by
3                            the national regulations; and
4            (b)     must be assessed by reference to the knowledge and skills of
5                    the worker that would enable the worker to carry out the rail
6                    safety work safely.
7    (3)   A certificate purporting to have been issued under the AQF to a rail
8          safety worker certifying that the worker has certain qualifications or
9          units of competence is evidence that the worker has those
10         qualifications or units of competence.
11   (4)   Subsection (2) does not apply if --
12           (a) it is not reasonably practicable for a rail transport operator to
13                 assess the competence of a rail safety worker to carry out rail
14                 safety work in relation to the operator's rail infrastructure or
15                 rolling stock in accordance with that subsection; and
16           (b)     the operator satisfies the Regulator that --
17                       (i)    the worker has otherwise acquired the necessary
18                              qualifications and competencies applicable to that rail
19                              safety work; and
20                       (ii)   the worker has the knowledge and skills that would
21                              enable the worker to carry out the rail safety work
22                              safely.
23   (5)   Nothing in this section prevents a rail transport operator from
24         requiring a rail safety worker to undertake further training before
25         carrying out rail safety work.
26   (6)   A rail transport operator must maintain records in accordance with the
27         national regulations of the competence of rail safety workers who
28         carry out rail safety work on or in relation to the operator's rail
29         infrastructure or rolling stock.
30         Maximum penalty:
31                 (a)    in the case of an individual -- $10 000;
32                 (b)    in the case of a body corporate -- $50 000.




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1    118.       Identification of rail safety workers
2       (1)     A rail transport operator must ensure that each rail safety worker who
3               is to carry out rail safety work in relation to the operator's railway
4               operations has a form of identification that is sufficient to enable the
5               type of competence and training of the worker for that rail safety work
6               to be checked by a rail safety officer.
7               Maximum penalty:
8                    (a)    in the case of an individual -- $10 000;
9                    (b)    in the case of a body corporate -- $50 000.
10      (2)     A rail safety worker who is carrying out rail safety work must, when
11              requested by a rail safety officer to do so, produce the identification
12              provided in accordance with subsection (1) to the officer.
13              Maximum penalty: $2 500.
14   Subdivision 5 -- Other persons to comply with safety management system
15   119.       Other persons to comply with safety management system
16              A person, not being an employee employed to carry out railway
17              operations, who undertakes railway operations on or in relation to rail
18              infrastructure or rolling stock of a rail transport operator must comply
19              with the safety management system of the rail transport operator to
20              the extent that it applies to those railway operations.
21              Maximum penalty:
22                   (a)    in the case of an individual -- $50 000;
23                   (b)    in the case of a body corporate -- $500 000.

24                   Division 7 -- Information about rail safety etc
25   120.       Power of Regulator to obtain information from rail transport
26              operators
27      (1)     The Regulator may, by written notice given to a rail transport
28              operator, require the operator to provide to the Regulator on or before
29              a specified date and in a manner and form approved by the Regulator,
30              1 or more of the following --
31                 (a) information concerning measures taken by the rail transport
32                       operator to promote rail safety;


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1               (b)     information concerning matters, including matters relating to
2                       the financial capacity or insurance arrangements of the rail
3                       transport operator, relating to rail safety or the accreditation
4                       of the rail transport operator that the Regulator reasonably
5                       requires;
6               (c)     the information prescribed for the purposes of this subsection.
7       (2)   A rail transport operator must comply with a notice given to the
8             operator under subsection (1).
9             Maximum penalty:
10                    (a)   in the case of an individual -- $10 000;
11                    (b)   in the case of a body corporate -- $50 000.
12      (3)   A rail transport operator must provide to the Regulator, in a manner
13            and form approved by the Regulator and at the prescribed times and in
14            respect of the prescribed periods, information prescribed by the
15            national regulations for the purposes of this subsection relating to rail
16            safety or accreditation.
17            Maximum penalty:
18                    (a)   in the case of an individual -- $10 000;
19                    (b)   in the case of a body corporate -- $50 000.

20      Division 8 -- Investigating and reporting by rail transport operators

21   121.     Notification of certain occurrences
22      (1)   A rail transport operator must report to the Regulator or another
23            authority specified by the Regulator within the time, and in the
24            manner, prescribed by the national regulations, all notifiable
25            occurrences that happen on, or in relation to, the operator's railway
26            premises or railway operations.
27            Maximum penalty:
28                    (a)   in the case of an individual -- $20 000;
29                    (b)   in the case of a body corporate -- $100 000.
30      (2)   Two or more rail transport operators may make a joint report with
31            respect to a notifiable occurrence affecting them.




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1       (3)     In addition to the matters specified in subsection (1), the Regulator
2               may, by written notice given to a rail transport operator, require the
3               operator to report to the Regulator or another authority specified by
4               the Regulator, any other occurrence or type of occurrence which
5               endangers or could endanger the safe operation of any railway
6               operations.
7       (4)     A rail transport operator to whom a requirement under subsection (3)
8               applies must comply with the requirement.
9               Maximum penalty:
10                   (a)    in the case of an individual -- $20 000;
11                   (b)    in the case of a body corporate -- $100 000.
12      (5)     The Regulator may require information in a report under this section
13              to be verified by statutory declaration.

14   122.       Investigation of notifiable occurrences
15      (1)     The Regulator may, by written notice given to a rail transport
16              operator, require the operator to investigate notifiable occurrences, or
17              any other occurrences that have endangered or may endanger the safe
18              operation of the railway operations carried out by the operator.
19      (2)     The level of investigation must be determined by the severity and
20              potential consequences of the notifiable occurrence as well as by other
21              similar occurrences and its focus should be to determine the cause and
22              contributing factors, rather than to apportion blame.
23      (3)     The rail transport operator must ensure that the investigation is
24              conducted in a manner approved by the Regulator and within the
25              period specified by the Regulator.
26              Maximum penalty:
27                   (a)    in the case of an individual -- $20 000;
28                   (b)    in the case of a body corporate -- $100 000.




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1       (4)   A rail transport operator who has carried out an investigation under
2             this section must report to the Regulator on the investigation in a
3             manner specified by the Regulator within the period specified by the
4             Regulator.
5             Maximum penalty:
6                 (a) in the case of an individual -- $20 000;
7                     (b)   in the case of a body corporate -- $100 000.
8       (5)   However, information or a document provided by a rail transport
9             operator in a report under this section is not admissible as evidence
10            against the operator in civil or criminal proceedings other than
11            proceedings arising out of the false or misleading nature of the
12            information or document.

13               Division 9 -- Drug and alcohol testing by Regulator

14   123.     Testing for presence of drugs or alcohol
15            A rail safety worker may be required to undertake a test for the
16            presence of a drug or alcohol in accordance with this Law and the
17            application Act.

18   124.     Appointment of authorised persons
19      (1)   The Regulator may, by instrument in writing, appoint --
20              (a) a rail safety officer; or
21              (b)     a person with qualifications or experience considered by the
22                      Regulator to be appropriate for the performance of relevant
23                      functions under this Law and the application Act,
24            to be an authorised person for a term, and subject to the conditions,
25            specified in the instrument.
26            Note: A person appointed under subsection (1)(b) need not be an employee
27                  of a government agency or instrumentality.

28      (2)   The authority of an authorised person may be limited by the relevant
29            instrument of appointment to a particular part of a participating
30            jurisdiction, to a particular railway or to particular rail safety workers,
31            or otherwise.




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1    125.       Identity cards
2       (1)     The Regulator must give each authorised person appointed under
3               section 124 an identity card that states the person's name and
4               appointment as an authorised person and includes any other matter
5               prescribed by the national regulations.
6       (2)     An authorised person to whom an identity card has been issued must
7               produce his or her identity card for inspection on request to a person
8               required by the authorised person to submit to a test or to do any other
9               thing under this Law or the application Act.
10      (3)     If a person to whom an identity card has been issued ceases to be an
11              authorised person, the person must return the identity card to the
12              Regulator as soon as practicable.
13              Maximum penalty: $5 000.

14   126.       Authorised person may require preliminary breath test or breath
15              analysis
16      (1)     Subject to this section, an authorised person may at any time require a
17              rail safety worker who --
18                (a)   is about to carry out rail safety work; or
19                (b)   is carrying out rail safety work; or
20                (c)   is attempting to carry out rail safety work; or
21                (d)   is still on railway premises after carrying out rail safety work;
22                      or
23                (e)   without limiting a preceding paragraph -- is involved in a
24                      prescribed notifiable occurrence,
25              to submit to testing by means of a preliminary breath test or breath
26              analysis (or both).
27      (2)     For the purposes of making a requirement that a rail safety worker
28              submit to a preliminary breath test or breath analysis, an authorised
29              person may --
30                (a)   require the worker to provide the worker's name and
31                      residential address; and




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1               (b)      give any other reasonable direction to the worker.
2             Example:     An authorised person may (for example) direct the rail safety
3                          worker to accompany the authorised person and attend at a
4                          specified place for the purposes of carrying out the preliminary
5                          breath test or breath analysis.

6       (3)   A rail safety worker must immediately comply with a direction given
7             by an authorised person (whether under this section or the application
8             Act) for the purpose of requiring the worker to submit to a
9             preliminary breath test or breath analysis.
10            Maximum penalty: $10 000.
11      (4)   The application Act and regulations made under the application Act
12            may prescribe the manner in which a preliminary breath test or breath
13            analysis is to be conducted and may (for example) require that more
14            than 1 sample of breath is to be provided for testing or analysis (and,
15            in such a case, specify which reading of the apparatus or instrument
16            will be taken to be the result of the preliminary breath test or breath
17            analysis for the purposes of this Law, the application Act or any other
18            Act).

19   127.     Authorised person may require drug screening test, oral fluid
20            analysis and blood test
21      (1)   Subject to this section, an authorised person may at any time require a
22            rail safety worker who --
23               (a) is about to carry out rail safety work; or
24              (b)      is carrying out rail safety work; or
25              (c)      is attempting to carry out rail safety work; or
26              (d)      is still on railway premises after carrying out rail safety work;
27                       or
28              (e)      without limiting a preceding paragraph -- is involved in a
29                       prescribed notifiable occurrence,
30            to submit to a drug screening test, oral fluid analysis or blood test (or
31            any combination of these).




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1       (2)     For the purposes of making a requirement that a rail safety worker
2               submit to a drug screening test, oral fluid analysis or blood test, an
3               authorised person may --
4                 (a) require the worker to provide the worker's name and
5                       residential address; and
6                 (b) give any other reasonable direction to the worker.
 7              Example:     An authorised person may (for example) direct the rail safety
 8                           worker to accompany the authorised person and attend at a
 9                           specified place for the purposes of carrying out the drug
10                           screening test, oral fluid analysis or blood test.

11      (3)     A rail safety worker must immediately comply with a direction given
12              by an authorised person (whether under this section or the application
13              Act) for the purpose of requiring the worker to submit to a drug
14              screening test, oral fluid analysis or blood test (or any combination of
15              these).
16              Maximum penalty: $10 000.
17      (4)     The application Act and regulations made under the application Act
18              may prescribe the manner in which a drug screening test, oral fluid
19              analysis or blood test is to be conducted.

20   128.       Offence relating to prescribed concentration of alcohol or
21              prescribed drug
22      (1)     A rail safety worker must not carry out, or attempt to carry out, rail
23              safety work --
24                (a)      while there is present in his or her blood the prescribed
25                         concentration of alcohol; or
26                (b)      while a prescribed drug is present in his or her oral fluid or
27                         blood; or
28                (c)      while so much under the influence of alcohol or a drug as to
29                         be incapable of effectively discharging a function or duty of a
30                         rail safety worker.
31              Maximum penalty: $10 000.
32      (2)     For the purposes of subsection (1)(c), a person is incapable of
33              effectively discharging a function or duty of a rail safety worker if,
34              owing to the influence of alcohol or a drug, the use of any mental or
35              physical faculty of that person is lost or appreciably impaired (but this


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1             subsection does not restrict in any way the operation of
2             subsection (1)(c)).
3       (3)   Subject to subsection (4), it is a defence to a charge of an offence
4             against subsection (1)(b) if the defendant proves that he or she did not
5             knowingly consume the prescribed drug present in his or her oral fluid
6             or blood.
7       (4)   Subsection (3) does not apply if the defendant consumed the
8             prescribed drug believing that he or she was consuming a substance
9             unlawfully but was mistaken as to, unaware of, or indifferent to, the
10            identity of the prescribed drug.
11      (5)   For the purposes of this section --
12            prescribed concentration of alcohol, in relation to a rail safety
13            worker, means --
14              (a)   any concentration of alcohol in the blood; or
15              (b)   if some other concentration of alcohol is prescribed in the
16                    national regulations (being a specified amount of alcohol in
17                    100 millilitres of blood) for the purposes of this definition --
18                    that concentration;
19            prescribed drug means --
20              (a)   any of the following substances --
21                       (i)   delta-9-tetrahydrocannabinol;
22                      (ii)   Methylamphetamine (Methamphetamine);
23                     (iii)   3,4-Methylenedioxymethylamphetamine (MDMA);
24                    and
25              (b)   any other substance declared by the national regulations to be
26                    a prescribed drug for the purposes of this section.

27   129.     Oral fluid or blood sample or results of analysis etc not to be used
28            for other purposes
29            A sample of oral fluid or blood taken under this Part or the application
30            Act (and any other forensic material taken incidentally during a drug
31            screening test, oral fluid analysis or blood test) must not be used for a
32            purpose other than that contemplated by this Part or the application
33            Act, in connection with the control or management of any work or



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1               activity associated with railway operations, or for the purpose of
2               disciplinary proceedings against a rail safety worker.

3                              Division 10 -- Train safety recordings

4    130.       Interpretation
5               In this Division --
6               train safety recording means a recording consisting of (or mainly of)
7               sounds or images or data, or any combination of sounds, images or
8               data, produced by a device installed in a train, signal box, train control
9               complex or other railway premises for the purpose of recording
10              activities carried out by rail safety workers in relation to the operation
11              of a train.

12   131.       Disclosure of train safety recordings
13              A person must not publish or communicate to any person --
14                (a) a train safety recording or any part of a train safety recording;
15                     or
16                (b)     any information obtained from a train safety recording or any
17                        part of a train safety recording,
18              otherwise than in the course of an inquiry or an investigation into an
19              accident or incident under this Part or for the purposes of, or in
20              connection with --
21                (c)         criminal proceedings (not being criminal proceedings in
22                            which it is not admissible), investigations relating to any such
23                            criminal proceedings or investigations by or proceedings
24                            before a coroner; or
25                (d)     civil proceedings in which an order is made under
26                        section 132; or
27                (e)         a disclosure or publication that is otherwise permitted under
28                            this Law or an Act.
29              Maximum penalty:
30                      (a)      in the case of an individual -- $10 000;
31                      (b)      in the case of a body corporate -- $50 000.




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1    132.     Admissibility of evidence of train safety recordings in civil
2             proceedings
3       (1)   A train safety recording is not admissible in evidence in any civil
4             proceedings against a rail safety worker.
5       (2)   A party to civil proceedings may, at any time before the determination
6             of the proceedings, apply to the court in which the proceedings have
7             been instituted for an order that a train safety recording, or part of a
8             train safety recording, be admissible in evidence in the proceedings.
9       (3)   If an application is made to a court under subsection (2), the court
10            must --
11              (a)    examine the train safety recording; and
12              (b)    if satisfied that --
13                       (i)    a material question of fact in the proceedings will not
14                              be able to be properly determined from other
15                              evidence available to the court; and
16                       (ii)   the train safety recording, or a part of the train safety
17                              recording, if admitted in evidence in the proceedings,
18                              will assist in the proper determination of that material
19                              question of fact; and
20                      (iii)   in the circumstances of the case, the public interest in
21                              the proper determination of that material question of
22                              fact outweighs the public interest in protecting the
23                              privacy of rail safety workers,
24                     the court may order that the train safety recording, or that part
25                     of the train safety recording, be admissible in evidence in the
26                     proceedings.
27      (4)   If the court makes an order referred to in subsection (3), the train
28            safety recording is (despite subsection (1)) admissible in evidence in
29            the proceedings.
30            Note: Part 6 of the Transport Safety Investigation Act 2003 of the
31                  Commonwealth provides for limitations on the disclosure and use of
32                  train safety recordings in court proceedings.




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1               Division 11 -- Audit of railway operations by Regulator

2    133.       Audit of railway operations by Regulator
3       (1)     The Regulator --
4                 (a)   may audit the railway operations of a rail transport operator;
5                       and
6                 (b)   may prepare and implement a program (an audit program)
7                       for each year for inspecting the railway operations of rail
8                       transport operators; and
9                 (c)   may, for the purposes of an audit, inspect the railway
10                      operations of a rail transport operator, whether or not under
11                      an audit program.
12      (2)     Without limiting subsection (1)(b), an audit program may focus on 1
13              or more of the following --
14                (a) particular rail transport operators;
15                (b)   particular criteria relating to rail transport operators;
16                (c)   particular aspects of rail safety;
17                (d)   particular aspects of railway operations.
18      (3)     The Regulator must give not less than 24 hours written notice to a rail
19              transport operator before inspecting the operator's railway operations
20              under this section.
21      (4)     The national regulations may establish procedures for the conduct of
22              audits under this section, including procedures to ensure the
23              confidentiality of records.
24      (5)     In this section --
25              rail transport operator includes a person, not being an employee,
26              engaged to carry out railway operations, who undertakes railway
27              operations on or in relation to rail infrastructure or rolling stock of a
28              rail transport operator.




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1                              Part 4 -- Securing compliance

2                               Division 1 -- Guiding principle

3    134.     Guiding principle
4             Enforcement of this Law should be undertaken for the purpose of --
5               (a) protecting public safety; and
6                 (b)     promoting improvement in rail safety; and
7                 (c)     removing incentive for any unfair commercial advantage that
8                         might be derived from contravening the rail safety
9                         requirements under this Law; and
10                (d)     influencing the attitude and behaviour of persons whose
11                        actions may have adverse impacts on rail safety; and
12                (e)     securing compliance with this Law through effective and
13                        appropriate compliance and enforcement measures.

14                             Division 2 -- Rail safety officers

15   135.     Appointment
16      (1)   The Regulator may, by instrument in writing, appoint a person, or a
17            person of a prescribed class, to be a rail safety officer for a term, and
18            subject to the conditions, specified in the instrument.
19            Notes:

20            1         A person appointed under subsection (1) need not be an employee of
21                      a government agency or instrumentality.

22            2         A person appointed under subsection (1) may be a police officer of a
23                      participating jurisdiction.

24      (2)   Without limiting the conditions to which the appointment of a rail
25            safety officer may be subject, a condition may specify 1 or more of
26            the following --
27              (a) functions under this Law that may not be exercised by the
28                     officer;
29                (b)     the only functions under this Law that may be exercised by
30                        the officer;


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1                 (c)   the circumstances or manner in which a function under this
2                       Law may be performed by the officer.

3    136.       Identity cards
4       (1)     The Regulator must give each rail safety officer an identity card that
5               states the person's name and appointment as a rail safety officer and
6               includes any other matter prescribed by the national regulations.
7       (2)     A rail safety officer must produce his or her identity card for
8               inspection on request when exercising a function under this Law.
9       (3)     If a person to whom an identity card has been issued ceases to be a
10              rail safety officer, the person must return the identity card to the
11              Regulator as soon as practicable.
12              Maximum penalty: $5 000.

13   137.       Accountability of rail safety officers
14      (1)     A rail safety officer must give written notice to the Regulator of all
15              interests, pecuniary or otherwise, that the officer has, or acquires, and
16              that conflict or could conflict with the proper exercise of the officer's
17              functions.
18      (2)     The Regulator must give a direction to a rail safety officer not to deal,
19              or to no longer deal, with a matter if the Regulator becomes aware
20              that the officer has a potential conflict of interest in relation to a
21              matter and the Regulator considers that the officer should not deal, or
22              should no longer deal, with the matter.

23   138.       Suspension and ending of appointment of rail safety officers
24      (1)     The Regulator may suspend or end the appointment of a rail safety
25              officer.
26      (2)     A person's appointment as a rail safety officer ends when the person
27              ceases to be eligible for appointment as a rail safety officer.

28     Division 3 -- Regulator has functions and powers of rail safety officers

29   139.       Regulator has functions and powers of rail safety officers
30      (1)     The Regulator has all the functions and powers that a rail safety
31              officer has under this Law.

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1       (2)   Accordingly, a reference in this Law to a rail safety officer includes a
2             reference to the Regulator.

3             Division 4 -- Functions and powers of rail safety officers

4    140.     Functions and powers
5             A rail safety officer has the following functions and powers under this
6             Law --
7               (a)   to provide information and advice about compliance with this
8                     Law;
9               (b)   to require compliance with this Law through the issuing of
10                    notices;
11              (c)   to investigate contraventions of this Law and assist in the
12                    prosecution of offences;
13              (d)   other functions or powers conferred by the national
14                    regulations.

15   141.     Conditions on rail safety officers' powers
16            A rail safety officer's powers under this Law are subject to any
17            conditions specified in the instrument of the officer's appointment.

18   142.     Rail safety officers subject to Regulator's directions
19      (1)   A rail safety officer is subject to the directions of the Regulator in the
20            exercise of his or her powers under this Law.
21      (2)   A direction under subsection (1) may be of a general nature or may
22            relate to a specified matter or specified class of matter.

23                      Division 5 -- Powers relating to entry
24                    Subdivision 1 -- General powers of entry

25   143.     Powers of entry
26      (1)   A rail safety officer may at any time enter a place that is, or that the
27            officer reasonably suspects is, railway premises.
28      (2)   If a rail safety officer enters a place under subsection (1) and it is not
29            railway premises, the officer must leave the place immediately.


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1       (3)     A rail safety officer may enter a place that adjoins railway premises if
2               the entry is urgently required for the purpose of dealing with a railway
3               accident or incident.
4       (4)     An entry may be made under subsection (1) or (3) with or without the
5               consent of the person with control or management of the place.
6       (5)     A rail safety officer may enter any place if the entry is authorised by a
7               search warrant.
8               Note: A rail safety officer may enter residential premises to gain access to
9                     railway premises -- see section 153(c).

10   144.       Notification of entry
11      (1)     A rail safety officer may enter a place under section 143 without prior
12              notice to any person.
13      (2)     A rail safety officer must, as soon as practicable after entry to a place
14              that is, or that the officer reasonably suspects is, railway premises,
15              take all reasonable steps to notify the person with control or
16              management of the place.
17      (3)     However, a rail safety officer is not required to notify any person if to
18              do so would defeat the purpose for which the place was entered or
19              cause unreasonable delay.

