Rail Safety Act 2007 (SA)
South Australia
Rail Safety Act 2007
An Act to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Objects
4 Interpretation
5 Declaration of substance to be a drug
6 Railways to which this Act does not apply
7 Ministerial exemptions
8 Concept of ensuring safety
9 Rail safety work
10 Crown to be bound
Part 2—Occupational health and safety legislation
11 Act adds to protection provided by OHS legislation
12 OHS legislation prevails
13 Compliance with this Act is no defence to prosecution under OHS legislation.
14 Relationship between duties under this Act and OHS legislation
15 No double jeopardy
Part 3—Administration
Division 1—Rail Safety Regulator
16 Rail Safety Regulator
17 Functions
18 Annual report
19 Delegation
20 Ministerial control
21 Regulator may exercise functions of authorised officers
Division 2—Authorised officers
22 Appointment
23 Reciprocal powers
24 Identification cards
25 Possession of identification card
26 Display and production of identification card
27 Return of identification cards
Part 4—Rail safety
Division 1—General safety duties
28 Safety duties of rail transport operators
29 Duties of rail transport operators extend to contractors
30 Duties of designers, manufacturers, suppliers etc
Division 2—Accreditation
31 Purpose of accreditation
32 Accreditation required for railway operations
33 Purpose for which accreditation may be granted
34 Application for accreditation
35 What applicant for accreditation must demonstrate
36 Regulator may direct applicants to coordinate and cooperate in applications
37 Coordination between Regulators
38 Determination of application
39 Conditions and restrictions
40 Penalty for breach of condition or restriction
41 Annual fees
42 Late payment
43 Waiver of fees
44 Surrender of accreditation
45 Revocation or suspension of accreditation
46 Immediate suspension of accreditation
47 Keeping and making available documents for public inspection
48 Application for variation of accreditation
49 Where application relates to co‑operative railway operations or operations in another jurisdiction
50 Determination of application for variation
51 Prescribed conditions and restrictions
52 Regulator may direct amendment of a safety management system
53 Variation of conditions and restrictions
54 Regulator may make changes to conditions or restrictions
55 Accreditation cannot be transferred or assigned
56 Sale or transfer of railway operations by accredited person
Division 3—Private sidings
57 Exemption from accreditation
Division 4—Safety management
58 Safety management system
59 Compliance with safety management system
60 Review of safety management system
61 Safety performance reports
62 Interface coordination—rail transport operators
62A Interface coordination—rail infrastructure and roads other than private roads
62B Interface coordination—rail infrastructure and private roads
62C Identification and assessment of risks
62D Scope of interface agreements
62E Appointed person may give directions
62F Register of interface agreements
63 Security management plan
64 Emergency management plan
65 Health and fitness management program
66 Alcohol and drug management program
67 Testing for presence of alcohol or drugs
68 Fatigue management program
69 Assessment of competence
70 Identification for rail safety workers
71 Duties of rail safety workers
72 Contractors to comply with safety management system
Division 5—Information about rail safety etc
73 Rail transport operators to provide information
Division 6—Investigating and reporting by rail transport operators
74 Notification of certain occurrences
75 Investigation of notifiable occurrences
Division 7—Audit of railway operations by Regulator
76 Audit of railway operations by Regulator
Part 5—Enforcement
Division 1—Entry to places by authorised officers
77 Power to enter places
78 Limitation on entry powers—places used for residential purposes
79 Notice of entry
Division 2—General enforcement powers
80 General powers
81 Use of assistants and equipment
82 Use of electronic equipment
83 Use of equipment to examine or process things
84 Securing a site
Division 3—Offence provision and search warrants
85 Offence provision
86 Search warrant
Division 4—Powers to support seizure
87 Directions relating to seizure
88 Authorised officer may direct a thing's return
89 Receipt for seized things
90 Access to seized thing
91 Embargo notices
Division 5—Forfeiture
92 Return of seized things
93 Forfeiture
94 Forfeiture on conviction
95 Dealing with forfeited sample or thing
