Rail Safety Act 1997 (TAS)

Rail Safety Act 1997

An Act to promote the safe construction, maintenance and operation of railways as part of a national approach to rail safety regulation and for other purposes

[Royal Assent 2 September 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Rail Safety Act 1997 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3InterpretationIn this Act – Administrating Authority means a person or body appointed by the Minister as the Administrating Authority for the purposes of this Act; Australian Rail Safety Standard means the principles and standards prepared, approved and published by the Standards Association of Australia in relation to railway safety management; authorised officer means a person appointed as an authorised officer under section 41 ; document means book, paper or record of information, whether in writing or accessible only through the use of a computer or other device; investigator means a person appointed as an investigator under section 37 ; notifiable occurrence means an occurrence specified in Schedule 1 ; operation, in relation to rolling stock, includes provision, maintenance or movement of rolling stock; operation of a railway means the operation of rolling stock on a railway; operator, in relation to a railway, means a person who is responsible, whether by reason of ownership, control or management, for the operation of rolling stock on the railway or for the purposes of the railway; owner, in relation to a railway, means a person who is responsible, whether by reason of ownership, control or management, for – (a) the construction and maintenance, or construction or maintenance, of rail infrastructure; or (b) the operation of train control, signalling or communication systems; police force has the same meaning as in the Police Regulation Act 1898 ; private siding means a siding owned and maintained by a person who does not own, control or manage the running line with which the siding connects or to which it has access, but does not include a marshalling yard or a passenger or freight terminal, or a siding of a kind excluded by the regulations from the ambit of this definition; rail infrastructure or "infrastructure" means the facilities necessary to enable a railway to operate safely and includes, but is not limited to, railway track, associated track structures, over or under track structures, supports (including supports for equipment or items associated with the use of a railway), tunnels, bridges, stations, platforms, train control systems, signalling systems, communication systems, electric traction infrastructure, buildings, workshops and associated plant, machinery and equipment; railway means a guided system designed for the movement of rolling stock which has the capability of transporting passengers or freight or both on a railway track, together with its infrastructure and associated sidings, and includes a heavy railway, light railway, inclined railway or tramway, a railway within a marshalling yard or a passenger or freight terminal and a railway of a kind prescribed by the regulations for the purposes of this definition; railway employee means an employee or contractor of an owner or operator who performs railway safety work and includes a person who performs railway safety work on a voluntary or unpaid basis; railway safety work means any of the following classes of work: (a) work that involves or relates to the driving or operation of a train; (b) work that involves or relates to the control of the movement of a train; (c) work that involves or relates to the design, construction, repair, maintenance, upgrading, inspection, testing or removal of rail infrastructure or rolling stock; (d) other work of a kind prescribed by the regulations for the purposes of this definition; regulations means regulations made under this Act; rolling stock means a vehicle, whether or not self-propelled, that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track when the vehicle is not operating on a railway track; running line means all railway tracks, other than sidings, used for the through movement of trains; safety management plan means a plan referred to in section 9(1) ; safeworking systems, in relation to a railway, means the systems and procedures for operating trains safely and for protecting railway employees, passengers, freight, rolling stock and motor vehicles on or in the proximity of railway tracks; siding means a portion of a railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line and left unattended; State includes a Territory; track means the combination of rails, rail connectors, sleepers, ballast, points and crossings (or substitute devices if used); train means a self-propelled unit of rolling stock or 2 or more units of rolling stock coupled together, at least one of which is a locomotive or other self-propelled unit. 4Application of Act (1)  This Act applies to – (a) a railway within the State with a track gauge equal to or greater than 600 mm; and (b) any other system designed to transport passengers or freight or both and declared by the regulations to be a railway for the purposes of this Act – and to the operation of any such railway. (2)  This Act does not apply to – (a) a railway in a mine which is underground or predominantly underground and used in connection with the performance of mining operations; or (b) a slipway; or (c) a crane-type runway; or (d) a railway or system of a class excluded by the regulations from the operation of this Act. (3)  The Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act – (a) on specified persons or persons of a specified class; or (b) in relation to specified railways or railways of a specified class. (4)  An exemption under subsection (3) may be granted by the Minister on conditions specified by the Minister. (5)  The Minister may, at any time, by further notice in the Gazette – (a) vary or revoke an exemption; or (b) vary or revoke a condition of an exemption. (6)  A person must not contravene or fail to comply with a condition imposed under this section.Penalty:  Fine not exceeding 200 penalty units. 5Act binds Crown (1)  This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2)  No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act. PART 2Accreditation of owners and operatorsDivision 1General provisions6Requirement for accreditation (1) A person must not be the owner of a railway unless the person holds an appropriate owner accreditation for the railway under this Act.Penalty: Fine not exceeding 500 penalty units. (2) A person must not be the operator of a railway unless the person holds an appropriate operator accreditation for the railway under this Act.Penalty: Fine not exceeding 500 penalty units. (3) A person may hold both owner accreditation and operator accreditation. 7Granting accreditation (1) An application for accreditation is to be made to the Administrating Authority in a manner and form determined by the Administrating Authority. (2) The Administrating Authority, on due application under this Act, is to accredit an applicant as the accredited owner of a railway if satisfied – (a) that the applicant has the competency and capacity to meet the requirements of the Australian Rail Safety Standard and any other safety standard prescribed by the regulations or determined by the Administrating Authority to be relevant to the operation of this Act, and generally to ensure the safe construction and maintenance, or construction or maintenance, of rail infrastructure or, if relevant, the proper operation of train control, signalling and communication systems; and (b) that the applicant has an appropriate safety management plan; and (c) that appropriate standards will be met in relation to the availability and adequacy of rail infrastructure and that appropriate safeworking and operating systems will apply under the accreditation; and (d) that the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the railway; and (e) that the applicant has a right, or is in a position to obtain a right – (i) of access to land where the railway is, or is to be, constructed or located; and (ii) to use relevant rail infrastructure; and (f) as to any other matter prescribed by the regulations. (3) The Administrating Authority, on due application under this Act, is to accredit