20   145.       General powers on entry
21      (1)     A rail safety officer who enters a place under section 143 may do any
22              of the following --
23                (a)    inspect, examine and make inquiries at the place;
24                (b)    inspect and examine any thing (including a document) at the
25                       place;
26                (c)    bring to the place and use any equipment or materials that
27                       may be required;
28                (d)    enter or open, using reasonable force, rail infrastructure,
29                       rolling stock, a road vehicle or other thing to examine the
30                       structure, rolling stock, road vehicle or other thing;
31                (e)    give directions with respect to the stopping or movement of
32                       any rolling stock or road vehicle;



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1            (f)     take measurements, make surveys and take levels and, for
2                    those purposes, dig trenches, break up the soil and set up any
3                    posts, stakes or markers;
4            (g)     conduct tests and make sketches or recordings (including
5                    photographs, films, audio, video, digital or other recordings);
6            (h)     mark, tag or otherwise identify rolling stock, a road vehicle or
7                    other thing;
8            (i)         seize any thing (including a document) at the place if the
9                        officer reasonably believes the thing is evidence of an offence
10                       against this Law;
11           (j)     take and remove for analysis, testing or examination a sample
12                   of any substance or thing without paying for it;
13           (k)     require a person at the place to give the officer reasonable
14                   help to exercise the officer's powers under paragraphs (a)
15                   to (j);
16           (l)         exercise any power that is reasonably necessary to be
17                       exercised by the officer for the purposes of this Law.
18   (2)   A film, photograph, video or digital recording, or other image, taken
19         under subsection (1)(g) of rail infrastructure, or of any part of rail
20         infrastructure, is not inadmissible as evidence by reason only of the
21         fact that it includes the likeness of 1 or more persons if the capturing
22         of that likeness is incidental to the taking of the film, photograph,
23         video or digital recording, or other image.
24   (3)   A person required to give reasonable help under subsection (1)(k)
25         must not, without reasonable excuse, fail to comply with the
26         requirement.
27         Maximum penalty:
28                 (a)      in the case of an individual -- $10 000;
29                 (b)      in the case of a body corporate -- $50 000.
30   (4)   Subsection (3) places an evidential burden on the accused to show a
31         reasonable excuse.
32   (5)   In this section --
33         reasonable help includes --
34           (a)     assistance to enable the rail safety officer to find and gain
35                   access to electronically stored material and information; and

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1                 (b)    unloading rolling stock; and
2                 (c)    running the engine of a locomotive; and
3                 (d)    driving a train; and
4                 (e)    giving the rail safety officer assistance to enter any rail
5                        infrastructure or any part of rail infrastructure, or open rolling
6                        stock or any part of rolling stock.

7    146.       Persons assisting rail safety officers
8       (1)     A person (the assistant), including an interpreter, may accompany a
9               rail safety officer entering a place under this Part to assist the officer
10              if the officer considers the assistance necessary.
11      (2)     The assistant --
12                (a)    may do such things at the place and in such manner as the rail
13                       safety officer reasonably requires to assist the officer in the
14                       exercise of his or her powers under this Law; but
15                (b)    must not do anything that the officer does not have power to
16                       do, except as permitted under a search warrant.
17      (3)     Anything done lawfully by the assistant is taken for all purposes to
18              have been done by the rail safety officer.

19   147.       Use of electronic equipment
20      (1)     Without limiting section 145, if --
21               (a) a thing found in or on rolling stock or a road vehicle, or at a
22                     place, is, or includes, a disk, tape or other device for the
23                     storage of information; and
24               (b) the equipment in or on the rolling stock or road vehicle, or at
25                     the place, may be used with the disk, tape or other device,
26              the rail safety officer, or a person assisting the officer, may operate
27              the equipment to access the information.
28      (2)     A rail safety officer, or a person assisting a rail safety officer, must
29              not operate or seize equipment for the purpose mentioned in this
30              section unless the officer or person assisting believes on reasonable
31              grounds that the operation or seizure of the equipment can be carried
32              out without damage to the equipment.


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1    148.     Use of equipment to examine or process things
2       (1)   Without limiting section 145, a rail safety officer exercising a power
3             under this Part may bring to, onto, or into, rolling stock, a road
4             vehicle or a place any equipment reasonably necessary for the
5             examination or processing of things found at, on or in the rolling
6             stock, road vehicle or place in order to determine whether they are
7             things that may be seized.
8       (2)   The rail safety officer, or a person assisting the officer, may operate
9             equipment already in or on the rolling stock or road vehicle, or at the
10            place, to carry out the examination or processing of a thing found in
11            or on the rolling stock or road vehicle, or at the place in order to
12            determine whether it is a thing that may be seized, if the officer or
13            person assisting believes on reasonable grounds that --
14              (a)   the equipment is suitable for the examination or the
15                    processing; and
16              (b)   the examination or processing can be carried out without
17                    damage to the equipment.

18   149.     Securing a site
19      (1)   For the purpose of protecting evidence that might be relevant for
20            compliance or investigative purposes, an authorised officer may
21            secure the perimeter of any site at a place by whatever means the
22            authorised officer considers appropriate.
23      (2)   A person must not, without the permission of an authorised officer,
24            enter or remain at a site the perimeter of which is secured under this
25            section.
26            Maximum penalty: $10 000.
27      (3)   Subsection (2) does not apply if the person enters the site, or remains
28            at the site --
29              (a)   to ensure the safety of persons; or
30              (b)   to remove deceased persons or animals from the site; or
31              (c)   to move a road vehicle, or the wreckage of a road vehicle, to
32                    a safe place; or
33              (d)   to protect the environment from significant damage or
34                    pollution.


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1       (4)     An authorised officer must not unreasonably withhold a permission
2               referred to in subsection (2).
3       (5)     In this section --
4               authorised officer means a rail safety officer or a police officer.
5               Note: See also Part 5 Division 3 which provides for the issue of a
6                     non-disturbance notice.

7                              Subdivision 2 -- Search warrants

8    150.       Search warrants
9       (1)     A rail safety officer may apply to a magistrate for a search warrant for
10              a place.
11      (2)     Subject to subsection (6), the application must be sworn and state the
12              grounds on which the warrant is sought.
13      (3)     The magistrate may refuse to consider the application until the rail
14              safety officer gives the magistrate all the information the magistrate
15              requires about the application in the way the magistrate requires.
16              Example:     The magistrate may require additional information supporting the
17                           application to be given by statutory declaration.

18      (4)     The magistrate may issue a search warrant only if the magistrate is
19              satisfied there are reasonable grounds for suspecting --
20                (a)      there is a particular thing or activity (the evidence) that may
21                         provide evidence of an offence against this Law; and
22                (b)      the evidence is, or may be within the next 72 hours, at the
23                         place.
24      (5)     Subject to subsection (6), the search warrant must state --
25                (a)      that a stated rail safety officer may, with necessary and
26                         reasonable help and force, enter the place and exercise the
27                         powers of the officer; and
28                (b)      the offence for which the search warrant is sought; and
29                (c)      the evidence that may be seized under the search warrant; and
30                (d)      the hours of the day or night when the place may be entered;
31                         and



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1            (e)   the date, within 7 days after the search warrant's issue, the
2                  search warrant ends.
3    (6)   A rail safety officer may apply to a magistrate for a search warrant by
4          telephone, fax or other prescribed means if the officer considers the
5          urgency of the situation requires it and, in such a case, the following
6          provisions will apply --
7            (a)   the magistrate may complete and sign the warrant without the
8                  provision of sworn evidence and without a written application
9                  that states the grounds on which the warrant is sought if the
10                 magistrate is satisfied that there are reasonable grounds for
11                 issuing the warrant urgently;
12           (b)   if the magistrate completes and signs a warrant under
13                 paragraph (a), the magistrate must then tell the officer --
14                   (i)    the terms of the warrant (as contemplated by
15                          subsection (5)); and
16                   (ii)   the date on which, and the time at which, the warrant
17                          was signed;
18           (c)   if steps are taken under paragraph (b), the officer must
19                 then --
20                    (i) complete a form of warrant in the same terms as the
21                          warrant signed by the magistrate and write on the
22                          form --
23                             (A)    the name of the magistrate; and
24                             (B)    the date on which, and the time at which,
25                                    the warrant was signed;
26                          and
27                   (ii)   send the magistrate the completed form of warrant
28                          not later than the day after the warrant is executed or
29                          comes to an end;
30           (d)   a form of warrant completed by an officer under
31                 paragraph (c) has the same force and effect as a warrant
32                 signed by the magistrate under subsections (4) and (5).




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1    151.       Announcement before entry on warrant
2       (1)     Before executing a search warrant, the rail safety officer named in the
3               warrant or an assistant to the officer must --
4                 (a)    announce that he or she is authorised by the warrant to enter
5                        the place; and
6                 (b)    give any person at the place an opportunity to allow that
7                        entry.
8       (2)     However, the rail safety officer or an assistant to the officer need not
9               comply with subsection (1) if he or she believes on reasonable
10              grounds that immediate entry to the place is needed to ensure --
11                (a)    the safety of any person; or
12                (b)    that the effective execution of the warrant is not frustrated.

13   152.       Copy of warrant to be given to person with control or
14              management of place
15              If the person who has or appears to have control or management of a
16              place is present at the place when a search warrant is being executed,
17              the rail safety officer must --
18                (a)    identify himself or herself to that person by producing his or
19                       her identity card for inspection; and
20                (b)    give that person a copy of the warrant.
21                      Subdivision 3 -- Limitation on entry powers

22   153.       Places used for residential purposes
23              Despite anything else in this Division, the powers of a rail safety
24              officer under this Part in relation to entering a place are not
25              exercisable in respect of any part of a place that is used only for
26              residential purposes except --
27                (a)    with the consent of the person with control or management of
28                       the place; or
29                (b)    under the authority conferred by a search warrant; or




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1               (c)   for the sole purpose of gaining access to suspected railway
2                     premises, but only --
3                        (i)   if the officer reasonably believes that no reasonable
4                              alternative access is available; and
5                       (ii)   at a reasonable time, having regard to the times at
6                              which the officer believes rail safety work is being
7                              carried out at the place to which access is sought.
8                     Subdivision 4 -- Specific powers on entry

9    154.     Power to require production of documents and answers to
10            questions
11      (1)   A rail safety officer who enters a place under this Division may --
12              (a) require a person to tell the officer who has custody of, or
13                     access to, a document; or
14              (b) require a person who has custody of, or access to, a document
15                     to produce that document to the officer while the officer is at
16                     the place, or within a specified period; or
17              (c) require a person at the place to answer any questions put by
18                     the officer.
19      (2)   A requirement under subsection (1)(b) must be made by written notice
20            unless the circumstances require the rail safety officer to have
21            immediate access to the document.
22      (3)   An interview conducted by a rail safety officer under subsection (1)(c)
23            must be conducted in private if --
24             (a) the rail safety officer considers it appropriate; or
25              (b)   the person being interviewed so requests.
26      (4)   Subsection (3) does not limit the operation of section 146 or prevent a
27            representative of the person being interviewed from being present at
28            the interview.
29      (5)   Subsection (3) may be invoked during an interview by --
30              (a)   the rail safety officer; or
31              (b)   the person being interviewed,
32            in which case the subsection applies to the remainder of the interview.


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1       (6)     A person must not, without reasonable excuse, fail to comply with a
2               requirement under this section.
3               Maximum penalty:
4                       (a)   in the case of an individual -- $5 000;
5                       (b)   in the case of a body corporate -- $25 000.
6       (7)     Subsection (6) places an evidential burden on the accused to show a
7               reasonable excuse.

8    155.       Abrogation of privilege against self-incrimination
9       (1)     A person is not excused from answering a question or providing
10              information or a document under this Part on the ground that the
11              answer to the question, or the information or document, may tend to
12              incriminate the person or expose the person to a penalty.
13      (2)     However, the answer to a question or information or a document
14              provided by an individual is not admissible as evidence against that
15              individual in civil or criminal proceedings other than proceedings
16              arising out of the false or misleading nature of the answer,
17              information or document.

18   156.       Warning to be given
19      (1)     Before requiring a person to answer a question or provide information
20              or a document under this Part, a rail safety officer must --
21                (a) identify himself or herself to the person as a rail safety officer
22                      by producing the officer's identity card or in some other way;
23                      and
24                (b)     warn the person that failure to comply with the requirement
25                        or to answer the question, without reasonable excuse, would
26                        constitute an offence; and
27                (c)     warn the person about the effect of section 155; and
28                (d)     advise the person about the effect of section 245.
29      (2)     It is not an offence for an individual to refuse to answer a question put
30              by a rail safety officer or provide information or a document to a rail
31              safety officer under this Part on the ground that the question,
32              information or document might tend to incriminate him or her, unless
33              he or she was first given the warning in subsection (1)(c).


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1       (3)   Nothing in this section prevents a rail safety officer from obtaining
2             and using evidence given to the officer voluntarily by any person.

3    157.     Power to copy and retain documents
4       (1)   A rail safety officer may --
5               (a) make copies of, or take extracts from, a document given to
6                      the officer in accordance with a requirement under this Law;
7                      and
8               (b)   keep that document for the period that the officer considers
9                     necessary.
10      (2)   While a rail safety officer retains custody of a document, the officer
11            must permit the following persons to inspect or make copies of the
12            document at all reasonable times:
13              (a)   the person who produced the document;
14              (b)   the owner of the document;
15              (c)   a person authorised by a person referred to in paragraph (a)
16                    or (b).
17                    Subdivision 5 -- Powers to support seizure

18   158.     Power to seize evidence etc
19      (1)   A rail safety officer who enters railway premises under section 143
20            may seize anything (including a document) at the premises if the
21            officer reasonably believes the thing is evidence of an offence against
22            this Law.
23      (2)   A rail safety officer who enters a place with a search warrant may
24            seize the evidence for which the warrant was issued.
25      (3)   A rail safety officer may also seize anything else at the place if the
26            officer reasonably believes --
27              (a)   the thing is evidence of an offence against this Law; and
28              (b)   the seizure is necessary to prevent the thing being hidden, lost
29                    or destroyed or used to continue or repeat the offence.




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1    159.       Directions relating to seizure
2       (1)     To enable a thing to be seized under this Part, a rail safety officer may
3               direct the person in control of it --
4                 (a)      to take it to a specified place within a specified time; and
5                 (b)      if necessary, to remain in control of it at the specified place
6                          for a period specified in the direction.
7       (2)     A direction under subsection (1) --
8                 (a)      must be given by signed written notice given to the person; or
9                 (b)      if for any reason it is not practicable to give a signed written
10                         notice to the person -- may be given orally and confirmed by
11                         signed written notice given to the person as soon as is
12                         practicable.
13      (3)     A further direction may be made under this section about the thing if
14              it is necessary and reasonable to make the further direction.
15              Example:     A further direction may (for example) be that the thing be
16                           transported during stated off-peak hours, be transported along a
17                           particular route, or be transported in a particular way.

18      (4)     A person given a direction under subsection (1) or (3) must comply
19              with that direction unless the person has a reasonable excuse.
20              Maximum penalty: $5 000.
21      (5)     Subsection (4) places an evidential burden on the accused to show a
22              reasonable excuse.
23      (6)     Without limiting what may otherwise be a reasonable excuse under
24              subsection (4), it is a reasonable excuse for a person in control of a
25              thing not to comply with a direction under subsection (1) or (3) if, in
26              all the circumstances, the direction was unreasonable.
27      (7)     In this section --
28              in control, in relation to a thing, means having, or reasonably
29              appearing to a rail safety officer as having, authority to exercise
30              control over the thing.

31   160.       Rail safety officer may direct a thing's return
32      (1)     If a rail safety officer has directed a person to take a thing to a
33              specified place within a specified time under section 159(1), a rail

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1             safety officer may direct the person to return the thing to the place
2             from which it was taken.
3       (2)   A person given a direction under subsection (1) must comply with
4             that direction unless the person has a reasonable excuse.
5             Maximum penalty: $5 000.
6       (3)   Subsection (2) places an evidential burden on the accused to show a
7             reasonable excuse.

8    161.     Receipt for seized things
9       (1)   After a rail safety officer seizes a thing under this Part, the officer
10            must give a receipt for it to the person from whom the thing was
11            seized or the owner of the thing.
12      (2)   However, if for any reason it is not practicable to comply with
13            subsection (1), the rail safety officer must leave the receipt at the
14            place of seizure in a conspicuous position and in a reasonably secure
15            way.
16      (3)   The receipt must describe generally the thing seized and its condition.
17      (4)   This section does not apply if it would be impracticable or
18            unreasonable to expect the rail safety officer to account for the thing,
19            given its condition, nature and value.

20   162.     Forfeiture of seized things
21      (1)   A seized thing is forfeited to the Regulator if the Regulator --
22              (a) cannot find the person entitled to the thing after making
23                    reasonable inquiries; or
24              (b) cannot return it to the person entitled to it, after making
25                    reasonable efforts; or
26              (c) reasonably believes it is necessary to forfeit the thing to
27                    prevent it being used to commit an offence against this Law.
28      (2)   Subsection (1)(a) does not require the Regulator to make inquiries if it
29            would be unreasonable to make inquiries to find the person entitled to
30            the thing.




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1       (3)     Subsection (1)(b) does not require the Regulator to make efforts if it
2               would be unreasonable to make efforts to return the thing to the
3               person entitled to it.
4       (4)     If the Regulator decides to forfeit the thing under subsection (1)(c),
5               the Regulator must tell the person entitled to the thing of the decision
6               by written notice.
7       (5)     Subsection (4) does not apply if --
8                 (a) the Regulator cannot find the person entitled to the thing,
9                       after making reasonable inquiries; or
10                (b) it is impracticable or would be unreasonable to give the
11                      notice.
12      (6)     The notice must state --
13                (a)   the reasons for the decision; and
14                (b)   information about the right of review under Part 7.
15      (7)     In deciding whether and, if so, what inquiries and efforts are
16              reasonable or whether it would be unreasonable to give notice about a
17              thing, regard must be had to the thing's nature, condition and value.
18      (8)     Any costs reasonably incurred by the Regulator in storing or
19              disposing of a thing forfeited under subsection (1)(c) may be
20              recovered in a court of competent jurisdiction as a debt due to the
21              Regulator from that person.
22      (9)     In this section --
23              person entitled to a thing means the person from whom it was seized
24              unless that person is not entitled to possess it in which case it means
25              the owner of the thing.

26   163.       Return of seized things
27      (1)     If a seized thing has not been forfeited under this Part, the person
28              entitled to the thing may apply to the Regulator for the return of the
29              thing after the end of 6 months after it was seized.
30      (2)     The Regulator must return the thing to the applicant under
31              subsection (1) unless the Regulator has reasonable grounds to retain
32              the thing.



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1       (3)   The Regulator may impose any conditions on the return of the thing
2             under this section that the Regulator considers appropriate to
3             eliminate or minimise any risk to rail safety related to the thing.
4       (4)   In this section --
5             person entitled to a thing means the person entitled to possess the
6             thing or the owner of the thing.

7    164.     Access to seized thing
8       (1)   Until a seized thing is forfeited or returned under this Part, a rail
9             safety officer must allow its owner to inspect it and, if it is a
10            document, to copy it.
11      (2)   Subsection (1) does not apply if it is impracticable or it would be
12            unreasonable to allow the inspection or copying.

13                     Division 6 -- Damage and compensation

14   165.     Damage etc to be minimised
15            In the exercise, or purported exercise, of a power under this Law, a
16            rail safety officer must take all reasonable steps to ensure that the
17            officer, and any assistant to the officer, cause as little inconvenience,
18            detriment and damage as is practicable.

19   166.     Rail safety officer to give notice of damage
20      (1)   This section applies if a rail safety officer or an assistant to a rail
21            safety officer damages a thing when exercising or purporting to
22            exercise a power under this Law.
23      (2)   The rail safety officer must, as soon as practicable, give written notice
24            of the damage to the person whom the officer believes on reasonable
25            grounds is the person in control of the thing.
26      (3)   If the rail safety officer believes the damage was caused by a latent
27            defect in the thing or circumstances beyond the officer's or assistant's
28            control, the officer may state it in the notice.
29      (4)   If, for any reason, it is impracticable to comply with subsection (2),
30            the rail safety officer must leave the notice in a conspicuous position
31            and in a reasonably secure way where the damage happened.


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1       (5)     This section does not apply to damage the rail safety officer
2               reasonably believes is trivial.

3    167.       Compensation
4       (1)     A person may claim compensation from the Regulator if the person
5               incurs loss or expense because of the exercise or purported exercise of
6               a power under Division 5.
7       (2)     Compensation may be claimed and ordered in a proceeding --
8                 (a)   brought in a court of competent jurisdiction; or
9                 (b)   for an offence against this Law brought against the person
10                      claiming compensation.
11      (3)     The court may order compensation to be paid only if it is satisfied it is
12              just to make the order in the circumstances of the particular case.
13      (4)     The national regulations may prescribe matters that may, or must, be
14              taken into account by the court when considering whether it is just to
15              make the order.

16                              Division 7 -- Other matters

17   168.       Power to require name and address
18      (1)     A rail safety officer may require a person to provide the person's
19              name and residential address if --
20                (a) the officer finds the person committing an offence against this
21                       Law; or
22                (b) the officer finds the person in circumstances that lead, or has
23                       information that leads, the officer to reasonably suspect the
24                       person has committed an offence against this Law; or
25                (c)   the officer reasonably believes that the person may be able to
26                      assist in the investigation of an offence against this Law.
27      (2)     When asking a person to provide the person's name and residential
28              address, the rail safety officer must --
29                (a)   tell the person the reason for the requirement to provide the
30                      person's name and residential address; and




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1               (b)      warn the person that it is an offence to fail to state that name
2                        and residential address, unless the person has a reasonable
3                        excuse.
4       (3)   If the rail safety officer reasonably believes that the name or
5             residential address is false, the officer may require the person to give
6             evidence of its correctness.
7       (4)   A person must not, without reasonable excuse, fail to comply with a
8             requirement under subsection (1) or (3).
9             Maximum penalty: $5 000.
10      (5)   Subsection (4) places an evidential burden on the accused to show a
11            reasonable excuse.

12   169.     Rail safety officer may take affidavits
13            A rail safety officer is authorised to take affidavits for any purpose
14            relating or incidental to the exercise of his or her powers under this
15            Law.

16   170.     Attendance of rail safety officer at inquiries
17            A rail safety officer may participate in any inquiry into the cause of
18            any death or injury of a rail safety worker while carrying out rail
19            safety work, or into any other incident or event relevant to safety at
20            railway premises.

21   171.     Directions may be given under more than 1 provision
22      (1)   A rail safety officer may, on the same occasion, give directions under
23            1 or more provisions of this Law.
24      (2)   Without limiting subsection (1), a rail safety officer may, in the
25            course of exercising powers under a provision of this Law, give --
26              (a) further directions under the provision; or
27              (b)      directions under 1 or more other provisions of this Law,
28            or both.




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1                Division 8 -- Offences in relation to rail safety officers

2    172.       Offence to hinder or obstruct rail safety officer
3               A person must not intentionally hinder or obstruct a rail safety officer
4               in exercising his or her powers under this Law, or induce or attempt to
5               induce any other person to do so.
6               Maximum penalty: $10 000.

7    173.       Offence to impersonate rail safety officer
8               A person who is not a rail safety officer must not, in any way, hold
9               himself or herself out to be a rail safety officer.
10              Maximum penalty: $10 000.

11   174.       Offence to assault, threaten or intimidate rail safety officer
12              A person must not directly or indirectly assault, threaten or intimidate,
13              or attempt to assault, threaten or intimidate, a rail safety officer or a
14              person assisting a rail safety officer.
15              Maximum penalty:
16                      (a)      in the case of an individual -- $50 000 or imprisonment
17                               for 2 years, or both;
18                      (b)      in the case of a body corporate -- $250 000.

