NORTHERN TERRITORY RAIL SAFETY REGULATIONS (Repealed)

This reprint shows the Regulations as in force at 1 July 2010. Any amendments that commence after that date are not included.

These Regulations may be cited as the Northern Territory Rail Safety Regulations.

commercial railway means a railway other than a railway operated by a non-profit organisation or an organisation whose principle areas of activity involve the natural or cultural heritage of the Territory.

(b) a crossing constructed on a part of the corridor, within the meaning of the AustralAsia Railway (Special Provisions) Act, that is bordered by land to which is annexed the benefit of an access easement created by section 14A(2) of that Act, whether or not a there is a sign indicating the crossing; or

(c) another crossing constructed on a part of a railway where a track or access way (for the passage of persons, vehicles, equipment or animals on private land bordering the railway) and a railway track meet at substantially the same level, whether or not a there is a sign indicating the crossing.

pedestrian crossing means a crossing at substantially the same level as a railway track that is used by pedestrians to cross the railway track.

previous year, in relation to a year for which an annual fee is payable, means the 12 month period immediately preceding the year.

railway land means a railway or a place or building adjacent or near to a railway that is used in connection with the railway (including for the construction of the railway and the storage of rolling stock).

vehicle means a conveyance with wheels or a device with wheels designed to be pulled by a vehicle.

wheeled recreational device has the same meaning as in the Australian Road Rules.

(2) A reference in these Regulations to the permission of an accredited person, or being permitted by an accredited person, to do an act is a reference to being given permission or being permitted to do the act in any manner whatever, including (but not limited to) orally or in writing given by the accredited person's agent or employee, by an agreement entered into with the accredited person and by wording on a sign erected conspicuously on a train, rolling stock or railway land of the accredited person.

(a) work that involves or relates to controlling the conduct of persons who are in or on a train or other rolling stock or railway land;

(b) work that involves holding, collecting or disposing of belongings, luggage or other property of persons or other materials or things that are left in or on a train or other rolling stock or railway land;

(c) work that relates to controlling, destroying or removing things that may endanger persons in or on a train or other rolling stock or railway land.

(b) a fire control officer or fire warden within the meaning of the Bushfires Act;

(d) a member of the Northern Territory Emergency Service established under section 17 of the Disasters Act; or

(e) a member of the Northern Territory Fire and Rescue Service established under section 5 the Fire and Emergency Act.

(2) If, by doing an act or omitting to do an act, the person commits an offence against these Regulations, the person is taken not to have committed the offence if, at the time of doing the act or omitting to do the act, the person was carrying out his or her duties of office mentioned in subregulation (1) and was acting reasonably in the circumstances.

The fee to be paid for or in relation to a matter under the Act described in column 1 of Schedule 1 is the fee specified opposite in column 2 of that Schedule.

(a) the annual fee payable by an accredited person or owner of a registered private siding referred to in column 1 of Schedule 2 is the amount specified, or determined as specified, opposite in column 2 of that Schedule; and

(2) If a person becomes an accredited person or registers a private siding, during a year the person must pay the portion of the annual fee that is proportionate to the number of days for which the person will be an accredited person or for which the private siding will be registered during the year.

(a) is due and payable on the person being granted accreditation or the siding being registered; and

(b) subject to subregulation (4) – is to be paid within 28 days after the person is granted accreditation or the siding is registered.

(4) The Director may make an arrangement with an accredited person or the owner of a registered private siding that permits the accredited person or owner to pay the annual fee payable by the accredited person or owner by instalments and, if so, the accredited person or owner must pay the annual fee in accordance with the arrangement.

(1) If the amount of an annual fee is to be determined as specified in item 1(a) or (d) of Schedule 2:

(a) the annual fee is to be calculated based on the operations of the accredited person during the previous year; or

(b) where the accredited person was accredited for part only of the previous year – the annual fee is calculated as an estimate based on the operations of the accredited person during that part of the previous year.

(2) If an annual fee is due and payable by an accredited person on 1 September 2002 and the amount of the annual fee payable by the accredited person is to be determined as specified in item 1(a) or (d) of Schedule 2, it is calculated as an estimate based on the train kilometres the accredited person estimates will be travelled during that year by trains along the railway track in respect of which the accredited person is accredited.