an applicant as the accredited operator of a railway if satisfied – (a) that the applicant has the competency and capacity to meet the requirements of the Australian Rail Safety Standard and any other safety standard prescribed by the regulations or determined by the Administrating Authority to be relevant to the operation of this Act, and generally to ensure the safe operation of rolling stock on the railway; and (b) that the applicant has an appropriate safety management plan; and (c) that appropriate standards will be met in relation to the suitability of rolling stock and that appropriate safety systems will apply under the accreditation; and (d) that the applicant has the financial capacity or public risk insurance arrangements to meet reasonable potential accident liabilities for the railway; and (e) unless the applicant is the owner of the railway, that the applicant possesses, or is in a position to possess, appropriate rights to operate a railway on the railway specified in the application; and (f) as to any other matter prescribed by the regulations. (4) If an applicant holds an accreditation in another State or by the Commonwealth for a similar railway consistent with the requirements of the Australian Rail Safety Standard and with the form of accreditation to which the application relates, the applicant will be taken to have the competency and capacity to meet the requirements of the Australian Rail Safety Standard for the purposes of this section. 8Safety standards (compliance specification) (1) An applicant for accreditation as an owner of a railway is to submit to the Administrating Authority appropriate safety standards, with which the applicant agrees to comply to the satisfaction of the Administrating Authority, relevant to the safe construction and maintenance, or construction or maintenance, of rail infrastructure or, if relevant, the proper operation of train control, signalling and communication systems, associated with the railway. (2) An applicant for accreditation as an operator of a railway is to submit to the Administrating Authority appropriate safety standards, with which the applicant agrees to comply to the satisfaction of the Administrating Authority, relevant to the safe operation of rolling stock. 9Safety management plans (1) An applicant for accreditation is to submit to the Administrating Authority a comprehensive safety management plan that – (a) in the case of – (i) an owner, identifies significant potential risks that may arise from the construction and maintenance, or construction or maintenance, of rail infrastructure or, if relevant, the operation of train control, signalling and communication systems associated with the relevant railway; and (ii) an operator, identifies significant potential risks that may arise from the operation of rolling stock on the relevant railway; and (b) specifies the systems, audits, expertise and resources that are to be employed by the applicant to address those risks; and (c) specifies who is to be responsible for the implementation and management of the plan. (2) If a person is accredited under this Act, the person must revise the person’s safety management plan on an annual basis to the satisfaction of the Administrating Authority at least 28 days before each anniversary of the accreditation.Penalty: Fine not exceeding 200 penalty units. 10Administrating Authority may require further information (1) The Administrating Authority may require an applicant for accreditation to furnish it with other information required by the Administrating Authority to determine the application. (2) The Administrating Authority may require an applicant for accreditation to verify, by statutory declaration, information furnished for the purposes of the application. 11Interim accreditationThe Administrating Authority may grant interim accreditation to an applicant to permit – (a) site preparation; or (b) restoration or repair work; or (c) testing of railway track or other infrastructure; or (d) any other activity or purpose considered appropriate by the Administrating Authority. 12Duration of accreditation (1)  Subject to subsection (2) , an accreditation remains in force unless or until it is suspended, cancelled or surrendered. (2) The Administrating Authority may, if it thinks fit, grant a person temporary accreditation for a period not exceeding 12 months. 13Style and particulars of accreditation (1) The Administrating Authority is to give particulars of accreditation, in writing, to the accredited person. (2)  An accreditation may be general or limited. 14Conditions (1)  An accreditation is subject to conditions – (a) imposed by the Administrating Authority; or (b) prescribed by the regulations or otherwise imposed by or under this Act. (2) An accredited person may, on application to the Administrating Authority in writing, request the variation of a condition to which the accreditation is subject, and the Administrating Authority may, as it thinks fit – (a) grant the variation; or (b) refuse to grant the variation. (3) The Administrating Authority may, if it considers it appropriate to do so, by notice in writing to an accredited person, vary a condition to which the accreditation is subject. (4)  The conditions of an accreditation may be varied by the addition, substitution or deletion of one or more conditions. (5)  A person must not contravene or fail to comply with a condition of an accreditation.Penalty:  Fine not exceeding 200 penalty units. 15Private sidings (1) A person who owns a private siding is not required to hold an accreditation under this Act. (2) If a person wishes a private siding to be, or continue to be, connected with, or to have access to, a railway or siding owned by an accredited person, the first-mentioned person must – (a) register the private siding with the Administrating Authority; and (b) comply with conditions imposed by the Administrating Authority from time to time or prescribed by the regulations with respect to the safe construction, maintenance and operation of the siding. Penalty:  Fine not exceeding 200 penalty units. Division 2Refusal, variation, suspension or cancellation of accreditation16Refusal of application for accreditationIf the Administrating Authority refuses an application for accreditation, the Administrating Authority is to notify the applicant in writing of – (a) the refusal; and (b) the reasons for the refusal; and (c) the procedures for conciliation, mediation and appeal under this Act. 17Variation of accreditation (1) An accredited person may, on application to the Administrating Authority in a manner and form determined by the Administrating Authority, request the variation of the accreditation, and the Administrating Authority may, as it thinks fit – (a) grant the variation; or (b) refuse to grant the variation. (2) The Administrating Authority may vary an accreditation on its own initiative if it considers it appropriate to do so. (3)  Before varying an accreditation under subsection (2) , the Administrating Authority is to give the accredited person a notice in writing – (a) stating the proposed variation; and (b) stating the reasons for the variation; and (c) inviting the person to show, within a specified time (of not less than 28 days), why the variation should not be made. (4) If, after considering representations made within the specified time, the Administrating Authority considers the accreditation should be varied, the Administrating Authority may vary the accreditation – (a) in the way proposed; or (b) in another way, having regard to the representations. (5) The Administrating Authority is to inform the accredited person of the decision by notice in writing. (6) If the Administrating Authority decides to vary the accreditation under subsection (4) , the notice is to also state – (a) the variation; and (b) the reasons for the variation; and (c) the procedures for conciliation, mediation and appeal under this Act. (7)  Subsections (3) to  (6) do not apply if the Administrating Authority proposes a variation for a formal or clerical reason that does not adversely affect the accredited person’s interests. (8)  A variation for a purpose referred to in subsection (7) may be effected by notice in writing to the accredited person. 