19                              Part 5 -- Enforcement measures

20                               Division 1 -- Improvement notices

21   175.       Issue of improvement notices
22      (1)     This section applies if a rail safety officer reasonably believes that a
23              person --
24                (a)         is contravening a provision of this Law; or
25                (b)     has contravened a provision of this Law in circumstances that
26                        make it likely that the contravention will continue or be
27                        repeated; or
28                (c)         is carrying out or has carried out --
29                              (i)   railway operations that threaten safety; or


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1                    (ii)   other operations that threaten rail safety.
2    (2)   Subject to this section, the rail safety officer may issue an
3          improvement notice requiring the person --
4            (a)   to remedy the contravention; or
5            (b)   to prevent a likely contravention from occurring; or
6            (c)   to remedy the things or operations causing the contravention
7                  or likely contravention; or
8            (d)   to carry out railway operations or other operations so that
9                  safety is not threatened or likely to be threatened.
10   (3)   Before serving an improvement notice issued to a person on a ground
11         stated in subsection (1)(a) or (b) that includes a direction that the
12         person take specified action to remedy the contravention or prevent
13         the likely contravention, or to remedy the things or operations causing
14         the contravention or likely contravention, the Regulator must, if of the
15         opinion that the action is likely to result in significant costs or
16         expenses to the person or any other person --
17            (a) conduct or cause to be conducted a cost-benefit analysis of
18                  the effect of the action; and
19           (b) consult with the Premier or Chief Minister, the Treasurer, and
20                  any other Minister, of a participating jurisdiction whose area
21                  of responsibility is likely to be affected by the action.
22   (4)   Before serving an improvement notice issued to a person on a ground
23         stated in subsection (1)(c) that includes a direction that the person
24         take specified action by which railway operations or other operations
25         may be carried out so that safety is not threatened or likely to be
26         threatened, the Regulator must, if of the opinion that the action is
27         likely to result in significant costs or expenses to the person or any
28         other person --
29           (a)   conduct or cause to be conducted a cost-benefit analysis of
30                 the effect of the action; and
31           (b)   consult with the Premier or Chief Minister, the Treasurer, and
32                 any other Minister, of a participating jurisdiction whose area
33                 of responsibility is likely to be affected by the action.
34   (5)   Subsections (3) and (4) do not apply if the Regulator considers it
35         necessary to take immediate action in the interests of safety but, if the


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1               action is likely to result in significant costs or expenses to the person
2               or any other person, the Regulator must, as soon as practicable after
3               taking the action --
4                 (a) conduct or cause to be conducted a cost-benefit analysis of
5                        the effect of the action; and
6                 (b) consult with the Premier or Chief Minister, the Treasurer, and
7                        any other Minister, of a participating jurisdiction whose area
8                        of responsibility is likely to be affected by the action.

9    176.       Contents of improvement notices
10      (1)     An improvement notice must --
11                (a)   if the notice relates to a contravention or likely contravention
12                      of this Law --
13                         (i)   state that the rail safety officer believes the person --
14                                  (A)    is contravening a provision of this Law; or
15                                  (B)    has contravened a provision of this Law in
16                                         circumstances that make it likely that the
17                                         contravention will continue or be repeated;
18                               and
19                        (ii)   state the provision the officer believes is being, or has
20                               been, contravened; and
21                       (iii)   briefly, state how the provision is being, or has been,
22                               contravened; and
23                       (iv)    state the day before which the person is required to
24                               remedy the contravention or likely contravention;
25                      and
26                (b)   in any other case --
27                         (i)   state that the rail safety officer believes the person is
28                               carrying out or has carried out --
29                                  (A) railway operations that threaten safety; or
30                                  (B)    other operations that threaten rail safety;
31                               and




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1                            (ii)    briefly, state how --
2                                       (A) the railway operations are threatening, or
3                                               have threatened, safety; or
4                                       (B)    the other operations are threatening, or have
5                                              threatened, rail safety;
6                                    and
7                            (iii)   state the day before which the person is required to
8                                    carry out railway operations or other operations so
9                                    that safety is not threatened or likely to be threatened;
10                      and
11              (c)     if a cost-benefit analysis has been carried out under
12                      section 175, set out the results of that analysis; and
13              (d)     set out the penalty for non-compliance with the notice; and
14              (e)         include information about the right to a review under Part 7
15                          of the decision to serve the notice; and
16              (f)     state that the notice is served under this section.
17      (2)   An improvement notice served on a person on a ground stated in
18            section 175(1)(a) or (b) may include directions concerning the action
19            to be taken to remedy the contravention or prevent the likely
20            contravention, or the things or operations causing the contravention or
21            likely contravention, to which the notice relates.
22      (3)   An improvement notice served on a person on the ground stated in
23            section 175(1)(c) may include directions concerning the action to be
24            taken by which railway operations or other operations to which the
25            notice relates may be carried out so that safety is not threatened or
26            likely to be threatened.
27      (4)   The day stated for compliance with the improvement notice must be
28            reasonable in all the circumstances.

29   177.     Compliance with improvement notice
30            The person to whom an improvement notice is issued must comply
31            with the notice within the period specified in the notice.
32            Maximum penalty:
33                    (a)      in the case of an individual -- $50 000;


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1                       (b)      in the case of a body corporate -- $500 000.

2    178.       Extension of time for compliance with improvement notices
3       (1)     This section applies if a person has been issued with an improvement
4               notice.
5       (2)     A rail safety officer may, by written notice given to the person, extend
6               the compliance period for the improvement notice.
7       (3)     However, the rail safety officer may only extend the compliance
8               period if the period has not ended.
9       (4)     In this section --
10              compliance period means the period stated in the improvement notice
11              under section 176, and includes that period as extended under this
12              section.

13                                Division 2 -- Prohibition notices

14   179.       Issue of prohibition notice
15      (1)     This section applies if a rail safety officer reasonably believes that --
16                (a)         an activity is occurring in relation to railway operations or
17                            railway premises that involves or will involve an immediate
18                            risk to safety; or
19                (b)     an activity may occur in relation to railway operations or
20                        railway premises that, if it occurs, will involve an immediate
21                        risk to safety; or
22                (c)     an activity may occur at, on, or in, the immediate vicinity of
23                        rail infrastructure or rolling stock that, if it occurs, will
24                        involve an immediate risk to safety.
25      (2)     The rail safety officer may issue a prohibition notice to a person who
26              has, or appears to have, control over the activity prohibiting the
27              carrying on of the activity, or the carrying on of the activity in a
28              specified way, until a rail safety officer is satisfied that the matters
29              that give or will give rise to the risk have been remedied.
30      (3)     A prohibition notice may be issued orally, but must be confirmed by
31              written notice given to the person as soon as practicable.



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1    180.     Contents of prohibition notice
2       (1)   A prohibition notice must --
3               (a)   state that the rail safety officer believes that grounds for the
4                     issue of the prohibition notice exist and the basis for that
5                     belief; and
6               (b)   briefly, state the activity that the officer believes involves or
7                     will involve the risk and the matters that give or will give rise
8                     to the risk; and
9               (c)   state the provision (if any) of this Law that the officer
10                    believes is being, or is likely to be, contravened by that
11                    activity; and
12              (d)   set out the penalty for contravening the notice; and
13              (e)   include information about the right to a review under Part 7
14                    of the decision to serve the notice; and
15              (f)   state that the notice is served under this section.
16      (2)   A prohibition notice may include directions on the measures to be
17            taken to remedy the risk, activities or matters to which the notice
18            relates, or the contravention or likely contravention mentioned in
19            subsection (1)(c).
20      (3)   A direction in a prohibition notice may offer the person on whom the
21            notice has been served a choice of ways to remedy the risk, activities
22            or matters to which the notice relates, or the contravention or likely
23            contravention mentioned in subsection (1)(c).
24      (4)   Without limiting section 179, a prohibition notice that prohibits the
25            carrying on of an activity in a specified way may do so by specifying
26            1 or more of the following --
27              (a) a place, or part of a place, at which the activity is not to be
28                    carried out;
29              (b)   any thing that is not to be used in connection with the
30                    activity;
31              (c)   any procedure that is not to be followed in connection with
32                    the activity.




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1    181.       Compliance with prohibition notice
2               The person to whom a direction is given under this Division or a
3               prohibition notice is issued must comply with the direction or notice.
4               Maximum penalty:
5                       (a)      in the case of an individual -- $150 000;
6                       (b)      in the case of a body corporate -- $1 500 000.

7                              Division 3 -- Non-disturbance notices

8    182.       Issue of non-disturbance notice
9               A rail safety officer may issue a non-disturbance notice to the person
10              with control or management of railway premises if the officer
11              reasonably believes that it is necessary to do so to facilitate the
12              exercise of his or her powers under this Law.

13   183.       Contents of non-disturbance notice
14      (1)     A non-disturbance notice may require the person to --
15                (a) preserve the site at which a notifiable occurrence has
16                     occurred for a specified period; or
17                (b) prevent the disturbance of a particular site (including the
18                     operation of plant) in other circumstances for a specified
19                     period that is reasonable in the circumstances.
20      (2)     A non-disturbance notice must specify the period (of no more than
21              7 days) for which it applies and set out --
22                (a) the obligations of the person to whom the notice is issued;
23                       and
24                (b) the measures to be taken to preserve a site or prevent
25                       disturbance of a site; and
26                (c)         information about the right to a review under Part 7 of the
27                            decision to serve the notice; and
28                (d)     the penalty for contravening the notice.
29      (3)     In subsection (1), a reference to a site includes any plant, substance,
30              structure or thing associated with the site.




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1       (4)   A non-disturbance notice does not prevent any action --
2               (a) to assist an injured person; or
3               (b)     to remove a deceased person; or
4               (c)     that is essential to make the site safe or prevent a further
5                       incident; or
6               (d)     that is associated with a police investigation; or
7               (e)         in respect of which a rail safety officer has given permission.

8    184.     Compliance with non-disturbance notice
9       (1)   A person must not, without reasonable excuse, fail to comply with a
10            non-disturbance notice issued to the person.
11            Maximum penalty:
12                    (a)      in the case of an individual -- $20 000;
13                    (b)      in the case of a body corporate -- $100 000.
14      (2)   Subsection (1) places an evidential burden on the accused to show a
15            reasonable excuse.

16   185.     Issue of subsequent notices
17            If a rail safety officer considers it necessary to do so, he or she may
18            issue 1 or more subsequent non-disturbance notices to a person,
19            whether before or after the expiry of the previous notice, each of
20            which must comply with section 183.

21             Division 4 -- General requirements applying to notices

22   186.     Application of Division
23            In this Division --
24            notice means an improvement notice, or a prohibition notice or
25            non-disturbance notice.

26   187.     Notice to be in writing
27      (1)   Subject to subsection (2), a notice must be in writing.
28      (2)   A prohibition notice may be issued orally, but must be confirmed by
29            written notice as soon as practicable.


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1    188.       Directions in notices
2               A direction included in an improvement notice or prohibition notice
3               may --
4                 (a)   refer to an approved code of practice; and
5                 (b)   offer the person to whom it is issued a choice of ways in
6                       which to remedy the contravention.

7    189.       Recommendations in notice
8       (1)     An improvement notice or prohibition notice may include
9               recommendations.
10      (2)     It is not an offence to fail to comply with recommendations in an
11              improvement notice or a prohibition notice.

12   190.       Variation or cancellation of notice by rail safety officer
13      (1)     A rail safety officer may make minor changes to a notice --
14                (a) for clarification; or
15                (b)   to correct errors or references; or
16                (c)   to reflect changes of address or other circumstances.
17      (2)     A rail safety officer may extend the compliance period for an
18              improvement notice in accordance with section 178.
19      (3)     A rail safety officer may cancel a notice.

20   191.       Formal irregularities or defects in notice
21              A notice is not invalid merely because of --
22                (a) a formal defect or irregularity in the notice unless the defect
23                      or irregularity causes or is likely to cause substantial
24                      injustice; or
25                (b)   a failure to use the correct name of the person to whom the
26                      notice is issued if the notice sufficiently identifies the person
27                      and is issued or given to the person in accordance with
28                      section 192.




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1    192.     Serving notices
2       (1)   A notice may be served on a person --
3               (a)   in accordance with section 258; or
4               (b)   by leaving it for the person at the railway premises to which
5                     the notice relates with a person who is or appears to be the
6                     person with control or management of the premises; or
7               (c)   in a prescribed manner.
8       (2)   The national regulations may prescribe --
9               (a) the manner of serving a notice; and
10              (b) the steps a person on whom a notice is served must take to
11                    bring it to the attention of other persons.

12                          Division 5 -- Remedial action

13   193.     When Regulator may carry out action
14      (1)   This section applies if a person to whom a prohibition notice is issued
15            fails to take reasonable steps to comply with the notice.
16      (2)   The Regulator may take any remedial action the Regulator believes
17            reasonable to make the railway premises or situation safe after giving
18            written notice to the person to whom the prohibition notice was issued
19            of --
20              (a)   the Regulator's intention to take that action; and
21              (b)   the owner's or person's liability for the costs of that action.

22   194.     Power of Regulator to take other remedial action
23      (1)   This section applies if the Regulator reasonably believes that --
24              (a)   circumstances in which a prohibition notice can be issued
25                    exist; and
26              (b)   a prohibition notice cannot be issued at railway premises
27                    because, after taking reasonable steps, the person with control
28                    or management of the premises cannot be found.
29      (2)   The Regulator may take any remedial action necessary to make the
30            railway premises safe.



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1    195.       Costs of remedial or other action
2               The Regulator may recover the reasonable costs of any remedial
3               action taken under --
4                 (a)   section 193 from the person to whom the notice is issued; or
5                 (b)   section 194 from any person to whom the prohibition notice
6                       could have been issued in respect of the matter,
7               as a debt due to the Regulator.

8                                Division 6 -- Injunctions

9    196.       Application of Division
10              In this Division --
11              notice means an improvement notice, or a prohibition notice or
12              non-disturbance notice.

13   197.       Injunctions for non-compliance with notices
14      (1)     The Regulator may apply to the court for an injunction --
15                (a) compelling a person to comply with a notice; or
16                (b)   restraining a person from contravening a notice.
17      (2)     The Regulator may do so --
18                (a) whether or not proceedings have been brought for an offence
19                     against this Law in connection with any matter in respect of
20                     which the notice was issued; and
21                (b)   whether any period for compliance with the notice has
22                      expired.

23                              Division 7 -- Miscellaneous

24   198.       Response to certain reports
25      (1)     The Regulator may, if of the opinion as a result of a report to which
26              this section applies that action is necessary for the purpose of the safe
27              construction or operation of a railway, direct a rail transport operator,
28              by written notice, to install on or with respect to the infrastructure of
29              the railway, or on or with respect to rolling stock, within the time



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1          specified in the notice, safety or protective systems, devices,
2          equipment or appliances specified in the notice.
3    (2)   A direction under this section must state the reasons why the
4          Regulator considers it is necessary for the rail transport operator to
5          take the action specified in the direction and include information
6          about the right of review under Part 7.
7    (3)   If the action specified to be taken in a direction is, in the opinion of
8          the Regulator, likely to result in significant costs or expenses to the
9          rail transport operator, the Regulator must, before giving the
10         direction --
11           (a)         conduct or cause to be conducted a cost-benefit analysis of
12                       the effect of taking the action; and
13           (b)     consult with the Premier or Chief Minister, the Treasurer, and
14                   any other Minister, of a participating jurisdiction whose area
15                   of responsibility is likely to be affected by the action.
16   (4)   A rail transport operator must not, without reasonable excuse, fail to
17         comply with a direction under this section.
18         Maximum penalty:
19             (a) in the case of an individual -- $150 000;
20                 (b)      in the case of a body corporate -- $1 500 000.
21   (5)   Subsection (4) places an evidential burden on the accused to show a
22         reasonable excuse.
23   (6)   A report to which this section applies is --
24           (a) a report (including any recommendations) following an
25                 inquest held by a coroner under an Act of a participating
26                 jurisdiction; or
27           (b)     a report of an investigation held under the Transport Safety
28                   Investigation Act 2003 of the Commonwealth; or
29           (c)     any other report of an investigation into a matter relating to
30                   rail safety.




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1    199.       Power to require works to stop
2       (1)     A person (other than a rail transport operator) must, before carrying
3               out any works near a railway that threaten, or are likely to threaten --
4                 (a)          the safety of the railway; or
5                 (b)      the operational integrity of the railway,
6               notify the relevant rail infrastructure manager of the intention to carry
7               out those works.
8               Maximum penalty:
9                        (a)      in the case of an individual -- $20 000;
10                       (b)      in the case of a body corporate -- $100 000.
11      (2)     If --
12                (a)      a person is carrying out, or proposes to carry out, works near
13                         a railway; and
14                (b)      the Regulator believes on reasonable grounds that the works
15                         threaten, or are likely to threaten --
16                               (i)   the safety of the railway; or
17                              (ii)   the operational integrity of the railway,
18              the Regulator may, by written notice, give the person a direction to
19              stop, alter or not to commence the work.
20      (3)     If --
21                 (a)         a rail transport operator is carrying out, or proposes to carry
22                             out, railway operations on or near land on which there is
23                             infrastructure, or works, of a utility; and
24                (b)      the Regulator believes on reasonable grounds that the railway
25                         operations threaten, or are likely to threaten --
26                           (i) the safety of the utility infrastructure or works; or
27                              (ii)   the safe provision by the utility of water, gas or
28                                     electricity or other like services,
29              the Regulator may, by written notice, give the operator a direction to
30              stop, alter or not to commence the railway operations.




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1       (4)   A person who is given a notice under subsection (2) or (3) must
2             comply with the direction set out in the notice unless the person has a
3             reasonable excuse.
4             Maximum penalty:
5                  (a)    in the case of an individual -- $20 000;
6                  (b)    in the case of a body corporate -- $100 000.
7       (5)   If a person carries out work in contravention of subsection (1) or a
8             direction given under subsection (2) or (3), the Regulator may, by
9             written notice, direct a person who has the care, control or
10            management of the land where the infrastructure or works are situated
11            to alter, demolish or take away the work within a reasonable time
12            specified in the notice.
13      (6)   A person who is given a notice under subsection (5) must comply
14            with the requirement unless the person has a reasonable excuse.
15            Maximum penalty:
16                 (a)    in the case of an individual -- $10 000;
17                 (b)    in the case of a body corporate -- $50 000.
18      (7)   Subsections (4) and (6) place an evidential burden on the accused to
19            show a reasonable excuse.
20      (8)   A notice under this section must --
21              (a) include information about the right to a review under Part 7
22                    of the decision to serve the notice; and
23              (b) state that the notice is served under this section.

24   200.     Temporary closing of railway crossings, bridges etc
25      (1)   An authorised officer may close temporarily or regulate a railway
26            crossing, bridge, subway or other structure for crossing or passing
27            over or under a railway if satisfied it is necessary because of an
28            immediate threat to safety.
29      (2)   If an authorised officer decides to close temporarily or regulate a
30            railway crossing, bridge, subway or other structure, the authorised
31            officer must, as soon as practicable after its closure or regulation,
32            notify the person or authority responsible for the railway crossing,
33            bridge, subway or other structure of its closure or regulation.


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1       (3)     In this section --
2               authorised officer means --
3                 (a)   a person who holds a specific authority from the Regulator
4                       for the purposes of this section; or
5                 (b)   a person who holds a specific authority issued by an
6                       accredited person for the purposes of this section.

7    201.       Use of force
8               A power conferred by this Law to enter railway premises, or to do
9               anything in or on railway premises, may not be exercised unless the
10              rail safety officer or a person assisting a rail safety officer proposing
11              to exercise the power, uses no more force than is reasonably necessary
12              to effect the entry or to do the thing for which the entry is effected.

13   202.       Power to use force against persons to be exercised only by police
14              officers
15              A provision in this Law that authorises a person to use reasonable
16              force does not authorise a person who is not a police officer to use
17              force against another person.

18                                Part 6 -- Exemptions

19                         Division 1 -- Ministerial exemptions

20   203.       Ministerial exemptions
21      (1)     The Minister may, after consultation with the Regulator, by notice in
22              the Gazette, grant exemptions from this Law or specified provisions
23              of this Law in respect of railway operations carried out, or proposed
24              to be carried out, in this jurisdiction --
25                 (a) to a person specified by the Minister; or
26                (b)   in relation to a railway specified by the Minister.
27      (2)     The Minister may grant an exemption under subsection (1) --
28                (a) on conditions specified in the notice; and
29                (b)   for a period (not exceeding 3 months) specified in the notice.




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1       (3)   The Minister may, at any time, by further notice in the Gazette --
2               (a) vary or revoke an exemption; or
3               (b)     vary or revoke a condition of an exemption.
4       (4)   A person who has been granted an exemption under this section who
5             contravenes a condition imposed on the exemption is guilty of an
6             offence.
7             Maximum penalty:
8                     (a)      in the case of an individual -- $20 000;
9                     (b)      in the case of a body corporate -- $100 000.

10                 Division 2 -- Exemptions granted by Regulator
11                               Subdivision 1 -- Interpretation

12   204.     Interpretation
13            In this Division --
14            designated provision of this Law means a provision of --
15              (a) Part 3 Division 4; or
16              (b)     Part 3 Division 5; or
17              (c)         Part 3 Division 6 Subdivision 3.
18             Subdivision 2 -- Procedures for conferring exemptions

19   205.     Application for exemption
20      (1)   A rail transport operator may apply to the Regulator for an exemption
21            from a designated provision of this Law in respect of specified
22            railway operations carried out, or proposed to be carried out, by or on
23            behalf of the operator.
24      (2)   An application must be made in the manner and form approved by the
25            Regulator and --
26              (a)         must specify the scope and nature of the railway operations in
27                          respect of which an exemption is sought; and
28              (b)     if the railway operations include the operation or movement
29                      of rolling stock on a railway -- must include details about the
30                      operation or movement of rolling stock; and


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1                 (c)   must contain the prescribed information; and
2                 (d)   must be accompanied by the prescribed application fee.
3       (3)     The Regulator may require a rail transport operator who has applied
4               for an exemption --
5                 (a)   to supply further information requested by the Regulator; and
6                 (b)   to verify by statutory declaration any information supplied to
7                       the Regulator.

8    206.       What applicant must demonstrate
9               The Regulator must not grant an exemption to an applicant unless
10              satisfied that the applicant has demonstrated --
11                (a)   that the applicant is, or is to be, a rail infrastructure manager
12                      or rolling stock operator in relation to the railway operations
13                      in respect of which the exemption is sought; and
14                (b)   that the applicant --
15                         (i) has the financial capacity, or has public risk insurance
16                               arrangements, to meet reasonable potential accident
17                               liabilities arising from the railway operations; and
18                        (ii) has complied with the requirements prescribed by the
19                               national regulations (if any) for the purposes of this
20                               section.