(3) If an annual fee is payable by a person who becomes accredited during a year, and the fee is to be determined as specified in Schedule 2, item 1(a) or (d), the fee must be calculated on the basis of the train kilometres the person estimates will be travelled during the part of the year for which the person will be an accredited person by trains along the railway track for which the person has become accredited.

(a) a reference in subregulation (5) to train kilometres travelled during the previous year is taken to include a reference to train kilometres that the accredited person estimates will be travelled during the year or part of the year referred to in subregulation (2) along a railway track in respect of which the accredited person is or has become accredited; and

(b) a reference in subregulation (5) to the number of trains that travelled along, or the distance travelled by a train along, a railway track during the previous year is taken to include a reference to the number of trains the accredited person estimates will travel, or the distance the accredited person estimates will be travelled by a train, during the year or part of the year referred to in subregulation (2) along a railway track in respect of which the accredited person is or has become accredited.

(5) In determining the amount of an annual fee referred to in item 1(a) or (d) of Schedule 2, train kilometres travelled during the previous year by trains along a railway track are calculated in accordance with the formula 365 x N x D, where:

(a) to carry out railway safety work as directed by the accredited person or owner of a private siding who employs him or her;

(1) If, in the opinion of a railway employee or an inspector, a person is committing an offence against these Regulations, the railway employee or inspector may direct the person to leave the train or other rolling stock or railway land concerned.

If a person fails to comply with a direction to leave a train or other rolling stock or railway land given under regulation 9 by a railway employee or an inspector, the railway employee or inspector may, with the force that is reasonable and necessary, remove the person from the train, rolling stock or railway land.

A concentration of 0.02 grams of alcohol in 100 millilitres of blood is the prescribed concentration of alcohol for sections 49(c)(i) and 50(a) of the Act.

(1) A person who is in or on a train or other rolling stock or railway land must conduct himself or herself in such a way so that he or she does not do any of the following acts:

(d) throw a thing at, in, on or from a train or other rolling stock or railway land;

(e) interfere with a facility or equipment, or obstruct or interfere with another person's use of a facility or equipment, in or on a train or other rolling stock or railway land;

(f) do anything that might endanger a person or damage property in or on a train or other rolling stock or railway land;

(g) remove from a train or other rolling stock or railway land any property that does not belong to him or her;

(h) write, draw or affix a word, representation, character or poster on or onto any infrastructure in or on a train or other rolling stock or railway land;

(i) deposit or abandon any litter, belongings, luggage or other material or thing in or on a train or other rolling stock or railway land other than by placing it in a receptacle or place provided for the deposit of the litter, belongings, luggage or other material or thing;

(j) if the person is in or on an area of railway land set apart for the exclusive use of pedestrians – ride an animal or drive a vehicle or use a wheeled recreational device or a wheeled toy;

(d) a person who is permitted by the relevant accredited person to ride an animal, drive a vehicle or use a wheeled recreational device or a wheeled toy in or on the area and who does so in accordance with any conditions imposed by the accredited person.

(3) A person who, without reasonable excuse, contravenes or does not comply with subregulation (1) commits an offence.

(1) A person in or on a train or other rolling stock or railway land must not eat or drink if signs conspicuously erected in or on the train, rolling stock, railway land or an area of railway land prohibit eating or drinking in or on the train, rolling stock, railway land or area.

(1) A person in or on a train or other rolling stock or railway land may drink intoxicating liquor only if the liquor was supplied in or on the train, rolling stock or railway land by or with the permission of an accredited person who is the owner or operator of the relevant railway.

(2) A person who contravenes or does not comply with subregulation (1) commits an offence.

drink includes being in possession of an opened container of intoxicating liquor.

(1) If, in the opinion of a railway employee or an inspector, a person in or on a train or other rolling stock or railway land:

(b) is causing or is likely to cause a nuisance or annoyance to, or endanger, other persons on the train, damage rolling stock or railway land or endanger himself or herself,

the railway employee or inspector may direct the person to leave the train, rolling stock or railway land.