18Suspension or cancellation of accreditation (1)  If an accredited person – (a) contravenes or fails to comply with a requirement of this Act or the regulations or a term, requirement or condition of the accreditation; or (b) fails to meet a standard that applies to or in respect of the accreditation; or (c) contravenes or fails to comply with a direction under this Act; or (d) in the course of acting under the accreditation, acts negligently, or in an unsafe or unlawful manner; or (e) provides false or misleading information in connection with the operation of this Act; or (f) contravenes, or fails to comply with or satisfy, a requirement, standard, qualification or condition prescribed by the regulations for the purposes of this paragraph – the Administrating Authority may suspend or cancel the accreditation. (2)  Before taking action under subsection (1) , the Administrating Authority must give the accredited person a notice in writing – (a) stating the proposed action; and (b) stating the reasons for the proposed action; and (c) inviting the person to show, within a specified time (of not less than 28 days), why the proposed action should not be taken. (3) If, after considering representations made within the specified time, the Administrating Authority considers that action should be taken, the Administrating Authority may – (a) suspend the accreditation for a specified period, until the fulfilment of specified conditions or until it makes a further determination; or (b) cancel the accreditation; or (c) take other action determined by the Administrating Authority to be appropriate in the circumstances. (4) The Administrating Authority is to inform the accredited person of the decision by notice in writing. (5) If the Administrating Authority takes action under subsection (3) , the notice is to also state – (a) the reasons for the action; and (b) the procedures for conciliation, mediation and appeal under this Act. 19Immediate suspension (1) If the Administrating Authority considers that there would be an immediate and serious threat to the safety of the public or to property or both unless an accreditation is suspended immediately, the Administrating Authority may, without complying with section 18 , suspend the accreditation immediately for a period, and on terms, specified in a written notice of suspension given to the accredited person. (2)  A suspension under subsection (1) cannot exceed 6 weeks except with the concurrence of the Minister. (3) The Administrating Authority may – (a) withdraw a suspension under this section at any time; or (b) with the concurrence of the Minister, extend a suspension under this section, pending resolution of the matter under section 18 , as appropriately modified to meet the circumstances of the case. Division 3Dispute resolution20Dispute resolution (1)  A person – (a) whose application for accreditation has been refused, or who considers that his or her application for accreditation has not been decided within a reasonable period; or (b) who is an accredited person and is aggrieved by a decision of the Administrating Authority with respect to conditions imposed with respect to the accreditation, or a variation or proposed variation of them; or (c) who is, or has been, an accredited person and is aggrieved by a decision of the Administrating Authority under Division 2  – may, within 28 days after the relevant decision, apply for the matter to be dealt with by conciliation or mediation in accordance with the scheme set out in the regulations. (2)  A person who is dissatisfied with the outcome of conciliation or mediation proceedings under subsection (1) may, subject to the regulations, within 28 days after the conclusion of the proceedings, appeal to a magistrate. (3)  Subject to subsection (4) , the operation of a decision continues pending the outcome or determination of conciliation or mediation proceedings, or the outcome of an appeal. (4) The Administrating Authority or a magistrate may make an interim order suspending the operation of a decision. (5)  On the hearing of an appeal, a magistrate may, according to the nature of the case, do one or more of the following: (a) after having regard to this Act and the regulations, relevant standards under this Act, the policies of the Administrating Authority made known to the magistrate and other matters considered relevant by the magistrate, affirm, vary or quash the decision appealed against or substitute, or make in addition, a decision that the magistrate thinks appropriate; (b) remit the subject-matter of the appeal to the Administrating Authority for further consideration; (c) refer a matter to the Administrating Authority for determination or redetermination; (d) make any further or other order that the case requires. (6)  Fresh evidence, or evidence in addition to or in substitution for the evidence on which the original decision was made, may be admitted in the hearing of an appeal. Division 4Related matters21Application feeAn applicant for accreditation, variation of accreditation or registration of a private siding is to pay a fee fixed by the Administrating Authority and published in the Gazette. 22Annual fees (1) An accredited person or the owner of a private siding registered under this Part is to also pay an annual fee fixed by the Administrating Authority and published in the Gazette. (2) An annual fee must be paid by an accredited person or the owner of a private siding at the time of accreditation or registration and, after the accreditation or registration, on an annual basis on or before each anniversary of the person’s accreditation for the particular railway or the registration of the private siding. (3) The Administrating Authority may accept payment of an annual fee in accordance with an agreement made with the person who is liable to pay the fee. (4) The Administrating Authority may reduce or waive an annual fee payable under this section. (5)  If a person fails to pay an annual fee in accordance with this section, the accreditation or registration is, by force of this section, suspended until the fee is paid. (6) The Administrating Authority may exempt a person from the operation of subsection (5) if the fee is paid in accordance with a determination of the Administrating Authority or an agreement under this section. (7) The Administrating Authority may fix different fees for different kinds of accreditations, fix various methods for the calculation of various fees, fix differential fees on a basis determined by the Administrating Authority and impose additional fees for late payment of fees under this section. 23Periodical returns (1) An accredited person, not later than the relevant day for the accreditation determined in accordance with the regulations, is to lodge with the Administrating Authority a return containing the prescribed information for each period prescribed by the regulations. (2)  If an accredited person fails to comply with subsection (1) , the Administrating Authority may, by notice in writing to the accredited person, require him or her to make good the default. (3)  If an accredited person fails to comply with a notice under subsection (2) within 14 days after service of the notice, the accreditation is, unless otherwise determined by the Administrating Authority, by force of this subsection, suspended until the accredited person complies with the notice. (4)  If an accredited person fails to comply with a notice under subsection (2) within two months after service of the notice, the accreditation is, unless otherwise determined by the Administrating Authority, by force of this subsection, cancelled. PART 3Safety standards and measures24Compliance with rail safety standards (1) The owner or operator of a railway must comply with – (a) the Australian Rail Safety Standard; and (b) safety standards prescribed by the regulations, or determined by the Administrating Authority to be relevant to the operation of this Act and notified to the owner or operator; and (c) safety standards with which the owner or operator has agreed to comply under this Act. Penalty:  Fine not exceeding 500 penalty units. (2) The owner or operator of a railway must comply with the provisions of his or her safety management plan.Penalty: Fine not exceeding 500 penalty units. 