21   207.       Determination of application
22      (1)     Subject to this section, the Regulator must, within the relevant
23              period --
24                (a)   if the Regulator is satisfied as to the matters referred to in
25                      section 206 -- notify the applicant that an exemption from a
26                      designated provision of this Law has been granted, with or
27                      without conditions or restrictions; or
28                (b)   if the Regulator is not so satisfied -- notify the applicant that
29                      the application has been refused.
30      (2)     An exemption under this Division is subject to --
31                (a)   any conditions or restrictions prescribed by the national
32                      regulations for the purposes of this section that are applicable
33                      to the exemption; and


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                                                                         s. 207



1            (b)   any other condition or restriction imposed on the exemption
2                  by the Regulator.
3    (3)   Notification under this section --
4            (a)   must be in writing and given to the applicant; and
5            (b)   if the exemption has been granted, must specify --
6                     (i) the prescribed details of the applicant; and
7                    (ii)   the scope and nature of the railway operations, and
8                           the manner in which they are to be carried out, in
9                           respect of which the exemption is granted; and
10                  (iii)   any condition or restriction imposed by the Regulator
11                          under this section on the exemption; and
12                  (iv)    any other prescribed information;
13                 and
14           (c)   if a condition or restriction has been imposed on the
15                 exemption, must include --
16                   (i)    the reasons for imposing the condition or restriction;
17                          and
18                  (ii)    information about the right of review under Part 7;
19                 and
20           (d)   if the application has been refused must include --
21                   (i)    the reasons for the decision to refuse to grant the
22                          application; and
23                   (ii)   information about the right of review under Part 7;
24                 and
25           (e)   if the relevant period in relation to an application has been
26                 extended, must include information about the right of review
27                 under Part 7.
28   (4)   In this section --
29         relevant period, in relation to an application, means --
30           (a)   6 months after the application was received by the Regulator;
31                 or
32           (b)   if the Regulator requested further information, 6 months, or
33                 such other period, as is agreed between the Regulator and the


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1                        applicant, after the Regulator receives the last information so
2                        requested; or
3                 (c)  if the Regulator, by written notice given to the applicant
4                      before the expiry of the relevant 6 months, specifies another
5                      period, that period,
6               whichever is the longer.
7                       Subdivision 3 -- Variation of an exemption

8    208.       Application for variation of an exemption
9       (1)     A rail transport operator who has been granted an exemption under
10              this Division may, at any time, apply to the Regulator for a variation
11              of the exemption.
12      (2)     A rail transport operator who has been granted an exemption under
13              this Division must apply to the Regulator for a variation of the
14              exemption if --
15                 (a) the applicant proposes to vary the scope and nature of the
16                       railway operations in respect of which the exemption has
17                       been granted; or
18                (b)    any other variation is proposed in respect of the railway
19                       operations in respect of which the exemption has been
20                       granted that should be reflected in the exemption.
21      (3)     An application for variation must be made in the manner and form
22              approved by the Regulator and --
23                (a)    must specify the details of the variation being sought; and
24                (b)    must contain the prescribed information; and
25                (c)    must be accompanied by the prescribed application fee.
26      (4)     The Regulator may require an applicant for a variation --
27                (a)    to supply further information requested by the Regulator; and
28                (b)    to verify by statutory declaration any information supplied to
29                       the Regulator.




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1    209.     Determination of application for variation
2       (1)   Subject to this section, the Regulator must, within the relevant
3             period --
4               (a)   if the Regulator is satisfied as to the matters referred to in
5                     section 206 (so far as they are applicable to the proposed
6                     variation) -- notify the applicant that the exemption has been
7                     varied, with or without conditions or restrictions; or
8               (b)   if the Regulator is not so satisfied -- notify the applicant that
9                     the application has been refused.
10      (2)   Notification under this section --
11              (a)   must be in writing and given to the applicant; and
12              (b)   if the exemption has been varied, must specify --
13                       (i)   the prescribed details of the applicant; and
14                      (ii)   the variation to the exemption so far as it applies to
15                             the scope and nature of the railway operations, or the
16                             manner in which they are to be carried out; and
17                     (iii)   any conditions and restrictions imposed by the
18                             Regulator on the exemption as varied; and
19                     (iv)    any other prescribed information;
20                    and
21              (c)   if a condition or restriction has been imposed on the
22                    exemption as varied, must include --
23                       (i)   the reasons for imposing the condition or restriction;
24                             and
25                      (ii)   information about the right of review under Part 7;
26                    and
27              (d)   if the application has been refused, must include --
28                       (i)   the reasons for the decision to refuse to grant the
29                             application; and
30                      (ii)   information about the right of review under Part 7;
31                    and
32              (e)   if the relevant period in relation to an application has been
33                    extended, must include information about the right of review
34                    under Part 7.

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1       (3)     In this section --
2               relevant period, in relation to an application, means --
3                 (a)   6 months after the application was received by the Regulator;
4                       or
5                 (b)   if the Regulator requested further information, 6 months, or
6                       such other period, as is agreed between the Regulator and the
7                       applicant, after the Regulator receives the last information so
8                       requested; or
9                 (c)   if the Regulator, by written notice given to the applicant
10                      before the expiry of the relevant 6 months, specifies another
11                      period, that period,
12              whichever is the longer.

13   210.       Prescribed conditions and restrictions
14              An exemption granted to a rail transport operator that is varied under
15              this Division is subject to any conditions or restrictions prescribed by
16              the national regulations that are applicable to the exemption as varied.

17   211.       Variation of conditions and restrictions
18      (1)     A rail transport operator who has been granted an exemption under
19              this Division may, at any time, apply to the Regulator for a variation
20              of a condition or restriction imposed by the Regulator to which the
21              exemption is subject.
22      (2)     An application for variation of a condition or restriction must be made
23              as if it were an application for variation of an exemption (and
24              section 208 applies accordingly).
25      (3)     The Regulator must consider the application and, if satisfied as to the
26              matters referred to in sections 206 and 207 (so far as they are
27              applicable to the proposed variation), notify the applicant in
28              accordance with the provisions of this Division applicable to the
29              granting of an exemption (so far as is practicable) that the variation
30              has been granted or refused.
31      (4)     Notification under subsection (3) that a variation has been refused
32              must include the reasons for the decision to refuse to grant the
33              variation and information about the right of review under Part 7.



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1    212.      Regulator may make changes to conditions or restrictions
2       (1)    The Regulator may, subject to this section, at any time, vary or revoke
3              a condition or restriction imposed by the Regulator on an exemption
4              granted to a rail transport operator under this Division or impose a
5              new condition or restriction.
6       (2)    Before taking action under this section, the Regulator must --
7                (a) give the rail transport operator written notice of the action
8                      that the Regulator proposes to take; and
9               (b) allow the operator to make written representations about the
10                     intended action within 28 days (or any other period that the
11                     Regulator and the operator agree on); and
12               (c)   consider any representations made under paragraph (b) and
13                     not withdrawn.
14      (3)    The Regulator must, by written notice given to the rail transport
15             operator, provide --
16               (a)   details of any action taken under this section; and
17               (b)   a statement of reasons for any action taken under this section;
18                     and
19               (c)   information about the right of review under Part 7.
20            Subdivision 4 -- Revocation or suspension of an exemption

21   213.      Revocation or suspension of an exemption
22      (1)    This section applies in respect of a rail transport operator who has
23             been granted an exemption under this Division if --
24               (a) the Regulator considers that the operator --
25                          (i)   is no longer able to demonstrate to the satisfaction of
26                                the Regulator the matters referred to in section 206 or
27                                to satisfy the conditions, or to comply with the
28                                restrictions, of the exemption; or
29                       (ii)     is not managing the rail infrastructure, or is not
30                                operating rolling stock in relation to any rail
31                                infrastructure, to which the exemption relates and has
32                                not done so for at least the preceding 12 months;
33                     or


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1                 (b)   the operator contravenes this Law.
2       (2)     The Regulator may --
3                 (a)   suspend the exemption for a period determined by the
4                       Regulator; or
5                 (b)   revoke the exemption with immediate effect or with effect
6                       from a specified future date; or
7                 (c)   impose conditions or restrictions on the exemption; or
8                 (d)   vary conditions or restrictions to which the exemption is
9                       subject.
10      (3)     Before making a decision under subsection (2), the Regulator --
11                (a)   must notify the rail transport operator in writing --
12                        (i)    that the Regulator is considering making a decision
13                               under subsection (2) of the kind, and for the reasons,
14                               specified in the notice; and
15                        (ii)   that the person may, within 28 days or such longer
16                               period as is specified in the notice, make written
17                               representations to the Regulator showing cause why
18                               the decision should not be made;
19                      and
20                (b)   must consider any representations made under
21                      paragraph (a)(ii) and not withdrawn.
22      (4)     If the Regulator suspends or revokes the exemption, the Regulator
23              must include in the notice of suspension or revocation the reasons for
24              the suspension or revocation and information about the right of review
25              under Part 7.
26      (5)     The Regulator may withdraw a suspension of the exemption by
27              written notice given to the rail transport operator.




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1             Subdivision 5 -- Penalty for breach of condition or restriction
2    214.       Penalty for breach of condition or restriction
3               A rail transport operator who has been granted an exemption under
4               this Division must not contravene a condition or restriction of the
5               exemption applying under this Division.
6               Maximum penalty:
7                    (a)   in the case of an individual -- $20 000;
8                    (b)   in the case of a body corporate -- $100 000.

9                            Part 7 -- Review of decisions

10   215.       Reviewable decisions
11      (1)     The following table sets out --
12                (a) decisions made under this Law that are reviewable in
13                      accordance with this Part (reviewable decisions); and
14                (b) who is eligible to apply for review of a reviewable decision
15                      (the eligible person in relation to the reviewable decision).
            Item    Provision under which             Eligible person in relation to
                    reviewable decision is made       reviewable decision
            1       Section 67 (refusal to accredit   A rail transport operator whose
                    or imposing conditions or         application for accreditation is
                    restrictions on accreditation)    refused or is subject to
                                                      conditions or restrictions
            2       Section 67 (extending the         A rail transport operator who
                    period for determining an         has applied for accreditation
                    application)
            3       Section 69 (refusal to grant      A rail transport operator whose
                    variation of accreditation or     application for variation of
                    imposing a condition or           accreditation is refused
                    restriction)
            4       Section 69 (grant of variation    A rail transport operator whose
                    of accreditation subject to       accreditation is varied subject
                    conditions or restrictions)       to a condition or restriction



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     Item    Provision under which             Eligible person in relation to
             reviewable decision is made       reviewable decision
     5       Section 69 (extending the         A rail transport operator who
             period for determining an         has applied for variation of
             application for variation)        accreditation
     6       Section 71 (refusal to grant      A rail transport operator whose
             variation of a condition or       application for variation of a
             restriction of accreditation)     condition or restriction is
                                               refused
     7       Section 72 (variation or          A rail transport operator whose
             revocation of a condition or      conditions or restrictions of
             restriction, or imposition of a   accreditation are changed
             new condition or restriction)
     8       Section 73 (revocation or         A rail transport operator whose
             suspension of accreditation)      accreditation is revoked or
                                               suspended
     9       Section 74 (immediate             A rail transport operator whose
             suspension)                       accreditation is suspended
     10      Section 74 (extension of          A rail transport operator whose
             immediate suspension)             accreditation is suspended
     11      Section 75 (surrender of          An accredited person whose
             accreditation)                    application for surrender of
                                               accreditation has been refused
     12      Section 86 (refusal to register   A rail infrastructure manager
             or imposing conditions or         whose application for
             restrictions on registration)     registration is refused or is
                                               subject to conditions or
                                               restrictions
     13      Section 86 (extending the         A rail infrastructure manager
             period for determining an         who has applied for
             application)                      registration
     14      Section 88 (refusal to grant      A rail infrastructure manager
             variation of registration or      whose application for variation
             imposing a condition or           of registration is refused
             restriction)


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Item   Provision under which              Eligible person in relation to
       reviewable decision is made        reviewable decision
15     Section 88 (grant of variation     A rail infrastructure manager
       of registration subject to         whose registration is varied
       conditions or restrictions)        subject to a condition or
                                          restriction
16     Section 88 (extending the          A rail infrastructure manager
       period for determining an          who has applied for variation
       application for variation)         of registration
17     Section 90 (refusal to grant       A rail infrastructure manager
       variation of a condition or        whose application for variation
       restriction of registration)       of a condition or restriction is
                                          refused
18     Section 91 (variation or           A rail infrastructure manager
       revocation of a condition or       whose conditions or
       restriction, or imposition of a    restrictions of registration are
       new condition or restriction)      changed
19     Section 92 (revocation or          A rail infrastructure manager
       suspension of registration)        whose registration is revoked
                                          or suspended
20     Section 93 (immediate              A rail infrastructure manager
       suspension)                        whose registration is
                                          suspended
21     Section 93 (extension of           A rail infrastructure manager
       immediate suspension)              whose registration is
                                          suspended
22     Section 94 (surrender of           A registered person whose
       registration)                      application for surrender of
                                          registration has been refused
23     Section 104 (direction to          A rail transport operator given
       amend safety management            a direction to amend a safety
       system)                            management system
24     Section 162 (forfeiture of         A person who is entitled to the
       seized thing)                      thing



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     Item    Provision under which            Eligible person in relation to
             reviewable decision is made      reviewable decision
     25      Section 175 (decision to serve   A person on whom an
             an improvement notice)           improvement notice is served
                                              A rail transport operator whose
                                              interests are affected by the
                                              decision
     26      Section 178 (extension of time   A person on whom an
             for compliance with              improvement notice is served
             improvement notice)
                                              A rail transport operator whose
                                              interests are affected by the
                                              decision
     27      Section 179 (decision to serve   A person on whom a
             a prohibition notice)            prohibition notice is served
                                              A rail transport operator whose
                                              interests are affected by the
                                              decision
     28      Section 182 (decision to serve   A person on whom a
             a non-disturbance notice)        non-disturbance notice is
                                              served
                                              A rail transport operator whose
                                              interests are affected by the
                                              decision
     29      Section 185 (decision to issue   A person on whom a
             subsequent non-disturbance       subsequent non-disturbance
             notice)                          notice is served
                                              A rail transport operator whose
                                              interests are affected by the
                                              decision
     30      Section 198 (direction to take   A rail transport operator given
             specified action following       a direction to take specified
             report)                          action




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                                                                s. 215



Item   Provision under which             Eligible person in relation to
       reviewable decision is made       reviewable decision
31     Section 199 (decision to serve    A person given a direction to
       notice giving a direction)        stop, alter or not to commence
                                         works on or near a railway
                                         A rail transport operator given
                                         a direction to stop, alter or not
                                         to commence railway
                                         operations
                                         A person given a direction to
                                         alter, demolish or take away
                                         work
32     Section 205 (refusal to exempt    A rail transport operator whose
       or imposing conditions or         application for exemption is
       restrictions on exemption)        refused or is subject to
                                         conditions or restrictions
33     Section 205 (extending the        A rail transport operator who
       period for determining an         has applied for an exemption
       application)
34     Section 209 (refusal to grant     A rail transport operator whose
       variation of exemption or         application for variation of an
       imposing a condition or           exemption is refused
       restriction)
35     Section 209 (grant of variation   A rail transport operator whose
       of exemption subject to           exemption is varied subject to
       conditions or restrictions)       a condition or restriction
36     Section 209 (extending the        A rail transport operator who
       period for determining an         has applied for variation of an
       application for variation)        exemption
37     Section 211 (refusal to grant     A rail transport operator whose
       variation of a condition or       application for variation of a
       restriction of exemption)         condition or restriction is
                                         refused




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            Item     Provision under which              Eligible person in relation to
                     reviewable decision is made        reviewable decision
            38       Section 212 (variation or          A rail transport operator whose
                     revocation of a condition or       conditions or restrictions of an
                     restriction, or imposition of a    exemption are changed
                     new condition or restriction)
            39       Section 213 (revocation or         A rail transport operator whose
                     suspension of exemption)           exemption is revoked or
                                                        suspended
1       (2)      Unless the contrary intention appears, a reference in this Part to a
2                decision includes a reference to --
3                  (a) include information about the right to a review under Part 7
4                        of the decision to serve the notice; or
5                  (b)   state that the notice is served under this section; or
6                  (c)   making, suspending, revoking or refusing to make a
7                        determination or decision; or
8                  (d)   giving, suspending, revoking or refusing to give a direction,
9                        approval, consent or permission; or
10                 (e)   issuing, suspending, revoking or refusing to issue an
11                       accreditation or a registration, or to grant an exemption; or
12                 (f)   imposing a condition; or
13                 (g)   making a declaration, demand or requirement; or
14                 (h)   retaining, or refusing to deliver up, an article; or
15                 (i)   doing or refusing to do any other act or thing.
16      (3)      In this section --
17               person entitled to a thing means the person from whom it was seized
18               unless that person is not entitled to possess it, in which case it means
19               the owner of the thing.

20   216.        Review by Regulator
21      (1)      An eligible person --
22                (a) in relation to a reviewable decision made by the Regulator --
23                       may, within 28 days after the decision was made, apply to the
24                       Regulator for a review of the decision;

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1            (b)   in relation to a reviewable decision other than a decision
2                  made by the Regulator -- may apply to the Regulator for
3                  review of the decision within --
4                     (i) 28 days after the day on which the decision first came
5                           to the eligible person's notice; or
6                    (ii) such longer period as the Regulator allows.
7    (2)   The Regulator may appoint a person to review decisions on
8          applications under subsection (1)(a) (who must not be the person who
9          made the decision the subject of the review).
10   (3)   An application for a review must be in the form approved (in writing)
11         by the Regulator.
12   (4)   If an application is made to the Regulator in accordance with this
13         section, the Regulator may make a decision --
14           (a)   to affirm or vary the reviewable decision; or
15           (b)   to set aside the reviewable decision and substitute another
16                 decision that the Regulator considers appropriate.
17   (5)   The Regulator must give a written notice to the applicant setting
18         out --
19           (a) the Regulator's decision under subsection (4) and the reasons
20                for the decision; and
21           (b)   the findings on material questions of fact that led to the
22                 decision, referring to the evidence or other material on which
23                 those findings were based,
24         and must do so within 14 days after the application is made or, if the
25         reviewable decision was made under Division 1, Division 2 or
26         Division 3 of Part 5, within 7 days after the application is made.
27   (6)   If the Regulator has not notified an applicant of a decision in
28         accordance with subsection (5), the Regulator is taken to have made a
29         decision to affirm the reviewable decision.
30   (7)   An application under this section does not affect the operation of the
31         reviewable decision or prevent the taking of any action to implement
32         it unless the Regulator, on the Regulator's own initiative or on the
33         application of the applicant for review, stays the operation of the
34         decision (not being an immediate suspension of accreditation or


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1               registration, or a prohibition notice) pending the determination of the
2               review.
3       (8)     The Regulator must make a decision on an application for a stay by
4               the end of the next business day following the day on which the
5               application is made.
6       (9)     If the Regulator has not made a decision in accordance with
7               subsection (8), the Regulator is taken to have made a decision to grant
8               a stay.
9      (10)     The Regulator may attach any conditions to a stay of the operation of
10              a reviewable decision that the Regulator considers appropriate.

11   217.       Appeals
12      (1)     A person may appeal to the court against --
13                (a)   a reviewable decision made by the Regulator; or
14                (b)   a decision made, or taken to have been made, by the
15                      Regulator under section 216 in respect of a reviewable
16                      decision (including a decision concerning a stay of the
17                      operation of the reviewable decision),
18              if the person is an eligible person in relation to the reviewable
19              decision.
20      (2)     An appeal must be instituted within 28 days of the making of the
21              decision appealed against.

22            Part 8 -- General liability and evidentiary provisions

23                            Division 1 -- Legal proceedings
24                           Subdivision 1 -- General matters

25   218.       Period within which proceedings for offences may be commenced
26      (1)     This section applies to an offence against this Law, other than --
27                (a)   an offence prescribed by the national regulations for the
28                      purposes of this section; or




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1               (b)   an offence in respect of which proceedings may only be
2                     commenced within a period of less than 2 years after its
3                     alleged commission.
4       (2)   Despite anything to the contrary in an Act, proceedings for an offence
5             against this Law to which this section applies may be commenced
6             within --
7               (a)   the period of 2 years after commission of the alleged offence;
8                     or
9               (b)   if evidence of an alleged offence comes to light as a result of
10                    an inquiry by a prescribed authority -- within 1 year after the
11                    report of the inquiry is published; or
12              (c)   if a rail safety undertaking has been given in relation to the
13                    offence -- within 6 months after --
14                       (i)   the undertaking is contravened; or
15                      (ii)   it comes to the notice of the Regulator that the
16                             undertaking has been contravened; or
17                     (iii)   the Regulator has agreed under section 256 to the
18                             withdrawal of the undertaking.
19      (3)   A proceeding for a Category 1 offence may be brought after the end
20            of the applicable limitation period in subsection (2) if fresh evidence
21            relevant to the offence is discovered and the court is satisfied that the
22            evidence could not reasonably have been discovered within the
23            relevant limitation period.
24      (4)   In this section --
25            prescribed authority means --
26              (a)   a coroner of a participating jurisdiction; or
27              (b)   a commission of inquiry (by whatever name) established
28                    under a law of a participating jurisdiction; or
29              (c)   any other relevant authority established under a law of a
30                    participating jurisdiction.

31   219.     Multiple contraventions of rail safety duty provision
32      (1)   Two or more contraventions of a rail safety duty provision by a
33            person that arise out of the same factual circumstances may be
34            charged as a single offence or as separate offences.


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1       (2)     This section does not authorise contraventions of 2 or more rail safety
2               duty provisions to be charged as a single offence.
3       (3)     A single penalty only may be imposed in respect of 2 or more
4               contraventions of a rail safety duty provision that are charged as a
5               single offence.
6       (4)     In this section --
7               rail safety duty provision means a provision of Part 3 Division 3.

8    220.       Authority to take proceedings
9       (1)     Any legal proceedings to recover any charge, fee or money due under
10              this Law or the national regulations in this jurisdiction may be taken
11              only by the Minister or the Regulator, or by a person authorised by the
12              Minister or the Regulator for the purpose, either generally or in any
13              particular case.
14      (2)     Any legal proceedings for an offence against this Law or the national
15              regulations in this jurisdiction may be taken only by the Minister or
16              the Regulator, or by a person authorised by the Minister or the
17              Regulator for the purpose, either generally or in any particular case.
18      (3)     In any proceedings referred to in this section, the production of an
19              authority or consent purporting to be signed by the Minister or the
20              Regulator is to be evidence of the authority or consent without proof
21              of the signature of the Minister or the Regulator.
22      (4)     The Minister or the Regulator may, for the purposes of this section,
23              authorise any person who is a member of a specified class of persons
24              to take the actions referred to in this section.
25               Subdivision 2 -- Imputing conduct to bodies corporate

26   221.       Imputing conduct to bodies corporate
27      (1)     For the purposes of this Law, any conduct engaged in on behalf of a
28              body corporate by an employee, agent or officer of the body corporate
29              acting within the actual or apparent scope of his or her employment,
30              or within his or her actual or apparent authority, is conduct also
31              engaged in by the body corporate.
32      (2)     If an offence under this Law requires proof of knowledge, intention or
33              recklessness, it is sufficient in proceedings against a body corporate

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1             for that offence to prove that the person referred to in subsection (1)
2             had the relevant knowledge, intention or recklessness.
3       (3)   If for an offence against this Law mistake of fact is relevant to
4             determining liability, it is sufficient in proceedings against a body
5             corporate for that offence if the person referred to in subsection (1)
6             made that mistake of fact.
7                       Subdivision 3 -- Records and evidence

8    222.     Records and evidence from records
9       (1)   A certificate purporting to be signed by the Regulator and certifying
10            that --
11              (a)   on a date specified in the certificate; or
12              (b)   during any period so specified,
13            the particulars set out in the certificate as to any matter required to be
14            recorded in the National Rail Safety Register under section 42 did or
15            did not appear on or from the Register is, for the purposes of any legal
16            proceedings, evidence of what it certifies.
17      (2)   Such a certificate is admissible in any proceedings --
18              (a) without proof of the signature of the Regulator; and
19              (b) without production of any record or document on which the
20                    certificate is founded.