(1) A person travelling on a train or other rolling stock must, at all times when the train or rolling stock is moving, remain inside the train or rolling stock in such a manner so that no part of the person is projecting from the train or rolling stock.

(b) a person who is acting at the request of or in accordance with a direction of a railway employee or an inspector; or

(c) a person who is permitted by the relevant accredited person to travel on a train or rolling stock in such a manner that all or part of the person is projecting from the train or rolling stock and who does so in accordance with any conditions imposed by the accredited person.

(1) A person may carry on a commercial activity in or on a train or other rolling stock or railway land only if the person is authorised to do so in writing by an accredited person who is the owner or operator of the relevant railway.

(2) A person referred to in subregulation (1) must, if requested to do so by a railway employee or an inspector, display to the railway employee or inspector his or her authorisation to carry on the commercial activity.

(3) A person who contravenes or does not comply with subregulation (1) or (2) commits an offence.

(a) selling, hiring or offering to sell or hire any thing to a person in or on the train, rolling stock or railway land other than by means of a mobile phone call to a person who is not present in or on the train, rolling stock or railway land;

(b) touting or soliciting custom, hire or employment from a person in or on a train, rolling stock or railway land other than by means of a mobile phone call to a person who is not present in or on the train, rolling stock or railway land;

(d) soliciting money from a person in or on a train, rolling stock or railway land, whether by busking or any other means.

A person who finds an article on a train or other rolling stock or railway land that belongs to another person must:

(1) A person must not take an animal in or on a train or other rolling stock or railway land unless:

(a) the animal is a dog guiding or assisting, or being trained to guide or assist, a person who has a disability;

(b) the animal is a dog or horse being used by a railway employee, inspector or other person to carry out security work; or

(c) the person is permitted to do so by the relevant accredited person and does so in accordance with any conditions imposed by the accredited person.

(d) searching for or removing unlawful substances or things (including, but not limited to, drugs, firearms, explosives or explosive materials).

(3) A person who contravenes or does not comply with subregulation (1) commits an offence.

(4) The conditions that the accredited person may impose include, but are not limited to, conditions about the part of the railway land where a person may take the animal, the degree of control the person must be capable of exercising over the animal and the manner in which the animal may be transported on a train or other rolling stock.

(1) A person may only park a vehicle on railway land in a place designated for parking vehicles, and in accordance with any conditions imposed on parking vehicles, by the relevant accredited person.

(3) A person who contravenes or fails to comply with subregulation (1) commits an offence.

(1) If there is on railway land a level crossing, railway road bridge or other structure that is provided for the purpose of enabling vehicles to cross a running line, the accredited person who is the owner of the relevant railway may, by signs erected conspicuously on or near the road bridge or structure, fix a vehicle's maximum loaded mass, maximum axle load or other load limit in respect of the road bridge or structure.

(2) A person must not drive on or over a level crossing, railway road bridge or other structure referred to in subregulation (1) in a vehicle whose loaded mass, axle load or other load exceeds the maximum limit fixed under subregulation (1) unless:

(a) the person has obtained permission in writing to do so from the accredited person who is the owner of the relevant railway; and

(b) if the accredited person's permission is given subject to conditions – the person complies with those conditions.

(1) A person must not, without reasonable excuse, go on to or remain on railway land or a part of railway land, railway track, a level crossing, a pedestrian crossing or a train or other rolling stock unless he or she is authorised to do so.

(2) In subregulation (1), a reference to an authorisation to enter or remain on railway land, railway track, a level crossing, a pedestrian crossing or a train or other rolling stock includes:

(a) signage conspicuously erected permitting a person to go on to or remain on the railway land, railway track, level crossing, pedestrian crossing, train or rolling stock concerned;

(1) A person who is not a railway employee or an inspector carrying out his or her duties must not leave, place or deposit anything of any nature whatever on a railway track.

(a) the person has obtained permission to leave, place or deposit a thing on the railway track from the relevant accredited person; and

(b) the person has complied with any conditions on which the accredited person's permission is given.