25Requirement to maintain safety systems, devices or appliances (1) An accredited person must install and maintain, or maintain, systems, devices, equipment or appliances on or with respect to a railway or rolling stock in accordance with the requirements of this Act or the terms or requirements of the person’s accreditation.Penalty: Fine not exceeding 200 penalty units. (2) Without limiting this section, systems, devices, equipment and appliances include safeworking systems, braking systems, signalling systems, wheels, isolating switches and points. 26Installation of safety or protective devices (1) The Administrating Authority may, if of the opinion that action is necessary for the purpose of the safe construction, maintenance or operation of a railway, direct an accredited person, by notice in writing, to install on or with respect to the infrastructure of the railway, or on or with respect to rolling stock, within the time specified in the notice, safety or protective systems, devices, equipment or appliances specified in the notice. (2)  An accredited person must comply with the requirements of the notice.Penalty:  Fine not exceeding 200 penalty units. 27Closing railway crossings (1) An authorised person may temporarily close or regulate a railway crossing if satisfied it is necessary because of a threat to – (a) the safety of the railway; or (b) the public using it or who may use it. (2)  If an authorised person decides to close or regulate a crossing, the authorised person, as soon as practicable after its closure or regulation, is to notify the authority responsible for the crossing of its closure or regulation, unless the authority has agreed that notification is unnecessary. (3)  In this section, authorised person means – (a) a person who holds a specific authority from the Administrating Authority for the purposes of this section; or (b) a senior manager within the staff of the accredited person who holds a specific authority issued by the accredited person in accordance with guidelines issued by the Administrating Authority. 28Power to require works to stop (1) A person, other than an accredited person, must not, without the written approval of the Administrating Authority or the owner of the railway, carry out works near a railway if the works threaten, or are likely to threaten, the railway’s safety or operational integrity.Penalty: Fine not exceeding 200 penalty units. (2)  If – (a) a person is carrying out, or proposes to carry out, works near a railway; and (b) the Administrating Authority reasonably believes the works threaten, or are likely to threaten, the railway’s safety or operational integrity – the Administrating Authority may give the person a written direction to stop, alter or not to start the works. (3)  A person must comply with the direction, unless the person has a reasonable excuse.Penalty:  Fine not exceeding 200 penalty units. (4)  If works are carried out contrary to subsection (1) or a direction under subsection (2) , the Administrating Authority may, by notice in writing, require the owner of the land where the works are situated to alter, demolish or take away the works within a reasonable time stated in the notice. (5)  A person must comply with the requirement unless the person has a reasonable excuse.Penalty:  Fine not exceeding 200 penalty units. (6) If the requirements of a notice are not complied with, the Administrating Authority may take any action required by the notice. (7)  Action under subsection (6) may be taken on the Administrating Authority’s behalf by an authorised officer or by another person authorised by the Administrating Authority for the purpose. (8) The Administrating Authority may recover the reasonable costs and expenses incurred by it in taking action under subsection (6) as a debt from the person who failed to comply with the requirements of the notice. (9) For the purposes of this section, an authorised officer, or a person who holds a specific authority from the Administrating Authority, may enter land and inspect works, and carry out any work authorised under subsection (6)  – (a) after giving 4 days’ notice in writing to the land’s owner or occupier; or (b) with the written agreement of the land’s owner or occupier; or (c) without notice or agreement, if the Administrating Authority reasonably believes there is an immediate and significant threat to the railway’s safety or operational integrity. 29Railway employees (1) It is a condition of accreditation that an accredited person is to take all reasonable steps to ensure that a railway employee who performs railway safety work – (a) has the capacity and skills, and is adequately trained, to perform the work; and (b) is of sufficient good health and fitness to perform the work; and (c) does not carry out railway safety work – (i) while there is present in his or her blood the prescribed concentration of alcohol; or (ii) while under the influence of a drug. (2) A railway employee must not carry out railway safety work – (a) while there is present in his or her blood the prescribed concentration of alcohol; or (b) while under the influence of a drug. Penalty:  Fine not exceeding 25 penalty units. (3) The Administrating Authority may require an accredited person to carry out random or other testing, in accordance with procedures set out in the regulations, of persons who are about to carry out, who are carrying out, or who were carrying out at the time of a notifiable occurrence, railway safety work on a railway owned or operated by the accredited person to ensure compliance with subsections (1) and (2) . PART 4Compliance inspections and reporting30Safety compliance inspections (1) The Administrating Authority may, at intervals considered appropriate by it (but no less frequently than once every 12 months), cause to be inspected – (a) the railway track, other infrastructure and rolling stock of an accredited person; and (b) the construction, maintenance and operation of a railway by an accredited person; and (c) the performance of railway employees – to ensure that the accredited person is complying with the conditions and terms of the accreditation and the requirements of this Act. (2) The Administrating Authority may at any time, by notice in writing, direct an accredited person to cause to be inspected any railway track, other infrastructure or rolling stock. (3) The Administrating Authority may, at any time, inspect, or cause to be inspected, documents held by, or under the control of, an accredited person relating to – (a) the construction, maintenance or operation of a railway by the accredited person; or (b) the acquisition, operation, disposal, renovation or repair of rail infrastructure or rolling stock; or (c) the preparation, implementation or operation of the safeworking systems of a railway; or (d) other matters the Administrating Authority considers relevant to the safe construction, maintenance or operation of a railway, or any aspect of a railway, by an accredited person or otherwise relevant to compliance with the requirements of this Act. 31Directions to undertake remedial safety work (1) The Administrating Authority may, as a result of a safety compliance inspection or otherwise, direct an accredited person to undertake remedial safety work to secure compliance with the conditions, terms or requirements of the person’s accreditation or the requirements of this Act. (2)  The direction is to be given by a notice in writing that sets out details of the work to be undertaken and the period within which it is to be undertaken. (3) If an accredited person fails to comply with the direction, the Administrating Authority may, subject to this section, arrange for the work to be undertaken and may recover as a debt from the person reasonable costs and expenses associated with the undertaking of the work. 32Directions to provide program of remedial safety work (1) The Administrating Authority may, as a result of a safety compliance inspection or otherwise, direct an accredited person who has failed to comply with the requirements of this Act or the conditions, terms or requirements of the person’s accreditation to provide the Administrating Authority with a program (including a timetable) for remedial safety work that the person proposes to undertake to remedy that failure. (2) The direction is to be given by notice in writing and is to state the date by which the program is to be provided. 