21   223.     Certificate evidence
22            A statement in a certificate purporting to be issued by the Regulator, a
23            rail safety officer or a police officer as to any matter that appears in,
24            or can be calculated from, records kept or accessed by the Regulator
25            is admissible in any proceedings and is evidence of the matter.

26   224.     Proof of appointments and signatures unnecessary
27      (1)   For the purposes of this Law and the national regulations, it is not
28            necessary to prove the appointment of an office holder.
29      (2)   For the purposes of this Law, a signature purporting to be the
30            signature of an office holder is evidence of the signature it purports to
31            be.


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1       (3)     In this section --
2               office holder means --
3                 (a)     a member of ONRSR; or
4                 (b)     the head of the police force or police service of any
5                         participating jurisdiction; or
6                 (c)     a rail safety officer; or
7                 (d)     an authorised person; or
8                 (e)     a police officer of a participating jurisdiction.

9                       Division 2 -- Discrimination against employees

10   225.       Dismissal or other victimisation of employee
11      (1)     This section applies to --
12                (a)     an employer who dismisses an employee, injures an
13                        employee in the employment of the employer or alters the
14                        position of an employee to the employee's detriment; and
15                (b)     an employer who threatens to do any of those things to an
16                        employee; and
17                (c)     an employer or prospective employer who refuses or fails to
18                        offer employment to a prospective employee, or treats a
19                        prospective employee less favourably than another
20                        prospective employee would be treated in offering terms of
21                        employment.
22      (2)     The employer or prospective employer is guilty of an offence if the
23              employer or prospective employer engaged in that conduct because
24              the employee or prospective employee (as the case may be) --
25                (a)     has assisted or has given any information to a public agency
26                        in respect of a breach or alleged breach of an Australian rail
27                        safety law; or
28                (b)     has made a complaint about a breach or alleged breach of an
29                        Australian rail safety law to the employer, a fellow employee,
30                        union, public authority or public official; or
31                (c)     assists or has assisted, or gives or has given any information
32                        to, a public agency in respect of a breach or alleged breach of
33                        an Australian rail safety law; or


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1            (d) has made a complaint about a breach or alleged breach of an
2                Australian rail safety law to a former employer, former fellow
3                employee, union, public authority or public official.
4          Maximum penalty:
5                  (a)    in the case of an individual -- $10 000;
6                  (b)    in the case of a body corporate -- $50 000.
7    (3)   An employer or prospective employer may be guilty of an offence
8          against subsection (2) only if the reason mentioned in
9          subsection (2)(a), (b), (c) or (d) is the dominant reason why the
10         employer or prospective employer engaged in the conduct.
11   (4)   In proceedings for an offence against subsection (2), if all the facts
12         constituting the offence other than the reason for the defendant's
13         conduct are proved, the defendant bears the onus of proving that the
14         reason alleged in the charge was not the dominant reason why the
15         defendant engaged in the conduct.
16   (5)   If an employer or prospective employer is convicted or found guilty
17         of an offence against this section, the court may (in addition to
18         imposing a penalty) make either or both of the following orders --
19            (a) an order that the offender pay (within a specified period) such
20                  damages to the employee or prospective employee against
21                  whom the offender discriminated as the court considers
22                  appropriate to compensate him or her;
23            (b) an order that --
24                       (i)    the employee be reinstated or re-employed in his or
25                              her former position or, if that position is not
26                              available, in a similar position; or
27                       (ii)   the prospective employee be employed in the position
28                              for which he or she had applied or a similar position.
29   (6)   In this section --
30         employee includes an individual who works under a contract for
31         service;
32         public authority includes ONRSR, the Regulator, a rail safety officer
33         or police officer, and a police officer of another jurisdiction.




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1                                       Division 3 -- Offences

2    226.       Offence to give false or misleading information
3       (1)     A person must not give information in complying or purportedly
4               complying with this Law that the person knows --
5                 (a)         to be false or misleading in a material particular; or
6                 (b) omits any matter or thing without which the information is
7                     misleading.
8               Maximum penalty:
9                       (a)      in the case of an individual -- $20 000;
10                      (b)      in the case of a body corporate -- $100 000.
11      (2)     A person must not produce a document in complying or purportedly
12              complying with this Law that the person knows to be false or
13              misleading in a material particular without --
14                (a) indicating the respect in which it is false or misleading and, if
15                      practicable, providing correct information; or
16                (b)     accompanying the document with a written certificate --
17                          (i) stating that the document is, to the knowledge of the
18                              first-mentioned person, false or misleading in a
19                              material particular; and
20                             (ii)
                             setting out, or referring to, the material particular in
21                           which the document is, to the knowledge of the
22                           first-mentioned person, false or misleading.
23              Maximum penalty:
24                      (a)      in the case of an individual -- $20 000;
25                      (b)      in the case of a body corporate -- $100 000.
26      (3)     Subsection (2) places an evidential burden on the accused to show
27              that the accused had indicated the extent to which the document was
28              false or misleading or that the accompanying document sufficiently
29              explained the extent to which the document was false or misleading.




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1    227.     Not to interfere with train, tram etc
2       (1)   A person must not, without either the permission of an authorised
3             officer or reasonable excuse --
4               (a)      move or attempt to move; or
5               (b)      interfere or attempt to interfere with; or
6               (c)      disable, or attempt to disable; or
7               (d)      operate or attempt to operate,
8             any equipment, rail infrastructure or rolling stock owned or operated
9             by a rail transport operator.
10            Maximum penalty: $10 000.
11      (2)   Subsection (1) places an evidential burden on the accused to show a
12            reasonable excuse.
13      (3)   In this section --
14            authorised officer means the rail transport operator, a rail safety
15            officer or a police officer.

16   228.     Applying brake or emergency device
17      (1)   A person must not, without reasonable excuse --
18              (a) apply any brake or make use of any emergency device fitted
19                   to a train or tram; or
20              (b) make use of any emergency device on railway premises.
21            Maximum penalty: $10 000.
22            Example:     Emergency devices include an emergency button on a station
23                         communication board or on an escalator.

24      (2)   Subsection (1) places an evidential burden on the accused to show a
25            reasonable excuse.

26   229.     Stopping a train or tram
27      (1)   A person must not, without reasonable excuse, cause or attempt to
28            cause a train or tram in motion to be stopped.
29            Maximum penalty: $10 000.




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1       (2)     Subsection (1) places an evidential burden on the accused to show a
2               reasonable excuse.

3                          Division 4 -- Court-based sanctions

4    230.       Commercial benefits order
5       (1)     The court that finds a person guilty of an offence against this Law
6               may, on the application of the prosecutor or the Regulator, make an
7               order under this section.
8       (2)     The court may make a commercial benefits order requiring the person
9               to pay, as a fine, an amount not exceeding 3 times the amount
10              estimated by the court to be the gross commercial benefit that --
11                (a)   was received or receivable, by the person or by an associate
12                      of the person, from commission of the offence; and
13                (b)   in the case of a journey that was interrupted or not
14                      commenced because of action taken by a rail safety officer in
15                      connection with commission of the offence, would have been
16                      received or receivable, by the person or by an associate of the
17                      person -- from commission of the offence had the journey
18                      been completed.
19      (3)     In estimating the gross commercial benefit that was or would have
20              been received or receivable from commission of the offence, the court
21              may take into account --
22                (a) benefits of any kind, whether monetary or otherwise; and
23                (b)   monetary savings or a reduction in any operating or capital
24                      expenditure of any kind achieved because of commission of
25                      the offence; and
26                (c)   any other matters that it considers relevant, including (for
27                      example) --
28                        (i)    the value per tonne or per kilometre of the carriage of
29                               the goods involved in the offence as freight; and
30                        (ii)   the distance over which any such goods were or were
31                               to be carried.
32      (4)     However, in estimating the gross commercial benefit that was or
33              would have been received or receivable from commission of the



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1             offence, the court is required to disregard any costs, expenses or
2             liabilities incurred by the person or by an associate of the person.
3       (5)   Nothing in this section prevents the court from ordering payment of
4             an amount that is --
5               (a)   less than 3 times the estimated gross commercial benefit; or
6               (b)   less than the estimated gross commercial benefit.
7       (6)   For the purposes of this section, a person is an associate of another
8             if --
9               (a)   1 is a spouse, de facto partner, parent, brother, sister or child
10                    of the other; or
11              (b)   they are members of the same household; or
12              (c)   they are partners; or
13              (d)   they are both trustees or beneficiaries of the same trust, or 1 is
14                    a trustee and the other is a beneficiary of the same trust; or
15              (e)   1 is a body corporate and the other is a director or member of
16                    the governing body of the body corporate; or
17              (f)   1 is a body corporate (other than a public company whose
18                    shares are listed on a stock exchange) and the other is a
19                    shareholder in the body corporate; or
20              (g)   they are related bodies corporate within the meaning of the
21                    Corporations Act 2001 of the Commonwealth; or
22              (h)   a chain of relationships can be traced between them under
23                    any 1 or more of the above paragraphs.
24      (7)   For the purposes of subsection (6), a beneficiary of a trust includes an
25            object of a trust.

26   231.     Supervisory intervention order
27      (1)   The court that finds a person guilty of an offence against this Law
28            may, on the application of the prosecutor or the Regulator, if the court
29            considers the person to be a systematic or persistent offender against
30            the Australian rail safety laws, make an order under this section.




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1       (2)     The court may make a supervisory intervention order requiring the
2               person (at the person's own expense and for a specified period not
3               exceeding 1 year) to do all or any of the following --
4                 (a) to do specified things that the court considers will improve
5                       the person's compliance with this Law or specified aspects of
6                       this Law, including (for example) the following --
7                         (i)    appointing or removing staff to or from particular
8                                activities or positions;
9                        (ii)    training and supervising staff;
10                       (iii)   obtaining expert advice as to maintaining appropriate
11                               compliance;
12                       (iv)    installing monitoring, compliance, managerial or
13                               operational equipment;
14                        (v)    implementing monitoring, compliance, managerial or
15                               operational practices, systems or procedures;
16                (b)   to conduct specified monitoring, compliance, managerial or
17                      operational practices, systems or procedures subject to the
18                      direction of the Regulator or a person nominated by the
19                      Regulator;
20                (c)   to furnish compliance reports to the Regulator or the court or
21                      both as specified in the order;
22                (d)   to appoint a person to have responsibilities --
23                        (i)    to assist the person in improving compliance with this
24                               Law or specified aspects of this Law; and
25                       (ii)    to monitor the person's performance in complying
26                               with this Law or specified aspects of this Law and in
27                               complying with the requirements of the order; and
28                       (iii)   to furnish compliance reports to the Regulator or the
29                               court or both as specified in the order.
30      (3)     The court may specify matters that are to be dealt with in compliance
31              reports and the form and manner in which, and frequency with which,
32              compliance reports are to be prepared and furnished.
33      (4)     The court may require that compliance reports or aspects of
34              compliance reports be made public, and may specify the form and



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1          manner in which, and frequency with which, they are to be made
2          public.
3    (5)   The court may only make a supervisory intervention order if it is
4          satisfied that the order is capable of improving the person's ability or
5          willingness to comply with this Law, having regard to --
6            (a)         the offences against Australian rail safety laws of which the
7                        person has been previously found guilty; and
8            (b)     the offences against Australian rail safety laws for which the
9                    person has been proceeded against by way of unwithdrawn
10                   expiation notices or infringement notices; and
11           (c)         any other offences or other matters that the court considers to
12                       be relevant to the conduct of the person in connection with
13                       railway operations.
14   (6)   The order may direct that any other penalty or sanction imposed for
15         the offence by the court is suspended until the court determines that
16         there has been a substantial failure to comply with the order.
17   (7)   A court that has power to make supervisory intervention orders may
18         revoke or amend a supervisory intervention order on the application
19         of --
20           (a)         the Regulator; or
21           (b)     the person in respect of whom the order was made, but in that
22                   case only if the court is satisfied that there has been a change
23                   of circumstances warranting revocation or amendment.
24   (8)   A person who is subject to a requirement of a supervisory intervention
25         order must not engage in conduct that results in a contravention of the
26         requirement.
27         Maximum penalty:
28                 (a)      in the case of an individual -- $10 000;
29                 (b)      in the case of a body corporate -- $50 000.




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1       (9)     In this section --
2               compliance report, in relation to a person in respect of whom a
3               supervisory intervention order is made, means a report relating to --
4                 (a)   the performance of the person in complying with --
5                          (i)   the rail safety laws or aspects of rail safety laws
6                                specified in the order; and
7                        (ii)    the requirements of the order;
8                       and
9                 (b)   without limiting the above --
10                         (i)   things done by the person to ensure that any failure
11                               by the person to comply with the rail safety laws or
12                               the specified aspects of the rail safety laws does not
13                               continue; and
14                        (ii)   the results of those things having been done.

15   232.       Exclusion orders
16      (1)     The court that finds a person guilty of an offence against this Law
17              may, on the application of the prosecutor or the Regulator, if the court
18              considers the person to be a systematic or persistent offender against
19              an Australian rail safety law, make an order under this section.
20      (2)     For the purpose of restricting opportunities for the person to commit
21              or be involved in commission of further offences against this Law, the
22              court may, if it considers it appropriate to do so, make an exclusion
23              order prohibiting the person, for a specified period, from --
24                (a)   managing rail infrastructure, or operating rolling stock, or
25                      managing or operating a particular type of rail infrastructure
26                      or rolling stock; or
27                (b)   being a director, secretary or officer concerned in the
28                      management of a body corporate involved in managing rail
29                      infrastructure that is in this jurisdiction or operating rolling
30                      stock in this jurisdiction; or
31                (c)   being involved in managing rail infrastructure that is in this
32                      jurisdiction or operating rolling stock in this jurisdiction
33                      except by driving a train or rolling stock.




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1       (3)   The court may only make an order under this section if it is satisfied
2             that the person should not continue the things the subject of the
3             proposed order and that a supervisory intervention order is not
4             appropriate, having regard to --
5               (a)         the offences against an Australian rail safety law of which the
6                           person has previously been found guilty; and
7               (b)     the offences against an Australian rail safety law for which
8                       the person has been proceeded against by way of
9                       unwithdrawn expiation notices or infringement notices; and
10              (c)     any other offences or other matters that the court considers to
11                      be relevant to the conduct of the person in connection with
12                      railway operations.
13      (4)   A court that has power to make an exclusion order may revoke or
14            amend an exclusion order on the application of --
15              (a) the Regulator; or
16              (b)     the person in respect of whom the order was made, but in that
17                      case only if the court is satisfied that there has been a change
18                      of circumstances warranting revocation or amendment.
19      (5)   A person who is subject to an exclusion order must not engage in
20            conduct that results in a contravention of the order.
21            Maximum penalty:
22                    (a)      in the case of an individual -- $20 000;
23                    (b)      in the case of a body corporate -- $100 000.

24                              Part 9 -- Infringement notices

25   233.     Meaning of infringement penalty provision
26            For the purposes of this Law, an infringement penalty provision is --
27              (a)         a provision of this Law specified in an item in the Table at the
28                          foot of this section; or
29              (b)     a provision of this Law (other than an offence provision) or
30                      the national regulations that is prescribed by the national
31                      regulations to be an infringement penalty provision.




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           Item   Infringement penalty provision              Infringement
                                                              penalty
           1      Section 66(3) (Regulator may direct         $1 000
                  applicants to coordinate in applications)
           2      Section 66(4) (Regulator may direct         $1 000
                  applicants to coordinate in applications)
           3      Section 81(1) (Keeping and making           $1 000
                  available records for public inspection)
           4      Section 81(2) (Keeping and making           $1 000
                  available records for public inspection)
           5      Section 98(2) (Offences relating to         $1 000
                  registration)
           6      Section 98(3) (Offences relating to         $1 000
                  registration)
           7      Section 102 (Review of safety               $2 000
                  management system)
           8      Section 103 (Safety performance reports)    $1 000
           9      Section 111(1) (Register of interface       $1 000
                  agreements)
           10     Section 111(2) (Register of interface       $1 000
                  agreements)
           11     Section 117(6) (Assessment of               $2 000
                  competence)
           12     Section 118(1) (Identification of rail      $2 000
                  safety workers)
           13     Section 118(2) (Identification of rail      $500
                  safety workers)
           14     Section 120(2) (Power of Regulator to       $2 000
                  obtain information from rail transport
                  operators)
           15     Section 120(3) (Power of Regulator to       $2 000
                  obtain information from rail transport
                  operators)

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              Item    Infringement penalty provision                  Infringement
                                                                      penalty
              16      Section 131 (Disclosure of train safety         $2 000
                      recordings)
              17      Section 136(3) (Identity cards)                 $1 000
              18      Section 149(2) (Securing a site)                $2 000
              19      Section 231(8) (Supervisory intervention        $2 000
                      order)
              20      Section 254 (Compliance with rail safety        $2 000
                      undertaking)

1    234.     Power to serve notice
2       (1)   The Regulator may serve an infringement notice on a person that the
3             Regulator has reason to believe has breached an infringement penalty
4             provision.
5       (2)   The Regulator must, however, serve an infringement notice not later
6             than 12 months after the date on which the Regulator forms a belief
7             that there has been a breach of an infringement penalty provision.
8       (3)   An infringement notice may be served on an individual --
9              (a) by delivering it personally to the individual; or
10              (b)   by sending it by post addressed to the individual to his or her
11                    usual or last known place of residence or business.
12      (4)   An infringement notice may be served on a person that is a body
13            corporate --
14              (a)   by delivering it personally to the registered office or usual or
15                    last known place of business of the body corporate; or
16              (b)   by sending it by post addressed to the body corporate to its
17                    registered office or usual or last known place of business.

18   235.     Form of notice
19            An infringement notice must state --
20             (a) the date of the notice; and



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1                 (b)   that the alleged breach is a breach of the infringement penalty
2                       provision; and
3                 (c)   the nature, and a brief description, of the alleged breach; and
4                 (d)   the date, time and place of the alleged breach; and
5                 (e)   the infringement penalty for the alleged breach; and
6                 (f)   the manner in which the infringement penalty may be paid;
7                       and
8                 (g)   the time (being not less than 28 days after the date on which
9                       the notice is served) within which the infringement penalty
10                      must be paid; and
11                (h)   that, if the amount of the infringement penalty is paid before
12                      the end of the time specified in the notice, proceedings will
13                      not be instituted in respect of the alleged breach by the
14                      Regulator unless the notice is withdrawn before the end of
15                      that time in accordance with section 238; and
16                (i)   that the person is entitled to disregard the notice and defend
17                      any proceedings in respect of the infringement penalty
18                      provision; and
19                (j)   any other particulars prescribed by the national regulations.

20   236.       Regulator cannot institute proceedings while infringement notice
21              on foot
22              On serving an infringement notice under this Part, the Regulator must
23              not institute a proceeding in respect of the breach for which the
24              infringement notice was served if --
25                (a)   the time for payment stated in the infringement notice has not
26                      expired; and
27                (b)   the infringement notice has not been withdrawn by the
28                      Regulator in accordance with section 238.

29   237.       Late payment of penalty
30              The Regulator may accept payment of the infringement penalty even
31              after the expiration of the time for payment stated in the infringement
32              notice if --
33                (a)   a proceeding has not been instituted in respect of the breach
34                      to which the infringement penalty relates; and


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1               (b)   the infringement notice has not been withdrawn by the
2                     Regulator in accordance with section 238.

3    238.     Withdrawal of notice
4       (1)   The Regulator may withdraw an infringement notice at any time
5             before the end of the time for payment specified in the notice by
6             serving a withdrawal notice on the person served with the
7             infringement notice.
8       (2)   A withdrawal notice may be served on an individual --
9               (a)   by delivering it personally to the individual; or
10              (b)   by sending it by post addressed to the individual to his or her
11                    usual or last known place of residence or business.
12      (3)   A withdrawal notice may be served on a person that is a body
13            corporate --
14              (a)   by delivering it personally to the registered office or usual or
15                    last known place of business of the body corporate; or
16              (b)   by sending it by post addressed to the body corporate to its
17                    registered office or usual or last known place of business.
18      (4)   An infringement notice may be withdrawn even if the infringement
19            penalty has been paid.

20   239.     Refund of infringement penalty
21            If an infringement notice is withdrawn in accordance with
22            section 238, the amount of any infringement penalty paid must be
23            refunded by the Regulator.

24   240.     Payment expiates breach of infringement penalty provision
25            No proceedings may be taken by the Regulator against a person on
26            whom an infringement notice was served in respect of an alleged
27            breach of an infringement penalty provision if --
28              (a) the infringement penalty is --
29                      (i)   paid within the time for payment stated in the notice;
30                            and




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1                         (ii)     not withdrawn by the Regulator within the time for
2                                  payment stated in the notice in accordance with
3                                  section 238;
4                        or
5                 (b)    the infringement penalty is accepted in accordance with
6                        section 237.

7    241.       Payment not to have certain consequences
8               The payment of an infringement penalty under this Part is not and
9               must not be taken to be an admission of a breach of an infringement
10              penalty provision or an admission of liability for the purpose of any
11              proceeding instituted in respect of the breach.

12   242.       Conduct in breach of more than 1 infringement penalty provision
13      (1)     If the conduct of a person constitutes a breach of 2 or more
14              infringement penalty provisions, an infringement notice may be
15              served on the person under this Part in relation to the breach of any
16              1 or more of those provisions.
17      (2)     However, the person is not liable to pay more than 1 infringement
18              penalty in respect of the same conduct.

19                                   Part 10 -- General

20                            Division 1 -- Delegation by Minister

21   243.       Delegation by Minister
22      (1)     The Minister may delegate to a body or person (including a person for
23              the time being holding or acting in a specified office or position) a
24              function or power of the Minister under this Law.
25      (2)     A function or power delegated under this section may, if the
26              instrument of delegation so provides, be further delegated.

27                      Division 2 -- Confidentiality of information

28   244.       Confidentiality of information
29      (1)     This section applies if a person obtains information or gains access to
30              a document in exercising any power or function under this Law.

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1    (2)   The person must not do any of the following --
2            (a) disclose to anyone else --
3                          (i)   the information; or
4                         (ii)
                             the contents of or information contained in the
5                            document;
6            (b)     give access to the document to anyone else;
7            (c)         use the information or document for any purpose.
8          Maximum penalty:
9                  (a)      in the case of an individual -- $10 000;
10                 (b)      in the case of a body corporate -- $50 000.
11   (3)   Subsection (2) does not apply to the disclosure of information, or the
12         giving of access to a document or the use of information or a
13         document --
14           (a)     about a person, with the person's consent; or
15           (b)     that is necessary for the exercise of a function or power under
16                   this Law; or
17           (c)         that is made or given by ONRSR, a member of ONRSR, or a
18                       person authorised by ONRSR, if ONRSR reasonably believes
19                       the disclosure, access or use --
20                          (i) is necessary for administering, or monitoring or
21                                enforcing compliance with, this Law; or
22                         (ii) is necessary for the administration or enforcement of
23                                an Act prescribed by the national regulations; or
24                        (iii) is necessary for the administration or enforcement of
25                                an Act or other law, if the disclosure, access or use is
26                                necessary to lessen or prevent a serious risk to public
27                                health or safety;
28                   or
29           (d)     that is required by any court, tribunal, authority or person
30                   having lawful authority to require the production of
31                   documents or the answering of questions; or
32           (e)         that is required or authorised under a law; or
33           (f)     to a Minister of a participating jurisdiction.