(a) use for a purpose other than the purpose for which it is provided, or damage, any communications system or information system on a train or other rolling stock or railway land;

(b) use for a purpose other than the purpose for which it is provided, or damage, any emergency or safety equipment on a train or other rolling stock or railway land; or

(c) interfere with or damage a barrier or gate (including a barrier or gate that is electronically operated) or fence on railway land.

emergency or safety equipment includes emergency breakdown equipment, alarms, stretchers, fire extinguishers, fire hydrants and the like.

(1) A person must not cross (whether on foot or by driving or riding a vehicle, animal, bicycle, wheeled recreational device or wheeled toy) a railway track unless he or she uses a level crossing, bridge, subway or pedestrian crossing constructed for that purpose.

(b) a person who is acting at the request of or in accordance with a direction of a railway employee or an inspector; or

(1) If a bridge, subway or pedestrian crossing is constructed for the purpose of crossing a railway track at or near a place where there is a level crossing over the railway track, a pedestrian must not, without reasonable excuse, cross over the railway track at the level crossing but must use the bridge, subway or pedestrian crossing.

(2) Subregulation (1) does not apply to a pedestrian who is in charge of an animal.

(3) A pedestrian must not cross over a railway track at a level crossing or a pedestrian crossing:

(b) if a train is in sight and moving towards the level crossing or pedestrian crossing; or

(c) if doing so is contrary to a warning of the approach of a train to the level crossing or pedestrian crossing given by a warning device (whether an audio or visual device).

(4) A pedestrian must not cross over a railway track at a level crossing or a pedestrian crossing at which barriers are installed while those barriers are in any position other than the fully open position.

(5) A pedestrian must not cross over a railway track at a level crossing or pedestrian crossing at which a bell, alarm, red light or other warning device is installed (whether or not barriers are installed) while a bell, alarm, red light or other warning device is operating.

(b) a person who is acting at the request of or in accordance with a direction given by a railway employee or inspector.

(i) where the vehicle is a trailer with double deck cattle crates or is constructed for the sole purpose of carrying motor vehicles – 4.6 metres; or

(b) the width of the vehicle, including its load and equipment (if any), exceeds 2.5 metres;

(c) the vehicle is carrying a load that is likely to cause damage to railway property or to cause an obstruction on the level crossing to other vehicles or pedestrians crossing, or trains or other rolling stock approaching or railway employees in the vicinity of, the level crossing;

(a) the vehicle and its load (if any) comply with the Motor Vehicles Act and the Regulations made under that Act or an exemption under section 59 of Motor Vehicles Act is in force in respect of the vehicle; and

(B) the owner or occupier of land adjoining or adjacent to a railway, an employee or agent of the owner or occupier or any other person acting to protect life or property, control or extinguish a fire or otherwise deal with an emergency; or

(C) a person who is permitted by the relevant accredited person to cross the level crossing without complying with subregulations (2A), (3) and (4).

(2A) The driver of the vehicle must, at least 48 hours before crossing the level crossing, notify the relevant accredited person of the driver's intention to drive over the level crossing.

(a) the name and address of the owner of the vehicle to be driven over the level crossing;

(d) if the vehicle is the subject of an exemption under section 59 of the Motor Vehicles Act – details of the exemption.

(4) Before the time the driver intends to drive the vehicle over the level crossing, the accredited person must notify the driver whether the accredited person approves or does not approve the driver crossing the level crossing.

(6) The accredited person must keep a record of receiving the driver's notification, the details of the notification, whether the accredited person approves the crossing and the time, manner in which the accredited person approves or does not approve the crossing and, if the accredited person approves the crossing, the conditions of the approval (if any).

A person must not drive, whether by using a vehicle or otherwise, an animal across a railway track at a level crossing if:

(c) warning of the approach of a train to the level crossing has been given by a warning device (whether an audio or visual device).

(1) A person must not drive a herd or mob of animals on the hoof across a railway track at a level crossing other than in accordance with the approval of the relevant accredited person under this regulation.

(2) The person must, at least 48 hours before driving the herd or mob across the level crossing, notify the accredited person of the person's intention to do so.

(4) Before the time the person intends to drive the herd or mob across the level crossing, the accredited person must notify the person whether the accredited person approves or does not approve the herd or mob crossing the level crossing.