Division 6—Directions
96 Authorised officers may direct certain persons to give assistance
97 Power to direct name and address be given
98 Failure to give name or address
99 Power to direct production of documents
100 Failure to produce document
Division 7—Improvement notices
101 Improvement notices
102 Contravention of improvement notice
103 Withdrawal or amendment of improvement notices
104 Proceedings for offences not affected by improvement notices
105 Regulator to arrange for rail safety work required by improvement notice to be carried out
Division 8—Prohibition notices
106 Prohibition notice
107 Contravention of prohibition notice
108 Oral direction before prohibition notice served
109 Withdrawal or amendment of prohibition notice
110 Proceedings for offences not affected by prohibition notices
Division 9—Miscellaneous
111 Directions may be given under more than one provision
112 Temporary closing of railway crossings, bridges etc
113 Restoring rail infrastructure and rolling stock etc to original condition after action taken
114 Use of force
115 Power to use force against persons to be exercised only by police officers
116 Protection from incrimination
Part 6—Review of decisions
117 Interpretation
118 Reviewable decisions
119 Review by Regulator
120 Application to District Court
Part 7—Inquiries
121 Appointment of investigator
122 Procedures and powers of an investigator
123 Report
124 Related matters
Part 8—General liability and evidentiary provisions
Division 1—General
125 Period within which proceedings for offences may be commenced
126 Authority to take proceedings
127 Vicarious responsibility
128 Records and evidence from records
129 Certificate evidence
130 Proof of appointments and signatures unnecessary
131 Multiple offences
132 Offences by bodies corporate and employees
Division 2—Discrimination against employees
133 Dismissal or other victimisation of employee
Division 3—False or misleading information
134 False or misleading information provided to Regulator or officials
Division 4—Other offences
135 Offence to impersonate authorised officer
136 Not to interfere with train, tram etc
137 Applying brake or emergency device
138 Stopping a train or tram
Division 5—Court-based sanctions
139 Daily penalty for continuing offences
140 Commercial benefits order
141 Supervisory intervention order
142 Exclusion orders
Part 9—Miscellaneous
Division 1—Management of rail corridors, crossings and public works
143 Installation of control devices
144 Power to require works to stop
Division 2—Confidentiality
145 Confidentiality
Division 3—Civil liability
146 Civil liability not affected by Part 4 Division 1 or 4
147 Exclusion from liability
148 Immunity for reporting unfit rail safety worker
Division 4—Compliance codes and guidelines
149 Compliance codes and guidelines
Division 5—Other matters
150 Recovery of certain costs
151 Recovery of amounts due
152 Compliance with conditions of accreditation
153 Prescribed persons
154 Powers of authorised persons
155 Contracting out prohibited
156 Enforceable voluntary undertaking
157 Classification of offences
158 Regulations
Schedule 1—Regulations
Schedule 2—Provisions relating to alcohol and other drug testing
Part 1—Preliminary
1 Preliminary
1A Approval of couriers
2 Authorised persons
3 Urine testing
Part 2—Testing
4 Authorised person may require alcotest or breath analysis
5 Authorised person may require drug screening test, oral fluid analysis, blood test and urine test
6 Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
7 Breath analysis where drinking occurs after rail safety work is carried out
8 Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out
9 Compulsory blood testing following a notifiable occurrence
10 Processes relating to blood samples
11 Processes relating to oral fluid samples
12 Processes relating to urine samples
13 Authorised person to be present when sample taken
14 Cost of blood tests and urine tests under certain clauses
Part 3—Evidence
15 Evidence
Part 4—Miscellaneous
16 Blood samples may be taken by nurses outside Metropolitan Adelaide
17 Protection of medical practitioners etc from liability
18 Approval of apparatus for the purposes of breath analysis etc
19 Oral fluid, blood sample or urine sample or results of analysis etc not to be used for other purposes
20 Regulations
Schedule 3—Transitional provisions
Part 4—Transitional provisions
5 Interpretation
6 Existing accreditations
7 Private sidings
8 Other provisions
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Rail Safety Act 2007.