33Notifiable occurrences (1) An accredited owner or operator must report to the Administrating Authority within the time prescribed by the regulations an occurrence that happens on or in relation to a railway owned or operated by the person, or in relation to rolling stock operated by the person, and that is of a kind specified in Schedule 1 . (2) Accredited persons may make a joint report with respect to a notifiable occurrence. (3)  In addition to the matters specified in Schedule 1 , the Administrating Authority may, by notice in writing, require an accredited person to report to the Administrating Authority any other incident which endangers or could endanger the safe construction, maintenance or operation of a railway. (4) A report under this section must be made in the prescribed manner and form and the Administrating Authority may require information supplied in a report to be verified by statutory declaration. (5)  The Governor may, by regulation, amend Schedule 1 from time to time. 34Authority may require report from owner or operator (1) The Administrating Authority may require an accredited person to inquire into, and report to the Administrating Authority under this section on – (a) a railway accident; or (b) an incident or other matter that may affect, may have affected, or is otherwise relevant to, the safe construction, maintenance or operation of a railway. (2) If the Administrating Authority has received a report on an accident, incident or other matter, the Administrating Authority may require an accredited person to inquire into the matter by reviewing or commenting on the report. (3) An inquiry is to be conducted in a manner approved or determined by the Administrating Authority and within the time specified by the Administrating Authority. (4) After completing an inquiry, the accredited person must provide a written report on the matter to the Administrating Authority. 35Request for certain details (1) If the Administrating Authority becomes aware that an accident, incident or other matter on, involving or associated with a railway or rolling stock may have occurred, the Administrating Authority may require an accredited person to furnish a written report on the matter within a reasonable period specified by the Administrating Authority. (2) The accredited person must comply with the requirement within the time specified by the Administrating Authority. 36OffenceA person must not contravene or fail to comply with a requirement or direction imposed or given by or under this Part.Penalty:  Fine not exceeding 200 penalty units. PART 5Inquiries and inspectionsDivision 1Inquiries37Appointment of investigator (1) If an accident or other incident on, associated with or involving a railway causes or results in a person’s death, serious personal injury or major property damage, the Administrating Authority may, on its own initiative or at the request of an accredited person, and is to, at the request of the Minister, appoint an independent investigator or investigators to inquire into and report on the accident or incident under this Division. (2) The Administrating Authority may also appoint an independent investigator or investigators to inquire into and report on any other accident or incident under this Division. (3) Before the Administrating Authority makes an appointment under subsection (1) or (2) , the Administrating Authority is to consult with the Minister and any relevant accredited person about – (a) the person to be appointed as the investigator; and (b) the matter or matters to be inquired into by the investigator; and (c) reporting arrangements once the inquiry is completed. (4) An investigator is to be appointed on terms and conditions agreed between the Administrating Authority and the investigator. 38Procedures and powers of investigator (1) In conducting an inquiry under this Division, an investigator – (a) is to attempt to determine the circumstances surrounding any accident or incident to prevent the occurrence of accidents or incidents and is not to apportion blame for the occurrence of accidents or incidents or determine the liability of any person in respect of any accident or incident; and (b) is to act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues; and (c) is not bound by the rules of evidence, but may inform himself or herself on a matter as the investigator thinks fit. (2) An investigator may, for the purposes of an inquiry under this Division – (a) by summons signed by the investigator, require the attendance of any person, require the production of any document, object or material or require the provision of any information; and (b) require a person to answer relevant questions; and (c) require a person to make an oath or affirmation to answer questions put by the investigator; and (d) exercise the powers of an authorised officer under Division 2 . (3)  A person – (a) who has been served with a summons, must not fail without reasonable excuse to attend in obedience to the summons; or (b) who has been served with a summons to produce any document, object or material or provide information, must not fail without reasonable excuse to comply with the summons; or (c) must not refuse to answer a relevant question when required to do so under this section; or (d) must not refuse to be sworn or to affirm; or (e) must not, without reasonable excuse, hinder or obstruct an investigator in the exercise of powers under this section or fail to obey any other requirement or direction given by an investigator. Penalty:  Fine not exceeding 100 penalty units. (4) A person is not excused from answering a question, producing any document, object or material, or providing information, as required under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (5) Any answer given, any document, object or material produced, or any information given, by any person pursuant to a requirement under this section is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty, other than proceedings in respect of the making of a false or misleading statement – (a) if the person claims before giving the answer, producing the document, object or material or providing the information that the answer, document, object, material or information might tend to incriminate the person; or (b) unless the person’s entitlement to make a claim of a kind referred to in paragraph (a) was drawn to the person’s attention before the answer was given, the document, object or material was produced or the information was provided. (6)  A person is not obliged under this section to provide information that is privileged on the ground of legal professional privilege. (7) If a document, object or material is produced or found by an investigator, the investigator may do all or any of the following: (a) inspect it; (b) make copies of, photograph or take extracts from, or test, it; (c) take possession of it, and keep it while it is necessary for the inquiry. (8) Except as provided by this section, an inquiry under this Division may be conducted in a manner determined by the investigator. (9) An investigator may appoint a person or persons to assist him or her in an inquiry under this Division. 39Report (1) An investigator is to furnish the Minister with a copy of his or her report on its completion. (2) The report may contain the recommendations the investigator considers appropriate and other relevant matters. 40Inquiry may continue despite other proceedingsAn inquiry under this Division may start or continue, and a report may be prepared or given, despite proceedings before a court or tribunal constituted by law, unless a court or tribunal with the necessary jurisdiction orders otherwise. Division 2Inspections, &c.41Appointment of authorised officers (1)  The Minister may appoint suitable persons to be authorised officers for the purposes of this Act. (2)  An appointment under this section may be subject to conditions or limitations specified by the Minister. 