(6) The accredited person must keep a record of receiving the person's notification, the details of the notification, whether the accredited person approves the crossing and, if the accredited person approves the crossing, the time and manner in which the accredited person approves the crossing and any conditions of the approval.

(7) This regulation does not apply to a person who is permitted by the relevant accredited person to drive a herd or mob of cattle on the hoof across the level crossing without complying with this regulation.

(2) A person who opens a gate that is at a level crossing or a pedestrian crossing or elsewhere on railway land, or that is on land adjacent to railway land and that opens on to the railway land, must not depart from the gate without shutting and securely fastening it.

(3) A person who manually raises a barrier (so that it is in any position other than the fully closed position) that is at a level crossing or a pedestrian crossing or elsewhere on railway land, or that is on land adjacent to railway land and that opens onto railway land, must not depart from the barrier without lowering it so that it is in the fully closed position.

analyst means an analyst authorised under regulation 47 to carry out analyses for this Part.

authorised inspector means an inspector who is authorised under regulation 45 to carry out a breath test or breath analysis.

blood test means a test of a sample of a person's blood to ascertain the concentration level (if any) of alcohol or a drug present in the person's blood.

breath analysis means an analysis of a sample of a person's breath by a breath analysis instrument to assess the concentration of alcohol in that person's blood.

breath analysis instrument means an apparatus that is a prescribed breath analysis instrument under regulation 56 of the Traffic Regulations.

breath test means a test of a sample of a person's breath to ascertain whether the prescribed concentration of alcohol or a drug is present in the person's blood.

health practitioner means a medical practitioner, registered nurse or qualified person.

prescribed concentration of alcohol means the concentration of alcohol specified in regulation 10A.

qualified person means a person who has been trained to take samples of blood or urine from persons by a registered training organisation within the meaning of the "Australian Quality Training Framework – Standards for Registered Training Organisations", published by the Australian National Training Authority established under section 5 of the Australian National Training Authority Act 1992 of the Commonwealth, as in force from time to time.

registered nurse means a person registered under the Health Practitioner Regulation National Law:

(a) to practise in the nursing and midwifery profession as a nurse (other than as a student); and

under the influence, of alcohol or a drug, in relation to a railway employee, means:

(a) for alcohol – the employee has at least the prescribed concentration of alcohol present in his or her blood; or

(b) for a drug – the employee is affected by the drug in a way that his or her ability to perform railway safety work is detrimentally affected.

urine test means a test of a sample of person's urine to ascertain whether a drug is present in the person's urine.

A requirement under this Part that an action be done by a medical practitioner is taken to be complied with if it is done under the direct supervision of a medical practitioner.

(1) For ascertaining whether a railway employee carrying out, or about to carry out, railway safety work is under the influence of alcohol or a drug, an authorised inspector may, subject to subregulation (4), require the employee to submit to:

(2) The authorised inspector may require a railway employee to submit to a breath test or breath analysis to test whether the employee is carrying out or is about to carry out railway safety work under the influence of alcohol on a random basis and without suspecting, on reasonable grounds, the employee is doing so under the influence of alcohol.

(3) The authorised inspector may require a railway employee to submit to testing by a breath test or breath analysis on a non-random basis if the authorised inspector suspects, on reasonable grounds, the employee is carrying out or is about to carry out railway safety work while under the influence of alcohol.

(4) The authorised inspector may require a railway employee to submit to a breath test to test whether the employee is carrying out or about to carry out railway safety work under the influence of a drug only if the authorised inspector suspects, on reasonable grounds, the employee is doing so under the influence of a drug.

(1) If the railway employee who is required to submit to a breath test or a breath analysis under regulation 33 refuses or fails to do so, the authorised inspector may require the employee to provide a sample of his or her blood or urine.

(2) If the authorised inspector tests by a breath test and the results of the test lead the authorised inspector to believe that the employee may be under the influence of alcohol or a drug, the inspector must require the employee to:

(3) If the authorised inspector tests by a breath analysis and the results of the test lead the authorised inspector to believe that the employee may be under the influence of alcohol, the authorised inspector may require the employee to provide a sample of his or her blood or urine.