3—Objects
Having regard to the importance of rail safety and regulatory efficiency, the objects of this Act are—
(a)to provide for improvement of the safe carrying out of railway operations; and
(b)to provide for the management of risks associated with railway operations; and
(c)to make special provision for the control of particular risks arising from railway operations; and
(d)to promote public confidence in the safety of transport of persons or freight by rail.
4—Interpretation
In this Act, unless the contrary intention appears—
accredited person means a rail transport operator who is accredited under this Act but does not include a person whose accreditation under this Act—
(a)has been surrendered or revoked or has otherwise ceased to have effect under this Act; or
(b)is suspended under this Act;
appointed person means a person appointed by the Minister for the purposes of Part 4 Division 4;
Australian rail safety law means a rail safety law or a corresponding rail safety law;
Australian Rail Safety Regulator means the Rail Safety Regulator or a corresponding Rail Safety Regulator;
authorised officer means a person holding an appointment as an authorised officer under Part 3 Division 2 and includes a rail safety officer in the exercise of functions under this Act;
business day means any day except a Saturday, Sunday or public holiday;
commercial benefits order means an order under section 140;
compliance code means a compliance code approved by the Minister under section 149;
corresponding law means—
(a)the law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b)a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;
corresponding rail safety law means a rail safety law as defined in a corresponding law;
corresponding Rail Safety Regulator means—
(a)the Rail Safety Regulator within the meaning of a corresponding rail safety law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)); or
(b)a person prescribed by the regulations as the corresponding Rail Safety Regulator for another jurisdiction for the purposes of this Act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
drug means—
(a)a substance that is a drug for the purposes of this Act by virtue of a declaration under section 5; and
(b)any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
embargo notice means a notice under section 91;
employee means a person employed under a contract of employment or contract of training;
employer means a person who employs 1 or more other persons under contracts of employment or contracts of training;
exercise includes perform;
footpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians;
function includes power, authority or duty;
guidelines means guidelines approved by the Minister under section 149;
improvement notice means a notice under section 101;
interface agreement means an agreement about managing risks to safety identified and assessed under Part 4 Division 4 that includes provisions for—
(a)implementing and maintaining measures to manage those risks; and
(b)the evaluation, testing and, where appropriate, revision, of those measures; and
(c)the respective roles and responsibilities of each party to the agreement in relation to those measures; and
(d)procedures by which each party to the agreement will monitor compliance with the obligations under the agreement; and
(e)a process for keeping the agreement under review and its revision;
jurisdiction means a State or Territory;
level crossing means an area where a road and a railway meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
notifiable occurrence means an accident or incident associated with railway operations—
(a)that has, or could have, caused—
(i)significant property damage; or
(ii)serious injury; or
(iii)death; or
(b)that is, or is of a class that is, prescribed by the regulations to be a notifiable occurrence or class of notifiable occurrence,
but does not include an accident or incident, or class of accident or incident, that is prescribed by the regulations not to be a notifiable occurrence;
occupational health and safety legislation means the Occupational Health, Safety and Welfare Act 1986, or a law of the Commonwealth that relates to occupational health and safety prescribed by the regulations for the purposes of this definition;
oral fluid includes saliva;
prescribed concentration of alcohol means the concentration of alcohol present in the blood of a person that is prescribed by the regulations (being a specified amount, or any greater amount, of alcohol in 100 millilitres of blood);
prescribed drug means a substance declared by the regulations to be a prescribed drug;
private road means a road in private ownership;
private siding means a siding that is managed, owned or controlled by a person, other than a person who manages the rail infrastructure with which the siding connects or to which it has access, but does not include—
(a)a marshalling yard;
(b)a crossing loop;
(c)a passenger terminal;
(d)a freight terminal;
(e)a siding, or a siding of a class, prescribed by the regulations not to be a private siding;
prohibition notice means a notice under section 106;
public place means—
(a)a place that—
(i)the public is entitled to use; or
(ii)is open to members of the public; or
(iii)is used by the public,
whether or not on payment of money; or
(b)a place that the occupier allows members of the public to enter, whether or not on payment of money;
rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to—
(a)railway tracks and associated track structures;
(b)service roads, signalling systems, communications systems, rolling stock control systems and data management systems;
(c)notices and signs;