42Inspection powers (1) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, exercise any of the following powers: (a) enter a place associated with a railway or the operation of a railway and inspect the place or any railway, rail infrastructure or rolling stock or other vehicle at the place; (b) with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on, any place associated with a railway or the operation of a railway or rolling stock or other vehicle; (c) give directions with respect to the stopping or movement of rolling stock; (d) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up soil and set up posts, stakes or markers; (e) take samples of any substance or thing from any place associated with a railway or the operation of a railway or rolling stock or other vehicle for analysis; (f) require a person to produce a document or other information; (g) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; (h) take photographs, films or audio, video or other recordings; (i) examine or test any rail infrastructure, rolling stock, plant, system, device, equipment, appliance, vehicle or other thing, cause or require it to be examined or tested, seize it or require its production for examination or testing; (j) seize and retain, or issue a seizure order in respect of, anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act or a requirement under this Act; (k) require a person to answer questions; (l) require a person to produce evidence of an accreditation, authorisation or qualification required by or under this Act; (m) give directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration, operation or enforcement of this Act; (n) exercise other prescribed powers. (2) Before an authorised officer enters land under this section, the authorised officer is to give the owner or occupier of the land reasonable notice of the intention to enter the land unless – (a) the giving of notice would defeat the purpose for which it is intended to enter the land; or (b) entry to the land is made with the consent of the owner or occupier of the land; or (c) entry is required in an emergency. (3) In the exercise of a power under this section, an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances. (4) An authorised officer may require the occupier of a place, or a person apparently in charge of any rail infrastructure, rolling stock, plant, system, device, equipment, appliance, vehicle or other thing, to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act. (5) If a person gives assistance to an authorised officer as required under subsection (4) , the person, if he or she so requires, is to be reimbursed by the Administrating Authority for reasonable costs and expenses incurred in giving the assistance. (6) An authorised officer is to do as little damage as possible in the exercise of a power under this section. 43Provisions relating to seizure (1)  A seizure order under this Division – (a) is to be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and (b) may be varied or revoked by further written notice served on the owner or person in control of the thing to which the order relates. (2) If a seizure order is issued under this Division, a person must not remove or interfere with the thing to which the order relates without the approval of the Administrating Authority before an order is made under subsection (3)(b) in respect of the thing, or the seizure order is discharged under subsection (3)(c) .Penalty:  Fine not exceeding 100 penalty units. (3)  If a thing has been seized or made subject to a seizure order under this Division, the following provisions apply: (a) the thing, if it has been seized, is to be held pending proceedings for an offence against this Act related to the thing seized unless the Administrating Authority, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Administrating Authority thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii) ); (b) if proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may – (i) order that it be forfeited to the Administrating Authority; or (ii) if it has been released pursuant to paragraph (a) or is the subject of a seizure order, order that it be forfeited to the Administrating Authority or that the person to whom it was released or the defendant pay to the Administrating Authority an amount equal to its market value at the time of seizure or the issuing of the seizure order, as the court thinks fit; (c) if proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order – (i) in the case of a thing seized, the person from whom the thing was seized, or a person with legal title to it, is entitled to recover from the Administrating Authority, if necessary by action in a court of competent jurisdiction, the thing itself or, if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of seizure; or (ii) in the case of a thing subject to a seizure order, the order is discharged; (d) if proceedings have been instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order and the defendant is found not guilty of the offence, or is convicted or found guilty of the offence, but no order is made for forfeiture under paragraph (b)  – (i) in the case of a thing seized, the person from whom the thing was seized, or a person with legal title to it, is entitled to recover from the Administrating Authority, if necessary by action in a court of competent jurisdiction, the thing itself or, if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of seizure; or (ii) in the case of a thing subject to a seizure order, the order is discharged. (4)  In subsection (3) , the prescribed period means 6 months or a longer period as a magistrate may, on application by the Administrating Authority, allow. 44Offence to hinder, &c., authorised officersA person must not – (a) without reasonable excuse, hinder or obstruct an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or (b) use abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or (c) without reasonable excuse, refuse or fail to comply with a requirement or direction of an authorised officer under this Division; or (d) when required by an authorised officer under this Division to answer a question, refuse or fail without reasonable excuse to answer the question to the best of the person’s knowledge, information and belief; or (e) falsely represent, by words or conduct, that he or she is an authorised officer. Penalty:  Fine not exceeding 100 penalty units. 45Self-incrimination, &c. (1) A person is not excused from answering a question, or producing a document or other information, as required under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) Any answer given, or any document or other information produced, by any person pursuant to a requirement under this Division is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty, other than proceedings in respect of the making of a false or misleading statement – (a) if the person claims before giving the answer or producing the document or information that the answer, document or information might tend to incriminate the person; or (b) unless the person’s entitlement to make a claim of a kind referred to in paragraph (a) was drawn to the person’s attention before the answer was given or the document or information was produced. (3)  A person is not obliged to provide information under this Division that is privileged on the ground of legal professional privilege. PART 6MiscellaneousDivision 1Administration46Ministerial control (1)  Subject to subsection (2) , the Administrating Authority is, in the administration of this Act, subject to control and direction by the Minister. (2)  The Minister may not give a direction – (a) in relation to the grant or refusal of an accreditation under this Act; or (b) to suppress information or recommendations in a report of the Administrating Authority under this Act. 47Delegation (1) The Administrating Authority may delegate a function or power conferred on or vested in the Administrating Authority under this Act. (2)  A delegation – (a) may be made – (i) to a particular person or body; or (ii) to the person for the time being occupying a particular office or position; and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) may provide for the further delegation of the function or power by the delegate; and (d) is revocable at will and does not derogate from the power of the Administrating Authority to act in a matter. 48Recovery of cost of entry and inspectionThe Administrating Authority may recover as a debt from an accredited person the reasonable costs of the entry and inspection of a railway or rolling stock in respect of which the person is accredited, other than the costs of a routine safety compliance inspection under Part 4 . 