(4) The authorised inspector may require the employee to provide a sample of his or her urine for testing if:

(a) the authorised inspector suspects, on reasonable grounds, the employee is under the influence of a drug; or

(b) an event or condition resulting from railway ownership or operations has or might have caused a fatality or an injury to a person or damage to property or the environment.

A railway employee who refuses or fails to submit to testing under regulation 33 because of a medical or physical condition may request that a sample or his or her blood or urine be taken instead.

(1) If an analysis of breath by a breath analysis instrument indicates that a railway employee is under the influence of alcohol, the authorised inspector who operated the instrument must immediately give to the employee a written statement specifying:

(2) The employee may, after the analysis, request that a sample of his or her blood or urine be taken.

(1) If the authorised inspector requires a railway employee to provide a sample of his or her blood or urine under regulation 34 or, under regulation 35 or 36(2), a railway employee requests a sample of his or her blood or urine be taken, the inspector must take the action that is necessary and reasonable for a health practitioner to take a blood or urine sample from the employee.

(2) Subject to subregulation (3), the health practitioner must be either nominated by the employee or nominated by the authorised inspector and accepted by the employee.

(b) the health practitioner nominated by the authorised inspector is not accepted by the employee; or

(c) the health practitioner nominated or accepted by the employee is not available to take the sample within one hour after the employee was required to provide the sample or requested the sample be taken at a place and at a place within 10 kilometres of the place where the employee was required to provide the sample or made the request for the sample to be taken.

(4) If subregulation (2) does not apply, the health practitioner who takes the sample may be any health practitioner who is available.

(5) The authorised inspector must be present when the health practitioner takes the sample from the employee.

(1) The health practitioner who takes a sample of blood or urine from a railway employee must divide the sample into 2 approximately equal portions and place each portion into separate containers, seal the containers and mark them with the sample's identification number.

(2) On complying with subregulation (1), the health practitioner must sign a certificate specifying the following information:

(a) make one of the containers and the certificate available to the authorised inspector (who must give it to or retain it on behalf of the Director); and

(b) give the other container to the employee or the employee's representative or retain it on behalf of the employee.

(1) On completing the analysis of a sample, the analyst who performed or supervised the analysis must sign a certificate specifying the following information:

(f) any factors relating to the sample or analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;

(g) any other information relating to the sample or analysis the analyst considers appropriate.

(2) The certificate of the analyst under subregulation (1) must be given to, or retained on behalf of, the Director.

(3) A copy of the certificate must be made available to the health practitioner and the railway employee.

(1) Subregulations (2) and (3) apply to a railway employee who an authorised inspector requires under this Part to submit to a breath test or breath analysis.

(b) the inspector's reasonable directions for carrying out the breath test or breath analysis.

(3) The employee must provide a sample of his or her breath that is sufficient to complete the breath test or breath analysis.

(4) A railway employee who is required under this Part to provide a sample of his or her blood or urine must submit to the procedures necessary to provide the sample in accordance with this Part.

(5) It is a defence to a prosecution for an offence against this regulation that:

(a) the requirement or direction to which the offence relates was not lawfully made; or

(b) subject to subregulation (6) – the employee had good cause to refuse or fail to comply with the requirement or direction.

(6) The employee may not raise the defence that he or she had good cause to refuse or fail to comply with a requirement or direction because of his or her physical or medical condition unless:

(a) a sample of the employee's blood or urine was taken in accordance with regulation 34;

(b) the employee requested that a sample of his or her blood or urine be taken under regulation 35 but the authorised inspector failed to facilitate the taking of the sample or a health practitioner was not reasonably available to take the sample; or

(c) because of the employee's physical or medical condition, it was not possible or reasonably advisable or practicable in the circumstances to take the sample.

A person must not do anything to introduce, or alter the concentration of, alcohol or a drug in the person's blood or urine before submitting to a breath analysis, or providing a sample of blood or urine for analysis, to prevent or restrict the use of the results of the analysis in proceedings.

(1) If the requirements of this Part relating to breath analysis instruments and the analysis of samples of breath are complied with, it is presumed in proceedings under the Act that a concentration of alcohol indicated as being present in the blood of a person by a breath analysis instrument was present in the blood of the person at the time of analysis and throughout the preceding period of 2 hours.