(d)electrical power supply and electric traction systems;
(e)associated buildings, workshops, depots and yards;
(f)plant, machinery and equipment,
but does not include—
(g)rolling stock; or
(h)any facility, or facility of a class, that is prescribed by the regulations not to be rail infrastructure;
rail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective management and control of the rail infrastructure, whether or not the person—
(a)owns the rail infrastructure; or
(b)has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it;
rail or road crossing includes a railway crossing, a bridge carrying a road over a railway and a bridge carrying a railway over a road;
rail safety law means this Act and the regulations or a provision of this Act or the regulations;
rail safety officer means a person who under the provisions of a corresponding rail safety law corresponds to an authorised officer under this Act;
rail safety work—see section 9;
rail safety worker means a natural person who has carried out, is carrying out or is about to carry out, rail safety work;
rail transport operator means—
(a)a rail infrastructure manager; or
(b)a rolling stock operator; or
(c)a person who is both a rail infrastructure manager and a rolling stock operator;
railway means a guided system, or proposed guided system, designed for the movement of rolling stock having the capability of transporting passengers or freight, or both, on a railway track with a gauge of 600 mm or more, together with its rail infrastructure and rolling stock and includes—
(a)a heavy railway;
(b)a light railway;
(c)a monorail;
(d)an inclined railway;
(e)a tramway;
(f)a railway within a marshalling yard or a passenger or freight terminal;
(g)a private siding;
(h)a guided system, or guided system of a class, prescribed by the regulations to be a railway;
Note—
See section 6 for railways to which this Act does not apply.
railway crossing means—
(a)a level crossing; or
(b)any area where a footpath or shared path crosses a railway or tram tracks at substantially the same level;
railway operations means—
(a)the construction of a railway, railway tracks and associated track structures or rolling stock;
(b)the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;
(c)the commissioning, maintenance, repair, modification or decommissioning of rolling stock;
(d)the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);
(e)the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;
railway premises means—
(a)land (including any premises on land) on or in which is situated rail infrastructure;
(b)land (including any premises on land) on or in which is situated any over‑track or under‑track structure or part of an over‑track or under‑track structure;
(c)freight centres or depots used in connection with the carrying out of railway operations;
(d)workshops or maintenance depots used in connection with the carrying out of railway operations;
(e)premises including an office, building or housing used in connection with the carrying out of railway operations;
(f)rolling stock or other vehicles associated with railway operations;
railway tracks and associated track structures means—
(a)railway tracks and associated track structures and works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works);
(b)over‑track structures and under‑track structures (including tunnels under tracks);
registered association means—
(a)an association registered under the Fair Work Act 1994 or an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b)the United Trades and Labor Council;
Regulator or Rail Safety Regulator—see Part 3 Division 1;
road means a road within the meaning of the Road Traffic Act 1961;
road infrastructure has the same meaning as in the Road Traffic Act 1961;
road manager—
(a)in relation to a private road—means the owner, or other person responsible for the care, control and management, of the road;
(b)in relation to any other road—means an authority, person or body responsible for the care, control or management of the road;
road vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1959;
rolling stock means a vehicle that operates on or uses a railway and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, self propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle, but does not include a vehicle designed to operate both on and off a railway when the vehicle is not operating on a railway;
rolling stock operator means a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway but does not include a person by reason only that the person drives the rolling stock or controls the network or the network signals;
safety means the safety of people, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public;
safety management plan means a document describing a safety management system;
safety management system—see section 58;
security management plan—see section 63;
shared path has the same meaning as in the Australian Road Rules;
siding means a portion of railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line;
spouse—a person is the spouse of another if they are legally married;
substance means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture;
supervisory intervention order means an order under section 141;
supply includes—
(a)in relation to goods—supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;
(b)in relation to services—provide, grant or confer, whether as principal or agent;
this jurisdiction means South Australia;
train means—
(a)2 or more units of rolling stock coupled together, at least one of which is a locomotive or other self propelled unit; or
(b)a unit of rolling stock that is a locomotive or other self propelled unit.