49Exclusion from liability (1) No liability (including liability in negligence or for breach of statutory duty or defamation) attaches to the Minister, the Administrating Authority, an investigator, an authorised officer or any other person acting in the administration of this Act for an honest act or omission in the exercise or purported exercise of a function or power under this Act. (2)  No act or omission referred to in subsection (1) gives rise to a civil liability against the Crown or an agency or instrumentality of the Crown. Division 2General offences and proceedings50False information (1)  A person must not – (a) by a false statement or misrepresentation, obtain or attempt to obtain an accreditation under this Act; or (b) forge or fraudulently alter or use an accreditation under this Act; or (c) fraudulently allow an accreditation under this Act to be used by another person. Penalty:  Fine not exceeding 200 penalty units. (2)  A person must not, in furnishing information or a report under this Act, knowingly make a statement that is false or misleading in a material particular.Penalty:  Fine not exceeding 200 penalty units. 51Tampering with railway equipment (1)  A person must not tamper with or disable – (a) the safety equipment of a railway or rolling stock; or (b) the interlocking system of a railway; or (c) any other safeworking system associated with a railway. Penalty:  Fine not exceeding 200 penalty units. (2)  In this section, interlocking system means any lever or collection of levers, electrical and mechanical devices, or electrical devices, that operate or control points and signals, or signals, at locations where trains can be directed from one track to another and that are interlocked to prevent conflicting movements of trains. 52Offender to state name and address (1) A person reasonably suspected by a member of the police force or an authorised officer to be committing or to have committed an offence against this Act may be required to state his or her full name and usual place of residence. (2)  A person must not – (a) fail or refuse to comply with a requirement made by a member of the police force or an authorised officer under this section; or (b) in purported compliance with such a requirement, state a name that is not his or her name or an address that is not his or her usual place of residence. Penalty:  Fine not exceeding 50 penalty units. (3) A person is not guilty of an offence under this section unless it is established that the member of the police force or authorised officer – (a) warned the person that a failure or refusal to comply with the requirements is an offence; and (b) produced an official identity card for inspection by the person. 53Continuing offences (1)  If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission – (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one-fifth of the penalty prescribed for that offence. (2)  For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that a period within which, or time before which, the act is required to be done has expired or passed. 54General provision relating to offences (1)  If a body corporate is guilty of an offence against this Act, each director and manager of the body corporate is guilty of an offence and liable to the same penalty as may be imposed for the principal offence unless it is proved that the principal offence did not result from failure on his or her part to take reasonable and practicable measures to prevent the commission of the offence. (2)  A prosecution for an offence against this Act may be commenced at any time within 2 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at a later time within 3 years after the date of the alleged commission of the offence. (3) An apparently genuine document purporting to be signed by the Attorney-General and to authorise the commencement of proceedings for an offence against this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. Division 3Other matters55Liability of person for acts or omissions of employees or agentsFor the purposes of this Act, an act or omission of an employee or agent of an accredited person will be taken to be an act or omission of the accredited person unless the accredited person proves that the employee or agent was not acting in the course of employment or agency. 56Evidentiary provisionIn proceedings, a certificate purporting to be executed by the Administrating Authority certifying as to a matter relating to – (a) a delegation or authority under this Act; or (b) an accreditation, or lack of an accreditation, under this Act; or (c) a notice, requirement or direction of the Administrating Authority under this Act; or (d) the receipt or non-receipt by the Administrating Authority of a notification, record or information required to be given, furnished or provided under this Act – constitutes proof, in the absence of proof to the contrary, of the matter so certified. 57Relationship between this Act and other Acts relating to railwaysIf a provision of this Act is inconsistent with a provision of another Act relating to railways, the provision of this Act prevails and the provision of the other Act is, to the extent of the inconsistency, invalid. 58Regulations (1) The Governor may make regulations for the purposes of this Act, including regulations that make provision for or in relation to any of the matters specified in Schedule 2 . (2) The regulations may – (a) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that a specified provision of this Act does not apply, or applies with prescribed variations, in a circumstance or situation, or circumstance or situation of a prescribed class, specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (e) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Administrating Authority or another prescribed authority; and (f) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors. (3) Where the regulations refer to or incorporate a code, standard or other document prepared or published by a prescribed body – (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (b) in legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (c) the code, standard or other document has effect as if it were a regulation made under this Act. 59Transitional provisions Schedule 3 has effect. 60Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Transport; and (b) the Department responsible to the Minister for Transport in relation to the administration of this Act is the Department of Transport. Schedule 1Notifiable Occurrences

Sections 3 and 33

1.   An accident or incident involving the death of a person. The requirement to notify applies in respect of the death of any person (including a passenger, other member of the public, railway employee or trespasser) and in respect of any cause of death (including accident, suicide or ill health). 2.   An accident or incident involving serious personal injury to a person (including a passenger, other member of the public, railway employee or trespasser) that results in admission to hospital. 3.   An occurrence in which a person – (a) falls off a railway platform, bridge or structure; or (b) falls between a train and platform; or (c) falls from a train during the running, starting or stopping of the train; or (d) is struck by a train or a unit of rolling stock; or (e) is struck by an object thrown at or from a train; or (f) is struck or affected by dangerous goods, or affected by gases or fumes, on a railway or rolling stock; or (g) is struck by, or receives a shock from, electricity on a railway or on railway premises. 4.   A derailment of a train or rolling stock. 5.   A collision, including any of the following: (a) a collision between trains, other rolling stock, vehicles or obstructions or buffer stops on running lines (including a collision as a result of a vehicle-loading irregularity or an unsecured door); (b) a collision involving a train with either a road vehicle or a person at a level crossing, including a pedestrian crossing; (c) any other collision that causes damage. 6.   An unauthorised passing by a train of a signal displaying a stop indication. 7.   A significant unauthorised departure from safeworking procedures that could compromise safety. 8.   