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1       (4)     A person must not intentionally disclose to another person the name
2               of an individual who has made a complaint in relation to that other
3               person unless --
4                 (a) the disclosure is made with the consent of the complainant; or
5                 (b)     the disclosure is required under a law.
6               Maximum penalty:
7                       (a)   in the case of an individual -- $10 000;
8                       (b)   in the case of a body corporate -- $50 000.
9       (5)     Nothing in this section prevents information being used to enable
10              ONRSR to accumulate aggregate data and to enable ONRSR to
11              authorise use of the aggregate data for the purposes of research or
12              education.

13            Division 3 -- Law does not affect legal professional privilege

14   245.       Law does not affect legal professional privilege
15              Nothing in this Law requires a person to produce a document that
16              would disclose information, or otherwise provide information, that is
17              the subject of legal professional privilege.

18                                Division 4 -- Civil liability

19   246.       Civil liability not affected by Part 3 Division 3 or Division 6
20              Nothing in Part 3 Division 3 or Part 3 Division 6 is to be construed --
21               (a) as conferring a right of action in civil proceedings in respect
22                     of a contravention (whether by act or omission) of any
23                     provisions of those Divisions; or
24                (b)     as conferring a defence to an action in civil proceedings or
25                        otherwise affecting a right of action in civil proceedings; or
26                (c)     affecting the extent (if any) to which a right of action arises,
27                        or civil proceedings may be taken, with respect to breaches of
28                        duties or obligations imposed by the national regulations.




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1    247.     Protection from personal liability for persons exercising functions
2       (1)   A person who is or was a protected person is not personally liable for
3             anything done or omitted to be done in good faith --
4               (a)   in the exercise of a function under this Law; or
5               (b)   in the reasonable belief that the act or omission was the
6                     exercise of a function under this Law.
7       (2)   Any liability resulting from an act or omission that would, but for
8             subsection (1), attach to a protected person attaches instead to
9             ONRSR.
10      (3)   In this section --
11            protected person means any of the following --
12              (a)   a member of ONRSR;
13              (b)   a member of a committee of ONRSR;
14              (c)   a member of the staff of ONRSR;
15              (d)   a rail safety officer;
16              (e)   an authorised person;
17              (f)   a person to whom ONRSR has delegated any of its functions;
18              (g)   a person to whom an entity, or the chief executive of an entity
19                    or department of government, of a participating jurisdiction
20                    has subdelegated a function delegated to the chief executive
21                    by ONRSR;
22              (h)   a member of the staff of an entity or department referred to in
23                    paragraph (g);
24              (i)   a person acting under the authority or direction of a person
25                    referred to in paragraphs (a) to (h).

26   248.     Immunity for reporting unfit rail safety worker
27      (1)   No action may be taken against a person to whom this section applies
28            who, in good faith, reports to --
29              (a)   ONRSR; or
30              (b)   a member of ONRSR; or
31              (c)   a rail transport operator; or



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1                 (d)    any other person who is employed or engaged by ONRSR or
2                        a rail transport operator,
3               any information which discloses that a person is unfit to carry out rail
4               safety work or certain types of rail safety work or that it may be
5               dangerous to allow that person to carry out rail safety work or certain
6               types of rail safety work.
7       (2)     No action may be taken against a person to whom this section applies
8               who, in good faith, reports --
9                 (a)    the results of a test or examination carried out under this Law
10                       or the national regulations; or
11                (b)    an opinion formed by that person as a result of conducting
12                       such a test or examination,
13              to a person referred to in subsection (1)(a), (b), (c) or (d).
14      (3)     In this section --
15              person to whom this section applies means --
16                (a)    a person registered under the Health Practitioner Regulation
17                       National Law to practise in the medical profession (other than
18                       as a student); or
19                (b)    a person registered under the Health Practitioner Regulation
20                       National Law to practise in the nursing and midwifery
21                       profession as a nurse (other than as a student); or
22                (c)    a person registered under the Health Practitioner Regulation
23                       National Law to practise in the optometry profession (other
24                       than as a student); or
25                (d)    a person registered under the Health Practitioner Regulation
26                       National Law to practise in the physiotherapy profession
27                       (other than as a student); or
28                (e)    a person brought within the ambit of this definition by the
29                       national regulations.




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1                           Division 5 -- Codes of practice

2    249.     Approved codes of practice
3       (1)   The responsible Ministers may approve a code of practice for the
4             purposes of this Law and may vary or revoke an approved code of
5             practice.
6       (2)   The responsible Ministers may only approve, vary or revoke a code of
7             practice under subsection (1) if that code of practice, variation or
8             revocation was developed by a process that involved consultation
9             among --
10              (a)   each participating jurisdiction; and
11              (b)   rail transport operators and any relevant employer
12                    organisation; and
13              (c)   rail safety workers and any relevant union.
14      (3)   A code of practice may apply, adopt or incorporate any matter
15            contained in a document formulated, issued or published by a person
16            or body whether --
17              (a) with or without modification; or
18              (b)   as in force at a particular time or from time to time.
19      (4)   An approval of a code of practice, or a variation or revocation of an
20            approved code of practice --
21              (a) is to be published on the NSW legislation website in
22                   accordance with Part 6A of the Interpretation Act 1987 of
23                   New South Wales; and
24              (b)   will commence on the day or days specified in the approval,
25                    variation or revocation for its commencement (being not
26                    earlier than the date it is published); and
27              (c)   is to be published by the Regulator on ONRSR's website.
28      (5)   The Regulator must ensure that a copy of --
29              (a) each code of practice that is currently approved; and
30              (b)   each document applied, adopted or incorporated (to any
31                    extent) by an approved code of practice,



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1               is available for inspection by members of the public without charge at
2               ONRSR's office during normal business hours.

3    250.       Use of codes of practice in proceedings
4       (1)     This section applies in a proceeding for an offence against this Law.
5       (2)     An approved code of practice is admissible in the proceeding as
6               evidence of whether or not a duty or obligation under this Law has
7               been complied with.
8       (3)     The court may --
9                 (a) have regard to the code as evidence of what is known about a
10                     hazard or risk, risk assessment or risk control to which the
11                     code relates; and
12                (b)    rely on the code in determining what is reasonably practicable
13                       in the circumstances to which the code relates.
14              Note: See section 47 for the meaning of reasonably practicable.

15      (4)     Nothing in this section prevents a person from introducing evidence
16              of compliance with this Law in a manner that is different from the
17              code but provides a standard of rail work safety that is equivalent to
18              or higher than the standard required in the code.

19                  Division 6 -- Enforceable voluntary undertakings

20   251.       Enforceable voluntary undertaking
21      (1)     The Regulator may accept (by written notice) a written undertaking (a
22              rail safety undertaking) given by a person in connection with a
23              matter relating to a contravention or alleged contravention by the
24              person of this Law.
25      (2)     A rail safety undertaking cannot be accepted for a contravention or
26              alleged contravention that is a Category 1 offence.
27      (3)     The giving of a rail safety undertaking does not constitute an
28              admission of guilt by the person giving it in respect of the
29              contravention or alleged contravention to which the undertaking
30              relates.




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1    252.     Notice of decisions and reasons for decision
2       (1)   The Regulator must give the person seeking to make a rail safety
3             undertaking written notice of the Regulator's decision to accept or
4             reject the undertaking and of the reasons for the decision.
5       (2)   The Regulator must publish, on the Register, notice of a decision to
6             accept a rail safety undertaking and the reasons for that decision.

7    253.     When a rail safety undertaking is enforceable
8             A rail safety undertaking takes effect and becomes enforceable when
9             the Regulator's decision to accept the undertaking is given to the
10            person who made the undertaking or at any later date specified by the
11            Regulator.

12   254.     Compliance with rail safety undertaking
13            A person must not contravene a rail safety undertaking made by that
14            person that is in effect.
15            Maximum penalty:
16                    (a)      in the case of an individual -- $10 000;
17                    (b)      in the case of a body corporate -- $50 000.

18   255.     Contravention of rail safety undertaking
19      (1)   If the Regulator considers that a person has contravened an
20            undertaking accepted by the Regulator, the Regulator may apply to
21            the court for enforcement of the undertaking.
22      (2)   If the court is satisfied that the person has contravened the
23            undertaking, the court, in addition to the imposition of any penalty,
24            may make any of the following orders --
25              (a)         an order that the person must comply with the undertaking or
26                          take specified action to comply with the undertaking;
27              (b)     an order discharging the undertaking;
28              (c)         an order directing the person to pay to the Regulator --
29                            (i)   the costs of the proceedings; and
30                           (ii)   the reasonable costs of the Regulator in monitoring
31                                  compliance with the rail safety undertaking in the
32                                  future;

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1                 (d)     any other order that it considers appropriate in the
2                         circumstances.
3       (3)     A person must not fail to comply with an order under this section.
4               Maximum penalty:
5                       (a)   in the case of an individual -- $5 000;
6                       (b)   in the case of a body corporate -- $25 000.
7       (4)     Nothing in this section prevents proceedings being brought for the
8               contravention or alleged contravention of this Law to which the rail
9               safety undertaking relates.

10   256.       Withdrawal or variation of rail safety undertaking
11      (1)     A person who has made a rail safety undertaking may, at any time,
12              with the written agreement of the Regulator --
13                (a)     withdraw the undertaking; or
14                (b)     vary the undertaking.
15      (2)     However, the provisions of the undertaking cannot be varied to
16              provide for a different alleged contravention of this Law.
17      (3)     The Regulator must publish, on the Register, notice of the withdrawal
18              or variation of a rail safety undertaking.

19   257.       Proceedings for alleged contravention
20      (1)     Subject to this section, no proceedings for a contravention or alleged
21              contravention of this Law may be brought against a person if a rail
22              safety undertaking is in effect in relation to that contravention.
23      (2)     No proceedings may be brought for a contravention or alleged
24              contravention of this Law against a person who has made a rail safety
25              undertaking in respect of that contravention and has completely
26              discharged the rail safety undertaking.
27      (3)     The Regulator may accept a rail safety undertaking in respect of a
28              contravention or alleged contravention before proceedings in respect
29              of that contravention have been finalised.
30      (4)     If the Regulator accepts a rail safety undertaking before the
31              proceedings are finalised, the Regulator must take all reasonable steps
32              to have the proceedings discontinued as soon as possible.

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1                                Division 7 -- Other matters

2    258.     Service of documents
3       (1)   A notice or document required or authorised by or under this Law to
4             be given or served on a person may be served on the person --
5               (a) by delivering it personally to the person; or
6               (b)   by sending it by post addressed to the person to the person's
7                     last known address; or
8               (c)   if the person holds an accreditation or registration, or has
9                     been granted an exemption, under this Law --
10                         (i)   by sending it by post addressed to the person to that
11                               person's address for service; or
12                      (ii)     be left for the person at the person's address for
13                               service with someone apparently over the age of
14                               16 years;
15                    or
16              (d)   be transmitted by fax or email to a fax number or email
17                    address provided by the person for that purpose (in which
18                    case the notice or document will be taken to have been given
19                    or served at the time of transmission).
20      (2)   The address for service of a person is the address last provided by the
21            person in writing to the Regulator as the address for service.

22   259.     Recovery of certain costs
23            The Regulator may recover as a debt from a rail transport operator the
24            reasonable costs of the entry and inspection of railway infrastructure,
25            rolling stock or railway premises in respect of which the person is
26            accredited, other than the costs of an inspection of an accredited
27            person under Part 3 Division 11.

28   260.     Recovery of amounts due
29            Every fee, charge or other amount of money payable under this Law
30            may be recovered by the Regulator as a debt due to the Regulator in a
31            court of competent jurisdiction.




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1    261.       Compliance with conditions of accreditation or registration
2       (1)     If --
3                 (a)    a condition or restriction to which the accreditation of a
4                        person is subject makes provision for or with respect to a duty
5                        or obligation imposed by this Law; and
6                 (b)    the accredited person complies with the condition or
7                        restriction to the extent that it makes that provision,
8               the accredited person is, for the purposes of this Law, taken to have
9               complied with this Law in relation to that duty or obligation.
10      (2)     If --
11                 (a)   a condition or restriction to which the registration of a person
12                       is subject makes provision for or with respect to a duty or
13                       obligation imposed by this Law; and
14                (b)    the registered person complies with the condition or
15                       restriction to the extent that it makes that provision,
16              the registered person is, for the purposes of this Law, taken to have
17              complied with this Law in relation to that duty or obligation.

18   262.       Contracting out prohibited
19              A term of any contract or agreement that purports to exclude, limit or
20              modify the operation of this Law or any duty under this Law or to
21              transfer to another person any duty owed under this Law is void.

22     Division 8 -- Application of certain South Australian Acts to this Law

23   263.       Application of certain South Australian Acts to this Law
24      (1)     The following Acts (as in force from time to time) apply as laws of a
25              participating jurisdiction for the purposes of this Law --
26                (a) the Freedom of Information Act 1991 of South Australia;
27                (b)    the Ombudsman Act 1972 of South Australia;
28                (c)    the Public Finance and Audit Act 1987 of South Australia;
29                (d)    the State Records Act 1997 of South Australia.
30      (2)     However, subject to subsection (4), the Acts referred to in
31              subsection (1) do not apply for the purposes of this Law to the extent

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1             that functions are being exercised under this Law by a State or
2             Territory entity, other than a South Australian entity.
3       (3)   The national regulations may modify any such Act for the purposes of
4             this Law.
5       (4)   Without limiting subsection (3), the national regulations may --
6              (a) provide that the Act applies as if a provision of the Act
7                    specified in the national regulations were omitted; or
8               (b)   provide that the Act applies as if an amendment to the Act
9                     made by a law of South Australia, and specified in the
10                    national regulations, had not taken effect; or
11              (c)   confer a function on a State or Territory entity; or
12              (d)   confer jurisdiction on a tribunal or court of a participating
13                    jurisdiction.
14      (5)   An Act referred to in subsection (1) applies for the purposes of this
15            Law as if the Minister responsible for a government agency were the
16            Minister in relation to a body established by this Law.

17                        Division 9 -- National regulations

18   264.     National regulations
19      (1)   For the purposes of this section, the designated authority is the
20            Governor of the State of South Australia, or other officer for the time
21            being administering the Government of that State, acting with the
22            advice and consent of the Executive Council of that State.
23      (2)   The designated authority, on the unanimous recommendation of the
24            responsible Ministers, may make regulations (national regulations)
25            as contemplated by this Law, or as necessary or expedient for the
26            purposes of this Law, including regulations that make provision for or
27            in relation to any of the matters specified in Schedule 1 to this Law.
28      (3)   Where the national regulations refer to or incorporate a code, standard
29            or other document prepared or published by a prescribed body --
30              (a)   a copy of the code, standard or other document must be kept
31                    available for inspection by members of the public, without
32                    charge and during normal office hours, at the office or offices
33                    specified in the regulations; and


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1                 (b)   in legal proceedings, evidence of the contents of the code,
2                       standard or other document may be given by production of a
3                       document purporting to be certified by or on behalf of the
4                       Regulator as a true copy of the code, standard or other
5                       document; and
6                 (c)   the code, standard or other document has effect as if it were a
7                       regulation made under this Law.

8    265.       Publication of national regulations
9       (1)     The national regulations are to be published on the NSW legislation
10              website in accordance with Part 6A of the Interpretation Act 1987 of
11              New South Wales.
12      (2)     A regulation commences on the day or days specified in the
13              regulation for its commencement (being not earlier than the date it is
14              published).




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1                   Schedule 1 -- National regulations
2    1.   Accreditations under this Law, including --
3           (a) requirements, standards, qualifications or conditions that
4                  must be satisfied; and
5           (b)    requirements as to the terms, conditions, restrictions or
6                  particulars applying under or with respect to them; and
7           (c)    other matters relating to their granting, refusal, variation,
8                  suspension, cancellation or surrender.
9    2.   Registrations under this Law, including --
10          (a)    requirements, standards, qualifications or conditions that
11                 must be satisfied; and
12          (b)    requirements as to the terms, conditions, restrictions or
13                 particulars applying under or with respect to them; and
14          (c)    other matters relating to their granting, refusal, variation,
15                 suspension, cancellation or surrender.
16   3.   A scheme for certificates of competency (or provisional certificates of
17        competency) for persons employed or engaged in rail safety work,
18        and for the duration, variation, suspension or cancellation of those
19        certificates.
20   4.   The prohibition of the carrying on of rail safety work or other
21        prescribed activity except by or under the supervision of a person --
22           (a) who holds an appropriate certificate of competency; or
23          (b)    who has prescribed qualifications, training or experience.
24   5.   Safety standards or other requirements that must be complied with --
25          (a)    in connection with the construction, maintenance or
26                 operation of a railway; or
27          (b)    in connection with the performance of any work or activity;
28                 or
29          (c)    in relation to any rail infrastructure, rolling stock, trains,
30                 system, devices, appliance or equipment; or
31          (d)    in relation to sidings.
32   6.   Procedures (including consultation) for the making, adoption and
33        amendment of rules and procedures relating to rail network operations

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1               made or adopted for the purposes of Part 3 Division 3 by the rail
2               infrastructure manager responsible for the management of that part of
3               the rail network.
4    7.         The safeguarding, siting, installing, testing, altering, maintaining or
5               removal of any rail infrastructure, rolling stock, system, device,
6               appliance or equipment.
7    8.         The records and documents to be kept by any person, the manner of
8               keeping those records and documents, and their inspection.
9    9.         The providing of returns and other information, verified as prescribed.
10   10.        The registration of plans and other documents required under this
11              Law.
12   11.        The recording, investigation and reporting of accidents and incidents.
13   12.        The health, fitness and functions of rail safety workers.
14   13.        Drug and alcohol management of rail safety workers, including --
15                 (a)   the allowed concentration of alcohol; and
16                 (b)   procedures for drug and alcohol testing, including
17                       compulsory testing; and
18                 (c)   providing for the authorisation of persons to conduct drug
19                       and alcohol testing and operate equipment for that purpose;
20                       and
21                 (d)   regulating the collection of biological samples from rail
22                       safety workers for the purposes of drug and alcohol testing;
23                       and
24                 (e)   providing for the analysis of test results, including the
25                       accreditation of persons conducting the analysis; and
26                 (f)   providing for the approval of devices used in carrying out
27                       drug and alcohol testing and analysis; and
28                 (g)   providing for the use of results from any testing or analysis,
29                       or the steps that may be taken on account of any testing or
30                       any evidence or information produced as a result of testing;
31                       and
32                 (h)   prescribing the circumstances that amount to a defence to a
33                       breach of the regulations, including where the consumption
34                       of alcohol or drugs occurs after rail safety work has been
35                       carried out; and

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1             (i)   providing for the confidentiality of test results; and
2             (j)   regulating the destruction of biological samples collected for
3                   testing; and
4             (k)   providing for the protection of persons involved in taking or
5                   conducting testing from liability for acts or omissions done
6                   in good faith and in accordance with the regulations.
7    14.   Fatigue management of rail safety workers, including work hours and
8          rest periods.
9    15.   The regulation of the conduct of passengers and other persons on
10         railways, or on land or premises associated with a railway.
11   16.   Trespass on, or entry to, railways, or on land, premises, infrastructure
12         or rolling stock associated with a railway.
13   17.   The regulation or prohibition of the carriage of goods, freight or
14         animals on railways.
15   18.   The unauthorised use of railways or rolling stock.
16   19.   The display of signs and notices.
17   20.   The opening and closing of railway gates.
18   21.   The regulation of vehicles, animals and pedestrians crossing railways.
19   22.   The regulation of crossings.
20   23.   The loading, unloading or transportation of freight.
21   24.   The identification of rolling stock, rail infrastructure, devices,
22         appliances, equipment or freight.
23   25.   Causing damage to, or interfering with or removing, rolling stock, rail
24         infrastructure, devices, appliances, equipment or freight.
25   26.   Procedures associated with inspections, examinations or tests under
26         this Law.
27   27.   The form and service of notices and other documents under this Law.
28   28.   Empowering the Regulator to prohibit a person from acting (or from
29         continuing to act) as a rail safety worker for a specified period, or
30         until further order of the Regulator.
31   29.   Fixing fees and charges for the purposes of this Law or in respect of
32         any matter arising under this Law, including a fee that the Regulator


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1               may recover from an accredited person as a debt if the accredited
2               person fails to comply with a requirement of this Law within a
3               specified time.
4    30.        Generally, evidence in proceedings for an offence against the
5               regulations.
6    31.        Infringement penalty provisions, including requirements for
7               infringement notices and the fixing of infringement penalties, not
8               exceeding $1 500, for contravention of an alleged offence against this
9               Law or the regulations.
10   32.        The imposition of penalties, not exceeding $10 000 for a
11              contravention of, or failure to comply with, a regulation.




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1         Schedule 2 -- Miscellaneous provisions relating to interpretation

2                                   Part 1 -- Preliminary

3    1.          Displacement of Schedule by contrary intention
4                The application of this Schedule may be displaced, wholly or partly,
5                by a contrary intention appearing in this Law.

6                                     Part 2 -- General

7    2.          Law to be construed not to exceed legislative power of Parliament
8          (1)   This Law is to be construed as operating to the full extent of, but so as
9                not to exceed, the legislative power of the Parliament of this
10               jurisdiction.
11         (2)   If a provision of this Law, or the application of a provision of this
12               Law to a person, subject matter or circumstance, would, but for this
13               clause, be construed as being in excess of the legislative power of the
14               Parliament of this jurisdiction --
15                 (a)   it is a valid provision to the extent to which it is not in excess
16                       of the power; and
17                 (b)   the remainder of this Law, and the application of the
18                       provision to other persons, subject matters or circumstances,
19                       is not affected.
20         (3)   This clause applies to this Law in addition to, and without limiting the
21               effect of, any provision of this Law.

22   3.          Every section to be a substantive enactment
23               Every section of this Law has effect as a substantive enactment
24               without introductory words.

25   4.          Material that is, and is not, part of this Law
26         (1)   The heading to a Part, Division or Subdivision into which this Law is
27               divided is part of this Law.
28         (2)   A Schedule to this Law is part of this Law.



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1         (3)   Punctuation in this Law is part of this Law.
2         (4)   A heading to a section or subsection of this Law does not form part of
3               this Law.

4    5.         References to particular Acts and to enactments
5               In this Law --
6                 (a) an Act of this jurisdiction may be cited --
7                         (i)    by its short title; or
8                         (ii)   by reference to the year in which it was passed and its
9                                number;
10                      and
11                (b)   a Commonwealth Act may be cited --
12                        (i)    by its short title; or
13                        (ii)  in another way sufficient in a Commonwealth Act for
14                              the citation of such an Act,
15                      together with a reference to the Commonwealth; and
16                (c)   an Act of another jurisdiction may be cited --
17                         (i)  by its short title; or
18                        (ii)  in another way sufficient in an Act of the jurisdiction
19                              for the citation of such an Act,
20                      together with a reference to the jurisdiction.

21   6.         References taken to be included in Law or Act citation etc
22        (1)   A reference in this Law to this Law or an Act includes a reference
23              to --
24                (a)   this Law or the Act as originally enacted, and as amended
25                      from time to time since its original enactment; and
26                (b)   if this Law or the Act has been repealed and re-enacted (with
27                      or without modification) since the enactment of the
28                      reference -- this Law or the Act as re-enacted, and as
29                      amended from time to time since its re-enactment.