5—Declaration of substance to be a drug
The Minister, by notice published in the Gazette, may declare any substance to be a drug for the purposes of this Act.
6—Railways to which this Act does not apply
This Act does not apply to—
(a)a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations;
(b)a slipway;
(c)a railway used only to guide a crane;
(d)an aerial cable operated system;
(e)a railway that is operated solely within an amusement or theme park, is required to be registered as an amusement structure under occupational health and safety legislation and does not operate on or across a road within the meaning of the Road Traffic Act 1961;
(f)a railway, or class of railway, that the regulations prescribe to be a railway to which this Act does not apply.
7—Ministerial exemptions
(1)The Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act—
(a)on a person, or persons of a class, specified by the Minister; or
(b)in relation to a railway, or railways of a class, specified by the Minister.
(2)An exemption under subsection (1) may be granted by the Minister on conditions specified by the Minister.
(3)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.
(4)A person who contravenes or fails to comply with a condition imposed under this section is guilty of an offence.
Maximum penalty: $50 000.
8—Concept of ensuring safety
(1)To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person—
(a)to eliminate risks to safety so far as is reasonably practicable; and
(b)if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.
(2)To avoid doubt, for the purposes of this Act and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety:
(a)the likelihood of the risk concerned eventuating;
(b)the degree of harm that would result if the risk eventuated;
(c)what the person concerned knows or ought reasonably to know, about the risk and any ways of eliminating or reducing the risk;
(d)the availability and suitability of ways to eliminate or reduce the risk;
(e)the cost of eliminating or reducing the risk.
9—Rail safety work
(1)Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Act:
(a)driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock;
(b)signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock;
(c)coupling or uncoupling rolling stock;
(d)maintaining, repairing, modifying, monitoring, inspecting or testing—
(i)rolling stock, including checking that the rolling stock is working properly before being used; or
(ii)rail infrastructure;
(e)installation of components in relation to rolling stock;
(f)work on or about rail infrastructure relating to the design, construction, repair, modification, maintenance, monitoring, upgrading, inspection or testing of the rail infrastructure or associated works or equipment, including checking that the rail infrastructure is working properly before being used;
(g)installation or maintenance of—
(i)a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or
(ii)the means of supplying electricity directly to rail infrastructure or to any rolling stock using rail infrastructure or to a telecommunications system;
(h)work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;
(i)work involving the decommissioning of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;
(j)work involving the development, management or monitoring of safe working systems for railways;
(k)work involving the management or monitoring of passenger safety on, in or at any railway;
(l)any other work that is prescribed by the regulations to be rail safety work.
(2)For the purposes of this Act, rail safety work does not include any work, or any class of work, prescribed by the regulations not to be rail safety work.
10—Crown to be bound
(1)This Act binds the Crown, in right of the State and also, so far as the legislative power of the State extends, the Crown 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 2—Occupational health and safety legislation
11—Act adds to protection provided by OHS legislation
If a provision of the occupational health and safety legislation applies to railway operations, that provision continues to apply, and must be observed, in addition to this Act and the regulations made under this Act.
12—OHS legislation prevails
If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the occupational health and safety legislation, the provision of the occupational health and safety legislation prevails to the extent of any inconsistency.