(2) The presumption cannot be rebutted unless it is proved on the balance of probabilities that the concentration of alcohol present in the blood of the person was not as indicated by the breath analysis instrument by the following evidence:

(a) evidence of the analysis of a sample of the person's blood taken and dealt with in accordance with this Part;

(b) evidence that the results of analysis of a sample of the person's blood demonstrate that the breath analysis instrument gave an exaggerated reading of the concentration of alcohol present in the person's blood.

(1) The following documents are admissible in proceedings relating to an offence against the Act or these Regulations as evidence of the matters stated in them and of the facts on which they are based:

(a) a document purporting to be signed by the Director certifying that a person named in the certificate is an authorised inspector who is authorised under regulation 45 to carry out breath analyses;

(b) a document purporting to be signed by an authorised inspector certifying that:

(i) the apparatus used by the authorised inspector was a breath analysis instrument;

(ii) the breath analysis instrument was in proper order and properly operated; or

(iii) the breath analysis instrument was used in a manner that complied with this Part;

(c) a document purporting to be signed by the Director certifying that the apparatus specified in the certificate is or was at a specified time a breath analysis instrument;

(d) subject to subregulation (2) – a document purporting to be signed by an authorised inspector certifying that –

(i) a sample of the breath of a person named in the certificate was provided for analysis using a breath analysing instrument;

(ii) a concentration of alcohol expressed in grams in 100 millilitres was indicated by the breath analysing instrument as being present in the blood of the person on the day and at the time specified in the certificate; and

(2) A certificate referred to in subregulation (1)(d) cannot be received as evidence in proceedings for an offence against the Act or these Regulations:

(a) unless a copy of the certificate is served on the person it refers to not less than 7 days before the commencement of the proceedings;

(b) if the person referred to in the certificate has, not less than 2 days before the commencement of the trial, served written notice on the court requiring the attendance at the trial of the person who signed the certificate; or

(1) Subject to subregulation (2), in proceedings for an offence against the Act or these Regulations, it is presumed unless the contrary is proved on the balance of probabilities that:

(a) an apparently genuine document purporting to be a certificate, or a copy of a certificate, of a health practitioner or analyst under this Part received in evidence is a certificate of the health practitioner or analyst as to the matters stated in the certificate;

(b) if a document purporting to be a certificate of a health practitioner and a document purporting to be a certificate of an analyst specify the same identification number for the sample of blood or urine to which each relates are received in evidence – the certificates relate to the same sample of blood or urine; and

(i) the concentration of alcohol or drug stated in the certificate as having been found to be present in the sample of blood or urine to which the certificate relates was present in the sample when the sample was taken and throughout the preceding 2 hours; or

(ii) the type of drug stated in the certificate as having been found to be present in the sample of blood or urine was the type of drug present in the sample of blood or urine.

(2) A certificate referred to in subregulation (1) cannot be received as evidence in proceedings for an offence against the Act or these Regulations:

(a) unless a copy of the certificate is served on the person it refers to not less than 7 days before the commencement of the proceedings;

(1) A member of the Police Force is authorised to carry out a breath test under this Part.

(2) A member of the Police Force who is an authorised operator under the Traffic Act is authorised to carry out a breath analysis under this Part.

(4) The Director may not authorise an inspector under subregulation (3)(a) unless, in the opinion of the Director, the inspector:

(5) The Director may not authorise an inspector under subregulation (3)(b) unless, in the opinion of the Director, the inspector:

(1) An inspector must not use a breath analysis instrument unless he or she is authorised under regulation 45(2) or (3)(b) to carry out breath analyses.

(b) an unused mouth piece is used each time a railway employee provides a sample of his or her breath for analysis.

(3) The authorised inspector must not carry out a breath analysis of a sample of a railway employee's breath unless satisfied the employee has not consumed alcohol within the 15 minutes before providing the sample.

(1) A person who is an authorized analyst under the Traffic Act is authorised to carry out analyses of samples of blood provided under this Part.

(2) A person approved, in writing, by the Director to analyse samples of urine under this Part is authorised to carry out analyses of samples of urine provided under this Part.