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1         (2)   A reference in this Law to a provision of this Law or of an Act
2               includes a reference to --
3                 (a)   the provision as originally enacted, and as amended from
4                       time to time since its original enactment; and
5                 (b)   if the provision has been omitted and re-enacted (with or
6                       without modification) since the enactment of the reference --
7                       the provision as re-enacted, and as amended from time to
8                       time since its re-enactment.
9         (3)   Subclauses (1) and (2) apply to a reference in this Law to a law of the
10              Commonwealth or another jurisdiction as they apply to a reference in
11              this Law to an Act and to a provision of an Act.

12   7.         Interpretation best achieving Law's purpose or object
13        (1)   In the interpretation of a provision of this Law, the interpretation that
14              will best achieve the purpose or object of this Law is to be preferred
15              to any other interpretation.
16        (2)   Subclause (1) applies whether or not the purpose is expressly stated in
17              this Law.

18   8.         Use of extrinsic material in interpretation
19        (1)   In this clause --
20              extrinsic material means relevant material not forming part of this
21              Law, including (for example) --
22                (a)   material that is set out in the document containing the text of
23                      this Law as printed by the Government Printer; and
24                (b)   a relevant report of a Royal Commission, Law Reform
25                      Commission, commission or committee of inquiry, or a
26                      similar body, that was laid before the Parliament of this
27                      jurisdiction before the provision concerned was enacted; and
28                (c)   a relevant report of a committee of the Parliament of this
29                      jurisdiction that was made to the Parliament before the
30                      provision was enacted; and
31                (d)   a treaty or other international agreement that is mentioned in
32                      this Law; and
33                (e)   an explanatory note or memorandum relating to the Bill that
34                      contained the provision, or any relevant document, that was

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1                       laid before, or given to the members of, the Parliament of this
2                       jurisdiction by the member bringing in the Bill before the
3                       provision was enacted; and
4                 (f)   the speech made to the Parliament of this jurisdiction by the
5                       member in moving a motion that the Bill be read a second
6                       time; and
7                 (g)   material in the Votes and Proceedings of the Parliament of
8                       this jurisdiction or in any official record of debates in the
9                       Parliament of this jurisdiction; and
10                (h)   a document that is declared by this Law to be a relevant
11                      document for the purposes of this clause;
12              ordinary meaning means the ordinary meaning conveyed by a
13              provision having regard to its context in this Law and to the purpose
14              of this Law.
15      (2)     Subject to subclause (3), in the interpretation of a provision of this
16              Law, consideration may be given to extrinsic material capable of
17              assisting in the interpretation --
18                (a) if the provision is ambiguous or obscure -- to provide an
19                       interpretation of it; or
20                (b) if the ordinary meaning of the provision leads to a result that
21                       is manifestly absurd or is unreasonable -- to provide an
22                       interpretation that avoids such a result; or
23                (c)   in any other case -- to confirm the interpretation conveyed
24                      by the ordinary meaning of the provision.
25      (3)     In determining whether consideration should be given to extrinsic
26              material, and in determining the weight to be given to extrinsic
27              material, regard is to be had to --
28                (a)   the desirability of a provision being interpreted as having its
29                      ordinary meaning; and
30                (b)   the undesirability of prolonging proceedings without
31                      compensating advantage; and
32                (c)   other relevant matters.




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1    9.          Effect of change of drafting practice
2                If --
3                  (a)   a provision of this Law expresses an idea in particular words;
4                        and
5                  (b)   a provision enacted later appears to express the same idea in
6                        different words for the purpose of implementing a different
7                        legislative drafting practice, including (for example) --
8                          (i)    the use of a clearer or simpler style; or
9                          (ii)   the use of gender-neutral language,
10               the ideas must not be taken to be different merely because different
11               words are used.

12   10.         Use of examples
13               If this Law includes an example of the operation of a provision --
14                  (a) the example is not exhaustive; and
15                 (b)   the example does not limit, but may extend, the meaning of
16                       the provision; and
17                 (c)   the example and the provision are to be read in the context of
18                       each other and the other provisions of this Law, but, if the
19                       example and the provision so read are inconsistent, the
20                       provision prevails.

21   11.         Compliance with forms
22         (1)   If a form is prescribed or approved by or for the purpose of this Law,
23               strict compliance with the form is not necessary and substantial
24               compliance is sufficient.
25         (2)   If a form prescribed or approved by or for the purpose of this Law
26               requires --
27                  (a) the form to be completed in a specified way; or
28                 (b)   specified information or documents to be included in,
29                       attached to or given with the form; or




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1                  (c)   the form, or information or documents included in, attached
2                        to or given with the form, to be verified in a specified way,
3                the form is not properly completed unless the requirement is complied
4                with.

5                              Part 3 -- Terms and references

6    12.         Definitions
7          (1)   In this Law --
8                Act means an Act of the Parliament of this jurisdiction;
9                adult means an individual who is 18 or more;
10               affidavit, in relation to a person allowed by law to affirm, declare or
11               promise, includes affirmation, declaration and promise;
12               amend includes --
13                 (a)   omit or omit and substitute; or
14                 (b)   alter or vary; or
15                 (c)   amend by implication;
16               appoint includes reappoint;
17               Australia means the Commonwealth of Australia but, when used in a
18               geographical sense, does not include an external Territory;
19               business day means a day that is not --
20                 (a)   a Saturday or Sunday; or
21                 (b)    a public holiday, special holiday or bank holiday in the place
22                        in which any relevant act is to be or may be done;
23               calendar month means a period starting at the beginning of any day
24               of 1 of the 12 named months and ending --
25                 (a) immediately before the beginning of the corresponding day of
26                        the next named month; or
27                 (b) if there is no such corresponding day -- at the end of the next
28                        named month;
29               calendar year means a period of 12 months beginning on 1 January;
30               commencement, in relation to this Law or an Act or a provision of
31               this Law or an Act, means the time at which this Law, the Act or
32               provision comes into operation;


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1    Commonwealth means the Commonwealth of Australia but, when
2    used in a geographical sense, does not include an external Territory;
3    confer, in relation to a function, includes impose;
4    contravene includes fail to comply with;
5    country includes --
6      (a)   a federation; or
7      (b)   a state, province or other part of a federation;
8    date of assent, in relation to an Act, means the day on which the Act
9    receives the Royal Assent;
10   definition means a provision of this Law (however expressed) that --
11     (a)   gives a meaning to a word or expression; or
12     (b)   limits or extends the meaning of a word or expression;
13   document means any record of information and includes --
14     (a)   any paper or other material on which there is writing; or
15     (b)   any paper or other material on which there are marks, figures,
16           symbols or perforations having a meaning for a person
17           qualified to interpret them; or
18     (c)   any computer, disc, tape or other article or any material from
19           which sounds, images, writings or messages are capable of
20           being reproduced (with or without the aid of another article or
21           device); or
22     (d)   a map, plan, drawing or photograph;
23   electronic communication means --
24     (a) a communication of information in the form of data, text or
25           images by means of guided or unguided electromagnetic
26           energy, or both; or
27     (b)    a communication of information in the form of sound by
28            means of guided or unguided electromagnetic energy, or
29            both, where the sound is processed at its destination by an
30            automated voice recognition system;
31   estate includes easement, charge, right, title, claim, demand, lien or
32   encumbrance, whether at law or in equity;
33   expire includes lapse or otherwise cease to have effect;



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1               external Territory means a Territory, other than an internal Territory,
2               for the government of which as a Territory provision is made by a
3               Commonwealth Act;
4               fail includes refuse;
5               financial year means a period of 12 months beginning on 1 July;
6               function includes a power or duty;
7               Government Printer means the Government Printer of this
8               jurisdiction, and includes any other person authorised by the
9               Government of this jurisdiction to print an Act or instrument;
10              individual means a natural person;
11              information system means a system for generating, sending,
12              receiving, storing or otherwise processing electronic communications;
13              insert, in relation to a provision of this Law, includes substitute;
14              instrument includes a statutory instrument;
15              interest, in relation to land or other property, means --
16                (a)   a legal or equitable estate in the land or other property; or
17                (b)   a right, power or privilege over, or in relation to, the land or
18                      other property;
19              internal Territory means the Australian Capital Territory, the Jervis
20              Bay Territory or the Northern Territory;
21              Jervis Bay Territory means the Territory mentioned in the Jervis Bay
22              Territory Acceptance Act 1915 of the Commonwealth;
23              make includes issue or grant;
24              minor means an individual who is under 18;
25              modification includes addition, omission or substitution;
26              month means a calendar month;
27              named month means 1 of the 12 months of the year;
28              Northern Territory means the Northern Territory of Australia;
29              number means --
30                (a)   a number expressed in figures or words; or
31                (b)   a letter; or
32                (c)   a combination of a number so expressed and a letter;



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1    oath, in relation to a person allowed by law to affirm, declare or
2    promise, includes affirmation, declaration or promise;
3    office includes position;
4    omit, in relation to a provision of this Law or an Act, includes repeal;
5    party includes an individual or a body politic or corporate;
6    penalty includes forfeiture or punishment;
7    person includes an individual or a body politic or corporate;
8    power includes authority;
9    prescribed means prescribed by, or by regulations made or in force
10   for the purposes of or under, this Law;
11   printed includes typewritten, lithographed or reproduced by any
12   mechanical means;
13   proceeding means a legal or other action or proceeding;
14   property means any legal or equitable estate or interest (whether
15   present or future, vested or contingent, or tangible or intangible) in
16   real or personal property of any description (including money), and
17   includes things in action;
18   provision, in relation to this Law or an Act, means words or other
19   matter that form or forms part of this Law or the Act, and includes --
20     (a) a Chapter, Part, Division, Subdivision, section, subsection,
21            paragraph, subparagraph, subsubparagraph or Schedule of or
22            to this Law or the Act; or
23     (b) a clause, section, subsection, item, column, table or form of
24            or in a Schedule to this Law or the Act; or
25     (c) the long title and any preamble to the Act;
26   repeal includes --
27     (a)   revoke or rescind; or
28     (b)   repeal by implication; or
29     (c)   abrogate or limit the effect of this Law or instrument
30           concerned; or
31     (d)   exclude from, or include in, the application of this Law or
32           instrument concerned, any person, subject matter or
33           circumstance;
34   sign includes the affixing of a seal or the making of a mark;


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1                statutory declaration means a declaration made under an Act of this
2                jurisdiction, or under a Commonwealth Act or an Act of another
3                jurisdiction, that authorises a declaration to be made otherwise than in
4                the course of a judicial proceeding;
5                statutory instrument means an instrument (including a regulation)
6                made or in force under or for the purposes of this Law, and includes
7                an instrument made or in force under any such instrument;
8                swear, in relation to a person allowed by law to affirm, declare or
9                promise, includes affirm, declare or promise;
10               word includes any symbol, figure or drawing;
11               writing includes any mode of representing or reproducing words in a
12               visible form;
13               year, without specifying the type of year, means calendar year.
14         (2)   In a statutory instrument --
15               the Law means this Law.

16   13.         Provisions relating to defined terms and gender and number
17         (1)   If this Law defines a word or expression, other parts of speech and
18               grammatical forms of the word or expression have corresponding
19               meanings.
20         (2)   Definitions in or applicable to this Law apply except so far as the
21               context or subject matter otherwise indicates or requires.
22         (3)   In this Law, words indicating a gender include each other gender.
23         (4)   In this Law --
24                 (a) words in the singular include the plural; and
25                 (b)   words in the plural include the singular.

26   14.         Meaning of may and must etc
27         (1)   In this Law, the word "may", or a similar word or expression, used in
28               relation to a power indicates that the power may be exercised or not
29               exercised, at discretion.
30         (2)   In this Law, the word "must", or a similar word or expression, used in
31               relation to a power indicates that the power is required to be
32               exercised.

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1          (3)   This clause has effect despite any rule of construction to the contrary.

2    15.         Words and expressions used in statutory instruments
3          (1)   Words and expressions used in a statutory instrument have the same
4                meanings as they have, from time to time, in this Law, or relevant
5                provisions of this Law, under or for the purposes of which the
6                instrument is made or in force.
7          (2)   This clause has effect in relation to an instrument except so far as the
8                contrary intention appears in the instrument.

9    16.         Effect of express references to bodies corporate and individuals
10               In this Law, a reference to a person generally (whether the expression
11               "person", "party", "someone", "anyone", "no-one", "one", "another"
12               or "whoever" or another expression is used) --
13                 (a)   does not exclude a reference to a body corporate or an
14                       individual merely because elsewhere in this Law there is
15                       particular reference to a body corporate (however expressed);
16                       and
17                 (b)   does not exclude a reference to an individual or a body
18                       corporate merely because elsewhere in this Law there is
19                       particular reference to an individual (however expressed).

20   17.         Production of records kept in computers etc
21               If a person who keeps a record of information by means of a
22               mechanical, electronic or other device is required by or under this
23               Law --
24                 (a)   to produce the information or a document containing the
25                       information to a court, tribunal or person; or
26                 (b)   to make a document containing the information available for
27                       inspection by a court, tribunal or person,
28               then, unless the court, tribunal or person otherwise directs --
29                 (c) the requirement obliges the person to produce or make
30                       available for inspection (as the case may be) a document that
31                       reproduces the information in a form capable of being
32                       understood by the court, tribunal or person; and



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1                 (d)   the production to the court, tribunal or person of the
2                       document in that form complies with the requirement.

3    18.        References to this jurisdiction to be implied
4               In this Law --
5                 (a) a reference to an officer, office or statutory body is a
6                        reference to such an officer, office or statutory body in and
7                        for this jurisdiction; and
8                 (b)   a reference to a locality or other matter or thing is a reference
9                       to such a locality or other matter or thing in and of this
10                      jurisdiction.

11   19.        References to officers and holders of offices
12              In this Law, a reference to a particular officer, or to the holder of a
13              particular office, includes a reference to the person for the time being
14              occupying or acting in the office concerned.

15   20.        Reference to certain provisions of Law
16              If a provision of this Law refers --
17                 (a) to a Part, section or Schedule by a number and without
18                       reference to this Law -- the reference is a reference to the
19                       Part, section or Schedule, designated by the number, of or to
20                       this Law; or
21                 (b) to a Schedule without reference to it by a number and without
22                       reference to this Law -- the reference, if there is only
23                       1 Schedule to this Law, is a reference to the Schedule; or
24                (c)   to a Division, Subdivision, subsection, paragraph,
25                      subparagraph, subsubparagraph, clause, subclause, item,
26                      column, table or form by a number and without reference to
27                      this Law -- the reference is a reference to --
28                         (i)   the Division, designated by the number, of the Part in
29                               which the reference occurs; and
30                        (ii)   the Subdivision, designated by the number, of the
31                               Division in which the reference occurs; and
32                       (iii)   the subsection, designated by the number, of the
33                               section in which the reference occurs; and


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1                            (iv)     the paragraph, designated by the number, of the
2                                     section, subsection, Schedule or other provision in
3                                     which the reference occurs; and
4                             (v)     the paragraph, designated by the number, of the
5                                     section, subsection, item, column, table or form of or
6                                     in the Schedule in which the reference occurs; and
7                            (vi)     the subparagraph, designated by the number, of the
8                                     paragraph in which the reference occurs; and
9                           (vii)     the subsubparagraph, designated by the number, of
10                                    the subparagraph in which the reference occurs; and
11                       (viii)       the clause, section, subsection, item, column, table or
12                                    form, designated by the number, of or in the Schedule
13                                    in which the reference occurs,
14                          as the case requires.

15   21.         Reference to provisions of this Law or an Act is inclusive
16               In this Law, a reference to a portion of this Law or an Act includes --
17                 (a) a reference to the Chapter, Part, Division, Subdivision,
18                        section, subsection or other provision of this Law or the Act
19                        referred to that forms the beginning of the portion; and
20                 (b) a reference to the Chapter, Part, Division, Subdivision,
21                        section, subsection or other provision of this Law or the Act
22                        referred to that forms the end of the portion.
23               Example:     A reference to "sections 5 to 9" includes both section 5 and
24                            section 9. It is not necessary to refer to "sections 5 to 9 (both
25                            inclusive)" to ensure that the reference is given an inclusive
26                            interpretation.

27                                  Part 4 -- Functions and powers

28   22.         Exercise of statutory functions
29         (1)   If this Law confers a function on a person or body, the function may
30               be exercised from time to time as occasion requires.
31         (2)   If this Law confers a function on a particular officer or the holder of a
32               particular office, the function may be exercised by the person for the
33               time being occupying or acting in the office concerned.


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1          (3)   If this Law confers a function on a body (whether or not
2                incorporated), the exercise of the function is not affected merely
3                because of vacancies in the membership of the body.

4    23.         Power to make instrument or decision includes power to amend
5                or repeal
6                If this Law authorises or requires the making of an instrument or
7                decision --
8                   (a) the power includes power to amend or repeal the instrument
9                         or decision; and
10                  (b) the power to amend or repeal the instrument or decision is
11                        exercisable in the same way, and subject to the same
12                        conditions, as the power to make the instrument or decision.

13   24.         Matters for which statutory instruments may make provision
14         (1)   If this Law authorises or requires the making of a statutory instrument
15               in relation to a matter, a statutory instrument made under this Law
16               may make provision for the matter by applying, adopting or
17               incorporating (with or without modification) the provisions of --
18                  (a) an Act or statutory instrument; or
19                 (b)   another document (whether of the same or a different kind),
20                       as in force at a particular time or as in force from time to
21                       time.
22         (2)   If a statutory instrument applies, adopts or incorporates the provisions
23               of a document, the statutory instrument applies, adopts or incorporates
24               the provisions as in force from time to time, unless the statutory
25               instrument otherwise expressly provides.
26         (3)   A statutory instrument may --
27                 (a)   apply generally throughout this jurisdiction or be limited in
28                       its application to a particular part of this jurisdiction; or
29                 (b)   apply generally to all persons, matters or things or be limited
30                       in its application to --
31                            (i)   particular persons, matters or things; or
32                         (ii)     particular classes of persons, matters or things;
33                       or


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1                  (c)   otherwise apply generally or be limited in its application by
2                        reference to specified exceptions or factors.
3          (4)   A statutory instrument may --
4                  (a)   apply differently according to different specified factors; or
5                  (b)   otherwise make different provision in relation to --
6                          (i) different persons, matters or things; or
7                          (ii)   different classes of persons, matters or things.
8          (5)   A statutory instrument may authorise a matter or thing to be from time
9                to time determined, applied or regulated by a specified person or
10               body.
11         (6)   If this Law authorises or requires a matter to be regulated by statutory
12               instrument, the power may be exercised by prohibiting by statutory
13               instrument the matter or any aspect of the matter.
14         (7)   If this Law authorises or requires provision to be made with respect to
15               a matter by statutory instrument, a statutory instrument made under
16               this Law may make provision with respect to a particular aspect of the
17               matter despite the fact that provision is made by this Law in relation
18               to another aspect of the matter or in relation to another matter.
19         (8)   A statutory instrument may provide for the review of, or a right of
20               appeal against, a decision made under the statutory instrument, or this
21               Law, and may, for that purpose, confer jurisdiction on any court,
22               tribunal, person or body.
23         (9)   A statutory instrument may require a form prescribed by or under the
24               statutory instrument, or information or documents included in,
25               attached to or given with the form, to be verified by statutory
26               declaration.

27   25.         Presumption of validity and power to make
28         (1)   All conditions and preliminary steps required for the making of a
29               statutory instrument are presumed to have been satisfied and
30               performed in the absence of evidence to the contrary.
31         (2)   A statutory instrument is taken to be made under all powers under
32               which it may be made, even though it purports to be made under this
33               Law or a particular provision of this Law.


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1    26.         Appointments may be made by name or office
2          (1)   If this Law authorises or requires a person or body --
3                  (a)    to appoint a person to an office; or
4                  (b)    to appoint a person or body to exercise a power; or
5                  (c)    to appoint a person or body to do another thing,
6                the person or body may make the appointment by --
7                  (d) appointing a person or body by name; or
8                  (e)    appointing a particular officer, or the holder of a particular
9                         office, by reference to the title of the office concerned.
10         (2)   An appointment of a particular officer, or the holder of a particular
11               office, is taken to be the appointment of the person for the time being
12               occupying or acting in the office concerned.

13   27.         Acting appointments
14         (1)   If this Law authorises a person or body to appoint a person to act in an
15               office, the person or body may, in accordance with this Law,
16               appoint --
17                 (a)    a person by name; or
18                 (b)    a particular officer, or the holder of a particular office, by
19                        reference to the title of the office concerned,
20               to act in the office.
21         (2)   The appointment may be expressed to have effect only in the
22               circumstances specified in the instrument of appointment.
23         (3)   The appointer may --
24                 (a) determine the terms and conditions of the appointment,
25                      including remuneration and allowances; and
26                 (b) terminate the appointment at any time.
27         (4)   The appointment, or the termination of the appointment, must be in,
28               or evidenced by, writing signed by the appointer.
29         (5)   The appointee must not act for more than 1 year during a vacancy in
30               the office.



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1          (6)   If the appointee is acting in the office otherwise than because of a
2                vacancy in the office and the office becomes vacant, then, subject to
3                subclause (2), the appointee may continue to act until --
4                   (a) the appointer otherwise directs; or
5                  (b)   the vacancy is filled; or
6                  (c)   the end of a year from the day of the vacancy,
7                whichever happens first.
8          (7)   The appointment ceases to have effect if the appointee resigns by
9                writing signed and delivered to the appointer.
10         (8)   While the appointee is acting in the office --
11                 (a)   the appointee has all the powers and functions of the holder
12                       of the office; and
13                 (b)   this Law and other laws apply to the appointee as if the
14                       appointee were the holder of the office.
15         (9)   Anything done by or in relation to a person purporting to act in the
16               office is not invalid merely because --
17                 (a) the occasion for the appointment had not arisen; or
18                 (b)   the appointment had ceased to have effect; or
19                 (c)   the occasion for the person to act had not arisen or had
20                       ceased.
21     (10)      If this Law authorises the appointer to appoint a person to act during a
22               vacancy in the office, an appointment to act in the office may be made
23               by the appointer whether or not an appointment has previously been
24               made to the office.

25   28.         Powers of appointment imply certain incidental powers
26         (1)   If this Law authorises or requires a person or body to appoint a person
27               to an office --
28                 (a)   the power may be exercised from time to time as occasion
29                       requires; and
30                 (b)   the power includes --
31                          (i)   power to remove or suspend, at any time, a person
32                                appointed to the office; and


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1                          (ii)   power to appoint another person to act in the office if
2                                 a person appointed to the office is removed or
3                                 suspended; and
4                         (iii)   power to reinstate or reappoint a person removed or
5                                 suspended; and
6                         (iv)    power to appoint a person to act in the office if it is
7                                 vacant (whether or not the office has ever been
8                                 filled); and
9                          (v)    power to appoint a person to act in the office if the
10                                person appointed to the office is absent or is unable to
11                                discharge the functions of the office (whether because
12                                of illness or otherwise).
13         (2)   The power to remove or suspend a person under subclause (1)(b) may
14               be exercised even if this Law provides that the holder of the office to
15               which the person was appointed is to hold office for a specified
16               period.
17         (3)   The power to make an appointment under subclause (1)(b) may be
18               exercised from time to time as occasion requires.
19         (4)   An appointment under subclause (1)(b) may be expressed to have
20               effect only in the circumstances specified in the instrument of
21               appointment.