Note—
For example, if a provision of this Act deals with a certain matter and a provision of the Occupational Health, Safety and Welfare Act 1986 deals with the same matter and it is impossible to comply with both provisions, then the person must comply with the Occupational Health, Safety and Welfare Act 1986 and not with this Act. If provisions of both Acts deal with the same matter but it is possible to comply with both provisions, then a person must comply with both Acts.
13—Compliance with this Act is no defence to prosecution under OHS legislation.
Compliance with this Act or the regulations made under this Act, or with any requirement imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the occupational health and safety legislation.
14—Relationship between duties under this Act and OHS legislation
Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the occupational health and safety legislation.
15—No double jeopardy
Where an act or omission constitutes an offence—
(a)under this Act or the regulations made under this Act; and
(b)under the occupational health and safety legislation,
the offender is not liable to be punished twice in respect of the offence.
Part 3—Administration
Division 1—Rail Safety Regulator
16—Rail Safety Regulator
(1)There is to be a Rail Safety Regulator.
(2)The Regulator is to be appointed by the Minister.
(3)The Minister may—
(a)appoint a specified person as the Regulator; or
(b)appoint the person for the time being holding or acting in a specified office or position as the Regulator.
(4)An appointment under subsection (3) may be made in relation to a person, office or position in the Public Service of the State.
(5)The Minister may assign a person to act as the Regulator—
(a)during a vacancy in the office of Regulator; or
(b)when a person appointed as Regulator is absent from, or unable to discharge, official duties.
17—Functions
(1)In addition to any other functions conferred on the Regulator by this Act or the regulations, the Regulator has the following functions:
(a)to administer, audit and review the accreditation regime under this Act;
(b)to work with rail transport operators, rail safety workers, others involved in railway operations and corresponding Rail Safety Regulators to improve rail safety in this jurisdiction and nationally;
(c)to provide information to corresponding Rail Safety Regulators, including information about causal factors of rail incidents, accreditation processes, investigation methods and risk assessment methodologies;
(d)to collect and publish information relating to rail safety;
(e)to provide, or facilitate the provision of, advice, education and training in relation to rail safety;
(f)to monitor, investigate and enforce compliance with this Act.
(2)The functions of the Regulator under this Act are in addition to any function that the Regulator has under any other Act or law.
18—Annual report
(1)The Regulator must, on or before 31 October in each year, deliver to the Minister a report on the Regulator's activities under this Act for the year ending on the preceding 30 June.
(2)The Regulator must include in the report—
(a)information on the development of rail safety including an aggregation of statistics of a prescribed class reported to the Regulator under this Act or the regulations in respect of the relevant financial year; and
(b)information on any improvements and important changes in relation to the regulation of rail safety; and
(c)other information required to be included in the report by another provision under this or any other Act, or by the Minister.
(3)The report may be included as part of the annual report of an administrative unit responsible for assisting the Minister in the administration of this Act.
(4)The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after the Minister receives the report.
19—Delegation
(1)The Regulator may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Regulator under this Act.
(2)A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the ability of the Regulator to act in any matter; and
(d)is revocable at will.
(3)A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
20—Ministerial control
(1)The Regulator is subject to the general control and direction by the Minister in connection with administrative matters associated with the activities of the Regulator under this Act.
(2)Without limiting subsection (1), no Ministerial direction can be given—
(a)in relation to the requirements for accreditation under this Act; or
(b)in relation to a particular rail transport operator or rail safety worker; or
(c)in relation to dealing with a particular circumstance, incident or event; or
(d)so as to suppress information or in relation to recommendations associated with reporting under this Act.
(3)This section does not limit any power given to the Minister under another provision of this Act.
21—Regulator may exercise functions of authorised officers
(1)The Regulator may exercise any function conferred on an authorised officer by or under this Act or the regulations.
(2)Accordingly, in this Act (except this Part) a reference to an authorised officer includes a reference to the Regulator.
Division 2—Authorised officers
22—Appointment
(1)The Regulator may, by instrument in writing, appoint a person, to be an authorised officer for a term specified in the instrument.