(1) If a railway employee refuses or fails to submit to a breath test or a breath analysis or to provide a sample of his or her blood or urine on being required to do so by an authorised inspector, an inspector must report the employee's refusal or failure to:

(a) the accredited person for whom the employee performs railway safety work; and

(2) The inspector who makes the reports must do so as soon as practicable after the employee's refusal or failure (but not later than 24 hours after the employee's refusal or failure).

It is the duty of the health practitioner who takes a sample of a railway employee's blood or urine to take the measures that are reasonably practicable in the circumstances to ensure the sample is not adulterated and does not deteriorate to prevent a proper assessment of the concentration of alcohol or a drug present in the blood or urine of the employee.

A health practitioner or an analyst, or a person acting under the supervision of a health practitioner or analyst, is not criminally liable for an act done or omitted to be done by the health practitioner, analyst or person in good faith for this Part.

A person is not entitled to refuse or fail to comply with a requirement or direction relating to the taking of a sample of the person's breath, blood or urine under this Part on the ground that the person:

(a) would or might, by complying with the requirement or direction, furnish evidence that could be used against himself or herself; or

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

Column 1	Column 2
1. Exemption under section 8 of the Act	575 revenue units
Application under section 12 of the Act for permanent accreditation, whether as the owner of a railway or the operator of a railway:
(a) if the application is for accreditation as the owner of a railway	5 750 revenue units
(b) if the application is for accreditation as the operator of a railway	5 750 revenue units
(c) if the application is for accreditation as the owner and operator of a railway	11 500 revenue units
(d) if the application is made by a non-profit organisation or an organisation whose principal areas of activity involve the natural or cultural heritage of the Territory (whether for accreditation as the owner or operator or owner and operator of a railway)	575 revenue units
Application under section 12 of the Act for temporary accreditation, whether as the owner of a railway or the operator of a railway:

(b) if the application is for temporary accreditation as the operator of a railway	2 300 revenue units
(c) if the application is for temporary accreditation as the owner and operator of a railway	4 600 revenue units
(d) if the application is made by a non-profit organisation or an organisation whose principal areas of activity involve the natural or cultural heritage of the Territory (whether for temporary accreditation as the owner or operator or owner and operator of a railway)	230 revenue units
Registration of a private siding under section 29 of the Act	230 revenue units

(a) if the accredited person is an owner of a railway who is accredited for providing train control, signalling or communication systems

$0.0115 per train kilometre travelled during the previous year by trains along the railway track for which the accredited person is accredited to provide train control, signalling or communication systems or 5 750 revenue units, which ever is the greater

(b) if the accredited person is an owner of a railway who is accredited for constructing the railway	28 750 revenue units (payable each year until completion of the construction of the railway)
(c) if the accredited person is the owner of a commercial railway who is not referred to in paragraph (a) or (b)	24 revenue units per kilometre of railway track for which the accredited person is, on the day the accredited person's annual fee is due and payable, the accredited owner or 5 750 revenue units, whichever is the greater
(d) if the accredited person is the accredited operator of a commercial railway (whether to operate freight trains, passenger trains or both)	$0.028 per train kilometre travelled during the previous year by trains travelling on the railway or 5 750 revenue units, whichever is the greater
(e) if the accredited person is the owner of a railway who is accredited for operating track maintenance and inspection vehicles and equipment	5 750 revenue units
(f) if the accredited person is accredited for a purpose not specified in paragraphs (a) to (e) inclusive	5 750 revenue units
Annual fee payable by owner of registered private siding	115 revenue units

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Northern Territory Rail Safety Regulations (SL No. 31, 2002)
Notified	30 August 2002
Commenced	1 September 2002 (r 2)
Amendments of Northern Territory Rail Safety Regulations (SL No. 56, 2003)
Notified	22 December 2003
Commenced	22 December 2003
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Assent date	15 September 2004
Commenced	27 October 2004 (Gaz G43, 27 October 2004, p 3)
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date	14 December 2005
Commenced	14 December 2005
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified	14 December 2009
Commenced	1 January 2010 (r 2)
Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010)
Assent date	20 May 2010
Commenced	1 July 2010 (s 2)

Northern Territory Repealed Regulations

NORTHERN TERRITORY RAIL SAFETY REGULATIONS