A failure of items of signalling or other safeworking equipment in a way that endangers or could endanger the safe operation of a railway. 9.   An incident at or in the immediate vicinity of a level crossing that compromises safe operation of railway traffic or the safety of the public. 10.   A failure of a tunnel, bridge or elevated structure, or a part of a tunnel, bridge or elevated structure, that endangers or could endanger the safe operation of a railway. 11.   Rolling stock runaway. 12.   An incident that could result in explosion, fire or pollution caused by dangerous goods. 13.   An incident involving rolling stock relating to any of the following: (a) hotbox (being overheated axle bearings which can cause catastrophic axle failure); (b) dragging equipment; (c) a wagon-loading defect or out-of-gauge fouling; (d) a door defect or an accidental opening of doors; (e) train parting; (f) a pantograph defect likely to cause dewirement; (g) wheel or axle failure; (h) a major braking system failure; (i) any other rolling stock failure that has the potential to cause a serious accident. 14.   An incident where an animal large enough to damage a vehicle is – (a) struck by a train; or (b) on a railway track or in the vicinity of a railway track. 15.   A fire affecting rail infrastructure or rolling stock that endangers or could endanger the safe operation of a railway. 16.   An explosion affecting rail infrastructure or rolling stock. 17.   A railway track defect that has the potential to cause derailment, including any of the following: (a) a railway track defect involving horizontal misalignment; (b) a railway track defect involving vertical misalignment; (c) a broken rail (including a rail joint). 18.   The appearance or occurrence of any of the following: (a) a defect in a civil or electrical infrastructure item that has the potential to cause an accident unless urgent corrective action is taken; (b) a defect in electrical supply or overhead wiring sufficient to cause an electrical fault or dewirement; (c) any other defect with the potential to cause an accident unless urgent corrective action is taken. Schedule 2Regulations

Section 58

1.   Accreditations under this Act, including any of the following: (a) requirements, standards, qualifications or conditions that must be satisfied; (b) requirements as to the terms, conditions or particulars applying under or with respect to them; (c) other matters relating to their award, refusal, variation, suspension, cancellation or surrender. 2.   A scheme for certificates of competency, or provisional certificates of competency, for persons employed or engaged in railway safety work, and for the duration, variation, suspension or cancellation of those certificates. 3.   The prohibition of the carrying on of railway safety work or other prescribed activity except by or under the supervision of a person – (a) who holds an appropriate certificate of competency; or (b) who has prescribed qualifications, training or experience. 4.   Safety standards or other requirements that are to be complied with – (a) in connection with the construction, maintenance or operation of a railway; or (b) in connection with the performance of any work or activity; or (c) in relation to any rail infrastructure, rolling stock, train, plant, system, device, appliance, equipment, vehicle or other thing; or (d) in relation to sidings. 5.   The safeguarding, siting, installing, testing, altering, maintaining or removal of any rail infrastructure, rolling stock, plant, system, device, appliance, equipment or other thing. 6.   The records and documents to be kept by any person, the manner of keeping those records and documents, and their inspection. 7.   The requirement to submit and the submitting of returns and other information, verified as prescribed. 8.   The recording, investigation and reporting of accidents and incidents. 9.   The health, fitness and functions of railway employees. 10.   Procedures and requirements for testing by persons of a prescribed class for the presence of alcohol or drugs or both alcohol and drugs in the blood of railway employees who are about to carry out, or who are carrying out, railway safety work, including – (a) procedures for breath, urine and blood testing; and (b) the requirement for railway employees to submit to testing; and (c) procedures and penalties if an employee does not so submit; and (d) the analysis of test results; and (e) the provision and keeping of samples; and (f) the approval of equipment or any apparatus for the purposes of testing or analysis; and (g) evidence in any proceedings for an offence against the relevant regulations. 11.   The regulation of the conduct of passengers and other persons on railways or on land or premises associated with a railway. 12.   Trespass on, or entry to, railways, or on land, premises, infrastructure or rolling stock associated with a railway. 13.   The regulation or prohibition of the carriage of goods, freight or animals on railways. 14.   The unauthorised use of railways or rolling stock. 15.   The display of signs and notices. 16.   The opening and closing of railway gates. 17.   The regulation of vehicles, animals and pedestrians crossing railways. 18.   The regulation of crossings. 19.   The loading, unloading or transportation of freight. 20.   The identification of rolling stock, rail infrastructure, devices, appliances, equipment or freight. 21.   Causing damage to, or interfering with or removing, rolling stock, rail infrastructure, devices, appliances, equipment or freight. 22.   Procedures associated with inspections, examinations or tests under this Act. 23.   The form and service of notices and other documents under this Act. 24.   Empowering the Administrating Authority to require a person to attend before an appointed person and to provide documents or information or to answer questions. 25.   Empowering the Administrating Authority to prohibit a person from acting, or from continuing to act, as a railway employee for a specified period, or until further order of the Administrating Authority. 26.   Fixing fees and charges for the purposes of this Act or in respect of any matter arising under this Act, including a fee that the Administrating Authority may recover from an accredited person as a debt if the accredited person fails to comply with a requirement of this Act within a specified time. 27.   Evidence in proceedings for an offence against the regulations. 28.   The imposition of penalties, not exceeding 50 penalty units, for a contravention of, or failure to comply with, a regulation. Schedule 3Transitional Provisions

Section 59

1.   Accreditations and registrations (1)An owner or operator of a railway, other than a private siding, who, immediately before the commencement of this clause, owns or operates a railway to which this Act applies is to be taken to hold an accreditation appropriate to the owner’s or operator’s circumstances at that commencement for the prescribed period after that commencement. (2)If, during the prescribed period under subclause (1) , an owner or operator holding an accreditation under that subclause applies to the Administrating Authority for accreditation or interim accreditation under Part 2 , the owner’s or operator’s accreditation by virtue of that subclause is to continue until such time as the application is determined by the Administrating Authority. (3)A private siding in existence immediately before the commencement of this clause is to be taken to be registered under this Act for the prescribed period after the commencement of this clause. (4)If, during the prescribed period under subclause (3) , the owner of the private siding applies to the Administrating Authority for registration of the siding under Part 2 , the registration by virtue of that subclause is to continue until such time as the application is determined by the Administrating Authority. 2.   Regulations of a savings or transitional nature (1)The regulations may contain other provisions of a saving or transitional nature consequent on the enactment of this Act. (2)A regulation made under this clause may, if the regulation so provides, take effect from the commencement of this clause or any later date.

[Second reading presentation speech made in:

House of Assembly on 13 MAY 1997

Legislative Council on 13 AUGUST 1997]