22   29.         Delegation of functions
23         (1)   If this Law authorises a person or body to delegate a function, the
24               person or body may, in accordance with this Law and any other
25               applicable law, delegate the function to --
26                 (a)   a person or body by name; or
27                 (b)   a specified officer, or the holder of a specified office, by
28                       reference to the title of the office concerned.
29         (2)   The delegation may --
30                 (a)   be general or limited; and
31                 (b)   be made from time to time; and
32                 (c)   be revoked, wholly or partly, by the delegator.




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1     (3)   The delegation, or a revocation of the delegation, must be in, or
2           evidenced by, writing signed by the delegator or, if the delegator is a
3           body, by a person authorised by the body for the purpose.
4     (4)   A delegated function may be exercised only in accordance with any
5           conditions to which the delegation is subject.
6     (5)   The delegate may, in the exercise of a delegated function, do anything
7           that is incidental to the delegated function.
8     (6)   A delegated function that purports to have been exercised by the
9           delegate is taken to have been properly exercised by the delegate
10          unless the contrary is proved.
11    (7)   A delegated function that is properly exercised by the delegate is
12          taken to have been exercised by the delegator.
13    (8)   If, when exercised by the delegator, a function is dependent on the
14          delegator's opinion, belief or state of mind, then, when exercised by
15          the delegate, the function is dependent on the delegate's opinion,
16          belief or state of mind.
17    (9)   If --
18             (a)   the delegator is a specified officer or the holder of a specified
19                   office; and
20            (b)    the person who was the specified officer or holder of the
21                   specified office when the delegation was made ceases to be
22                   the holder of the office,
23          then --
24            (c) the delegation continues in force; and
25            (d)    the person for the time being occupying or acting in the office
26                   concerned is taken to be the delegator for the purposes of this
27                   clause.
28   (10)   If --
29             (a)   the delegator is a body; and
30            (b)    there is a change in the membership of the body,
31          then --
32            (c)    the delegation continues in force; and


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1                  (d)    the body as constituted for the time being is taken to be
2                         delegator for the purposes of this clause.
3      (11)      If a function is delegated to a specified officer or the holder of a
4                specified office --
5                  (a)    the delegation does not cease to have effect merely because
6                         the person who was the specified officer or the holder of the
7                         specified office when the function was delegated ceases to be
8                         the officer or the holder of the office; and
9                  (b)    the function may be exercised by the person for the time
10                        being occupying or acting in the office concerned.
11     (12)      A function that has been delegated may, despite the delegation, be
12               exercised by the delegator.
13     (13)      The delegation of a function does not relieve the delegator of the
14               delegator's obligation to ensure that the function is properly
15               exercised.
16     (14)      Subject to subclause (15), this clause applies to a subdelegation of a
17               function in the same way as it applies to a delegation of a function.
18     (15)      If this Law authorises the delegation of a function, the function may
19               be subdelegated only if this Law expressly authorises the function to
20               be subdelegated.

21   30.         Exercise of powers between enactment and commencement
22         (1)   If a provision of this Law (the empowering provision) that does not
23               commence on its enactment would, had it commenced, confer a
24               power --
25                  (a) to make an appointment; or
26                 (b)    to make a statutory instrument of a legislative or
27                        administrative character; or
28                 (c)    to do another thing,
29               then --
30                 (d)    the power may be exercised; and




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1            (e)    anything may be done for the purpose of enabling the
2                   exercise of the power or of bringing the appointment,
3                   instrument or other thing into effect,
4          before the empowering provision commences.
5    (2)   If a provision of a South Australian Act (the empowering provision)
6          that does not commence on its enactment would, had it commenced,
7          amend a provision of this Law so that it would confer a power --
8             (a) to make an appointment; or
9            (b)    to make a statutory instrument of a legislative or
10                  administrative character; or
11           (c)    to do another thing,
12         then --
13           (d) the power may be exercised; and
14           (e)    anything may be done for the purpose of enabling the
15                  exercise of the power or of bringing the appointment,
16                  instrument or other thing into effect,
17         before the empowering provision commences.
18   (3)   If --
19            (a)   this Law has commenced and confers a power to make a
20                  statutory instrument (the basic instrument-making power);
21                  and
22           (b)    a provision of a South Australian Act that does not
23                  commence on its enactment would, had it commenced,
24                  amend this Law so as to confer additional power to make a
25                  statutory instrument (the additional instrument-making
26                  power),
27         then --
28           (c)    the basic instrument-making power and the additional
29                  instrument-making power may be exercised by making a
30                  single instrument; and
31           (d)    any provision of the instrument that required an exercise of
32                  the additional instrument-making power is to be treated as
33                  made under subclause (2).



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1       (4)     If an instrument, or a provision of an instrument, is made under
2               subclause (1) or (2) that is necessary for the purpose of --
3                 (a)   enabling the exercise of a power mentioned in the subclause;
4                       or
5                 (b)   bringing an appointment, instrument or other thing made or
6                       done under such a power into effect,
7               the instrument or provision takes effect --
8                 (c) on the making of the instrument; or
9                 (d)   on such later day (if any) on which, or at such later time (if
10                      any) at which, the instrument or provision is expressed to take
11                      effect.
12      (5)     If --
13                (a)   an appointment is made under subclause (1) or (2); or
14                (b)   an instrument, or a provision of an instrument, made under
15                      subclause (1) or (2) is not necessary for a purpose mentioned
16                      in subclause (4),
17              the appointment, instrument or provision takes effect --
18                (c) on the commencement of the relevant empowering provision;
19                      or
20                (d) on such later day (if any) on which, or at such later time (if
21                      any) at which, the appointment, instrument or provision is
22                      expressed to take effect.
23      (6)     Anything done under subclause (1) or (2) does not confer a right, or
24              impose a liability, on a person before the relevant empowering
25              provision commences.
26      (7)     After the enactment of a provision mentioned in subclause (1) but
27              before the provision's commencement, this clause applies as if the
28              references in subclauses (2) and (5) to the commencement of the
29              empowering provision were references to the commencement of the
30              provision mentioned in subclause (2) as amended by the empowering
31              provision.
32      (8)     In the application of this clause to a statutory instrument, a reference
33              to the enactment of the instrument is a reference to the making of the
34              instrument.


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1                              Part 5 -- Distance, time and age

2    31.         Matters relating to distance, time and age
3          (1)   In the measurement of distance for the purposes of this Law, the
4                distance is to be measured along the shortest road ordinarily used for
5                travelling.
6          (2)   If a period beginning on a given day, act or event is provided or
7                allowed for a purpose by this Law, the period is to be calculated by
8                excluding the day, or the day of the act or event, and --
9                  (a)    if the period is expressed to be a specified number of clear
10                        days or at least a specified number of days -- by excluding
11                        the day on which the purpose is to be fulfilled; and
12                 (b)    in any other case -- by including the day on which the
13                        purpose is to be fulfilled.
14         (3)   If the last day of a period provided or allowed by this Law for doing
15               anything is not a business day in the place in which the thing is to be
16               or may be done, the thing may be done on the next business day in the
17               place.
18         (4)   If the last day of a period provided or allowed by this Law for the
19               filing or registration of a document is a day on which the office is
20               closed where the filing or registration is to be or may be done, the
21               document may be filed or registered at the office on the next day that
22               the office is open.
23         (5)   If no time is provided or allowed for doing anything, the thing is to be
24               done as soon as possible, and as often as the prescribed occasion
25               happens.
26         (6)   If, in this Law, there is a reference to time, the reference is, in relation
27               to the doing of anything in a jurisdiction, a reference to the legal time
28               in the jurisdiction.
29         (7)   For the purposes of this Law, a person attains an age in years at the
30               beginning of the person's birthday for the age.




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1                  Part 6 -- Effect of repeal, amendment or expiration

2    32.         Time of Law ceasing to have effect
3                If a provision of this Law is expressed --
4                  (a)   to expire on a specified day; or
5                  (b)   to remain or continue in force, or otherwise have effect, until
6                        a specified day,
7                this provision has effect until the last moment of the specified day.

8    33.         Repealed provisions not revived
9                If a provision of this Law is repealed or amended by a South
10               Australian Act, or a provision of a South Australian Act, the provision
11               is not revived merely because the South Australian Act or the
12               provision of the South Australian Act --
13                  (a) is later repealed or amended; or
14                 (b)   later expires.

15   34.         Saving of operation of repealed Law provisions
16         (1)   The repeal, amendment or expiry of a provision of this Law does
17               not --
18                 (a) revive anything not in force or existing at the time the repeal,
19                       amendment or expiry takes effect; or
20                 (b) affect the previous operation of the provision or anything
21                       suffered, done or begun under the provision; or
22                 (c) affect a right, privilege or liability acquired, accrued or
23                       incurred under the provision; or
24                 (d) affect a penalty incurred in relation to an offence arising
25                       under the provision; or
26                 (e)   affect an investigation, proceeding or remedy in relation to
27                       such a right, privilege, liability or penalty.
28         (2)   Any such penalty may be imposed and enforced, and any such
29               investigation, proceeding or remedy may be begun, continued or
30               enforced, as if the provision had not been repealed or amended or had
31               not expired.



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1    35.         Continuance of repealed provisions
2                If a South Australian Act repeals some provisions of this Law and
3                enacts new provisions in substitution for the repealed provisions, the
4                repealed provisions continue in force until the new provisions
5                commence.

6    36.         Law and amending Acts to be read as one
7                This Law and all South Australian Acts amending this Law are to be
8                read as one.

9                            Part 7 -- Instruments under Law

10   37.         Schedule applies to statutory instruments
11         (1)   This Schedule applies to a statutory instrument, and to things that may
12               be done or are required to be done under a statutory instrument, in the
13               same way as it applies to this Law, and things that may be done or are
14               required to be done under this Law, except so far as the context or
15               subject matter otherwise indicates or requires.
16         (2)   The fact that a provision of this Schedule refers to this Law and not
17               also to a statutory instrument does not, by itself, indicate that the
18               provision is intended to apply only to this Law.

19




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Defined terms




                                              Defined terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined term                                                                                             Provision(s)
      accredited person ................................................................................ Sch. cl. 4(1)
      Act ................................................................................................. Sch. 2 cl. 12(1)
      Acting Regulator ................................................................................. Sch. cl. 4(1)
      additional instrument-making power ............................................. Sch. 2 cl. 30(3)
      address for service .......................................................................... Sch. cl. 258(2)
      adult ............................................................................................... Sch. 2 cl. 12(1)
      affidavit .......................................................................................... Sch. 2 cl. 12(1)
      amend ............................................................................................. Sch. 2 cl. 12(1)
      amusement structure ........................................................................... Sch. cl. 4(1)
      analyst .............................................................................................................. 9(1)
      application Act ............................................................................ 6(1), Sch. cl. 4(1)
      appoint ........................................................................................... Sch. 2 cl. 12(1)
      approved code of practice ................................................................... Sch. cl. 4(1)
      AQF .................................................................................................... Sch. cl. 4(1)
      AQTF .................................................................................................. Sch. cl. 4(1)
      assistant ........................................................................................... Sch. cl. 146(1)
      associated railway track structures ...................................................... Sch. cl. 4(1)
      audit program .................................................................................. Sch. cl. 133(1)
      Australia ......................................................................................... Sch. 2 cl. 12(1)
      Australian Accounting Standards........................................................ Sch. cl. 4(1)
      Australian rail safety law .................................................................... Sch. cl. 4(1)
      authorised officer ............................................. Sch. cl. 149(5), 200(3) and 227(3)
      authorised person ................................................................................ Sch. cl. 4(1)
      authorised tester ............................................................................................. 42(1)
      BAC ................................................................................................................. 9(1)
      basic instrument-making power ..................................................... Sch. 2 cl. 30(3)
      breath analysis instrument................................................................................ 9(1)
      business day ................................................................................... Sch. 2 cl. 12(1)
      calendar month ............................................................................... Sch. 2 cl. 12(1)
      calendar year .................................................................................. Sch. 2 cl. 12(1)
      Category 1 offence .............................................................................. Sch. cl. 4(1)
      Category 2 offence .............................................................................. Sch. cl. 4(1)
      Category 3 offence .............................................................................. Sch. cl. 4(1)
      commencement .............................................................................. Sch. 2 cl. 12(1)
      commencement day ............................................................................................ 38
      commercial benefits order................................................................... Sch. cl. 4(1)
      Commonwealth .............................................................................. Sch. 2 cl. 12(1)
      Commonwealth Minister .................................................................... Sch. cl. 4(2)

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                                                                                                   Defined terms



compliance period ........................................................................... Sch. cl. 178(4)
compliance report ........................................................................... Sch. cl. 231(9)
confer ............................................................................................. Sch. 2 cl. 12(1)
contravene ...................................................................................... Sch. 2 cl. 12(1)
coordination direction ....................................................................... Sch. cl. 66(1)
country ........................................................................................... Sch. 2 cl. 12(1)
court ................................................................................................................. 6(1)
date of assent.................................................................................. Sch. 2 cl. 12(1)
defendant........................................................................................................ 33(2)
definition ........................................................................................ Sch. 2 cl. 12(1)
designated provision ..............................................................Sch. cl. 4(1) and 204
document........................................................................................ Sch. 2 cl. 12(1)
drug ..................................................................................................... Sch. cl. 4(1)
drug screening test ........................................................................................... 9(1)
due diligence ..................................................................................... Sch. cl. 55(3)
electronic communication .............................................................. Sch. 2 cl. 12(1)
eligible person ................................................................................. Sch. cl. 215(1)
emergency services .......................................................................................... 6(1)
employee ........................................................................... Sch. cl. 4(1) and 225(6)
employer ............................................................................................. Sch. cl. 4(1)
empowering provision ................................................... Sch. 2 cl. 30(1) and 30(2)
estate .............................................................................................. Sch. 2 cl. 12(1)
evidence .......................................................................................... Sch. cl. 150(4)
exercise ............................................................................................... Sch. cl. 4(1)
expire ............................................................................................. Sch. 2 cl. 12(1)
external Territory ........................................................................... Sch. 2 cl. 12(1)
extrinsic material.............................................................................. Sch. 2 cl. 8(1)
fail .................................................................................................. Sch. 2 cl. 12(1)
financial year ................................................................................. Sch. 2 cl. 12(1)
footpath ............................................................................................... Sch. cl. 4(1)
former account ............................................................................................... 49(1)
function .......................................................................................... Sch. 2 cl. 12(1)
Fund .................................................................................................... Sch. cl. 4(1)
Gazette ............................................................................................................. 6(1)
Government Printer........................................................................ Sch. 2 cl. 12(1)
Health Practitioner Regulation National Law .................................................. 6(1)
hospital ................................................................................................................ 23
improvement notice ............................................................................ Sch. cl. 4(1)
in control ......................................................................................... Sch. cl. 159(7)
individual ....................................................................................... Sch. 2 cl. 12(1)
information system ........................................................................ Sch. 2 cl. 12(1)
infringement penalty provision ..............................................Sch. cl. 4(1) and 233
insert .............................................................................................. Sch. 2 cl. 12(1)
instrument ...................................................................................... Sch. 2 cl. 12(1)
interest............................................................................................ Sch. 2 cl. 12(1)

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      interface agreement ............................................................................. Sch. cl. 4(1)
      internal Territory ............................................................................ Sch. 2 cl. 12(1)
      Jervis Bay Territory ....................................................................... Sch. 2 cl. 12(1)
      jurisdiction .......................................................................................... Sch. cl. 4(1)
      level crossing ...................................................................................... Sch. cl. 4(1)
      local application provisions of this Act ............................................................ 3(1)
      local regulations ............................................................................................... 3(2)
      magistrate ......................................................................................................... 6(1)
      make ............................................................................................... Sch. 2 cl. 12(1)
      medical practitioner ......................................................................................... 9(1)
      member ............................................................................................... Sch. cl. 4(1)
      Minister ............................................................................................................ 6(1)
      minor .............................................................................................. Sch. 2 cl. 12(1)
      modification ................................................................................... Sch. 2 cl. 12(1)
      month ............................................................................................. Sch. 2 cl. 12(1)
      named month ................................................................................. Sch. 2 cl. 12(1)
      national regulations ........................................................... Sch. cl. 4(1) and 264(2)
      non-disturbance notice ........................................................................ Sch. cl. 4(1)
      Northern Territory.......................................................................... Sch. 2 cl. 12(1)
      notice ..................................................................................... Sch. cl. 186 and 196
      notifiable occurrence........................................................................... Sch. cl. 4(1)
      number ........................................................................................... Sch. 2 cl. 12(1)
      oath ................................................................................................ Sch. 2 cl. 12(1)
      occupational health and safety legislation........................................... Sch. cl. 4(1)
      office .............................................................................................. Sch. 2 cl. 12(1)
      office holder .................................................................................... Sch. cl. 224(3)
      Office of the National Rail Safety Regulator ...................................... Sch. cl. 4(1)
      officer .................................................................................................. Sch. cl. 4(1)
      omit ................................................................................................ Sch. 2 cl. 12(1)
      ONRSR ...................................................................... Sch. cl. 3(2), 4(1) and 12(1)
      oral fluid analysis ............................................................................................. 9(1)
      ordinary meaning ............................................................................. Sch. 2 cl. 8(1)
      participating jurisdiction ..................................................................... Sch. cl. 4(1)
      party ............................................................................................... Sch. 2 cl. 12(1)
      penalty............................................................................................ Sch. 2 cl. 12(1)
      person............................................................................................. Sch. 2 cl. 12(1)
      person entitled .................................................. Sch. cl. 162(9), 163(4) and 215(3)
      person to whom this section applies ............................................... Sch. cl. 248(3)
      police officer .................................................................................................... 6(1)
      power ............................................................................................. Sch. 2 cl. 12(1)
      preliminary breath test ..................................................................................... 9(1)
      prescribed....................................................................................... Sch. 2 cl. 12(1)
      prescribed authority ....................................................... Sch. cl. 13(3) and. 218(4)
      prescribed BAC................................................................................................ 9(1)
      prescribed concentration of alcohol ................................................ Sch. cl. 128(5)

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                                                                                               Defined terms



prescribed drug ................................................................. Sch. cl. 4(1) and 128(5)
prescribed notifiable occurrence ...................................................................... 6(1)
printed ............................................................................................ Sch. 2 cl. 12(1)
private siding ...................................................................................... Sch. cl. 4(1)
proceeding...................................................................................... Sch. 2 cl. 12(1)
prohibited drug................................................................................................. 9(1)
prohibition notice ................................................................................ Sch. cl. 4(1)
property .......................................................................................... Sch. 2 cl. 12(1)
protected person .............................................................................. Sch. cl. 247(3)
provision ........................................................................................ Sch. 2 cl. 12(1)
public authority ............................................................................... Sch. cl. 225(6)
public place ......................................................................................... Sch. cl. 4(1)
public road .......................................................................................... Sch. cl. 4(1)
public sector auditor.................................................................... 6(1), Sch. cl. 4(1)
qualified person................................................................................................ 9(1)
rail infrastructure................................................................................. Sch. cl. 4(1)
rail infrastructure manager .................................................................. Sch. cl. 4(1)
rail or road crossing ............................................................................ Sch. cl. 4(1)
rail safety duty provision ................................................................ Sch. cl. 219(4)
Rail Safety National Law (WA) ...................................................................... 3(2)
rail safety officer ............................................................... Sch. cl. 4(1) and 139(2)
rail safety undertaking ...................................................... Sch. cl. 4(1) and 251(1)
rail safety work ............................................................ Sch. cl. 4(1), 8(1) and 8(2)
rail safety worker ................................................................................ Sch. cl. 4(1)
rail transport operator........................................................ Sch. cl. 4(1) and 133(5)
rail workplace ..................................................................................... Sch. cl. 4(1)
railway ................................................................................................ Sch. cl. 4(1)
railway crossing .................................................................................. Sch. cl. 4(1)
railway operations ............................................................................... Sch. cl. 4(1)
railway premises ................................................................................. Sch. cl. 4(1)
reasonable help ............................................................................... Sch. cl. 145(5)
reasonably practicable................................................. Sch. cl. 4(1), 47 and 250(3)
Register ............................................................................................... Sch. cl. 4(1)
registered nurse ................................................................................................ 9(1)
registered person ................................................................................. Sch. cl. 4(1)
Regulator.................................................................... Sch. cl. 3(2), 4(1) and 16(1)
related body corporate ...................................................................... Sch. cl. 62(1)
relevant entity ................................................................................... Sch. cl. 22(3)
relevant period .................... Sch. cl. 67(5), 69(3), 86(4), 88(3), 207(4) and 209(3)
relevant time ....................................................................................................... 30
repeal ............................................................................................. Sch. 2 cl. 12(1)
repealed Act ........................................................................................................ 38
report to which this section applies ................................................. Sch. cl. 198(6)
reporting period............................................................................... Sch. cl. 103(3)
responsible Minister ............................................................................ Sch. cl. 4(1)

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      responsible Ministers .......................................................................... Sch. cl. 4(2)
      reviewable decisions ....................................................................... Sch. cl. 215(1)
      road infrastructure ............................................................................... Sch. cl. 4(1)
      road manager ...................................................................................... Sch. cl. 4(1)
      road vehicle ...................................................................................................... 6(1)
      rolling stock ........................................................................................ Sch. cl. 4(1)
      rolling stock operator .......................................................................... Sch. cl. 4(1)
      running line ......................................................................................... Sch. cl. 4(1)
      safety ................................................................................................... Sch. cl. 4(1)
      safety duty ................................................................................Sch. cl. 4(1) and 57
      safety management system ................................................................. Sch. cl. 4(1)
      sample .............................................................................................................. 9(1)
      sample taker ..................................................................................................... 9(1)
      service agreement ............................................................................. Sch. cl. 15(2)
      shared path ....................................................................................................... 6(1)
      siding .................................................................................................. Sch. cl. 4(1)
      sign................................................................................................. Sch. 2 cl. 12(1)
      South Australian Minister ................................................................... Sch. cl. 4(1)
      statutory declaration ....................................................................... Sch. 2 cl. 12(1)
      statutory instrument ....................................................................... Sch. 2 cl. 12(1)
      substance ............................................................................................. Sch. cl. 4(1)
      supervisory intervention order ............................................................ Sch. cl. 4(1)
      supply .................................................................................................. Sch. cl. 4(1)
      swear .............................................................................................. Sch. 2 cl. 12(1)
      Territory .............................................................................................. Sch. cl. 4(1)
      the jurisdiction ................................................................................................. 6(1)
      the Law .......................................................................................... Sch. 2 cl. 12(2)
      this jurisdiction ................................................................................................ 6(1)
      this Law .................................................................................. Sch. cl. 4(1) and (2)
      train ..................................................................................................... Sch. cl. 4(1)
      train safety recording .............................................................Sch. cl. 4(1) and 130
      transitional railway operations ....................................................................... 40(1)
      union ................................................................................................... Sch. cl. 4(1)
      urine analysis ................................................................................................... 9(1)
      WA offence ........................................................................................................... 7
      word ............................................................................................... Sch. 2 cl. 12(1)
      work shift ......................................................................................................... 9(1)
      work shift location ........................................................................................... 9(1)
      writing ............................................................................................ Sch. 2 cl. 12(1)
      year ................................................................................................ Sch. 2 cl. 12(1)




 


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