(2)In addition, a person of a class specified by the Regulator, by instrument published in the Gazette, will be taken to be a person appointed as an authorised officer.
Note—
1A person appointed under subsection (1) or (2) need not be an employee of a government agency or instrumentality.
2A person appointed under subsection (1) or (2) may be a police officer of this jurisdiction or a rail safety officer under a corresponding rail safety law.
(3)An appointment under subsection (1) or (2) may be subject to conditions specified by the Regulator.
(4)Without limiting the conditions to which the appointment of an authorised officer may be subject, a condition may specify 1 or more of the following:
(a)functions under this Act or the regulations that may not be exercised by the authorised officer;
(b)the only functions under this Act or the regulations that may be exercised by the authorised officer;
(c)the circumstances or manner in which a function under this Act or the regulations may be performed by the authorised officer.
(5)The Regulator may, by instrument in writing, revoke the appointment of a person as an authorised officer.
(6)An instrument under subsection (5) may relate to a person who would otherwise be an authorised officer under subsection (2).
(7)However, for an instrument to have effect under subsection (6), it must be published in the Gazette.
23—Reciprocal powers
(1)This section has effect in relation to another jurisdiction while there is in force a corresponding rail safety law that contains provisions corresponding to this section.
(2)The Minister may enter into an agreement with a Minister of another jurisdiction for the purposes of this section, including an agreement to amend or revoke any such agreement.
(3)To the extent envisaged by such an agreement—
(a)authorised officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred on rail safety officers of the other jurisdiction by or under the corresponding rail safety law of that other jurisdiction; and
(b)rail safety officers of that other jurisdiction may, in this jurisdiction or that other jurisdiction, exercise functions conferred on authorised officers by or under this Act.
(4)Anything done or omitted to be done by an authorised officer of this jurisdiction under subsection (3) is taken to have been done under this Act as well as under the corresponding rail safety law.
(5)The regulations may make provision for or with respect to the exercise of functions under this section.
(6)Nothing in this section affects the appointment under section 22 of persons as authorised officers for the purposes of this Act.
24—Identification cards
The Regulator must—
(a)issue an authorised officer with an identification card; or
(b)designate a card issued by a person, body or authority (whether or not of this jurisdiction) as an identification card for the purposes of this Act.
25—Possession of identification card
An authorised officer must not exercise a function conferred by or under this Act unless an identification card has been issued to, or designated for, the officer by the Regulator.
26—Display and production of identification card
(1)This section applies to an authorised officer who is exercising, or about to exercise, a function under this Act.
(2)An authorised officer must—
(a)display his or her identification card if the officer is not wearing an approved uniform or badge; or
(b)produce his or her identification card if requested to do so by a person in relation to whom the officer is exercising, or about to exercise, the function.
(3)If it is not practical for an authorised officer to produce his or her identification card on being requested to do so, the authorised officer must produce his or her identification card as soon as practicable after the request is made.
(4)In this section—
approved, in relation to a uniform or badge worn by an authorised officer, means a uniform or badge approved by the Regulator.
27—Return of identification cards
A person who has ceased to be an authorised officer must not, without reasonable excuse, refuse or fail to return to the Regulator, within such period as is specified by the Regulator in a request for return of the card, any identification card issued to the person by the Regulator.
Maximum penalty: $750.
Part 4—Rail safety
Division 1—General safety duties
28—Safety duties of rail transport operators
(1)A rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator's railway operations.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
(2)Without limiting subsection (1), a rail transport operator contravenes that subsection if the operator fails to do any of the following:
(a)develop and implement, so far as is reasonably practicable, safe systems for the carrying out of the operator's railway operations;
(b)ensure, so far as is reasonably practicable, that each rail safety worker who is to perform rail safety work in relation to the operator's railway operations—
(i)is of sufficient good health and fitness to carry out that work safely; and
(ii)is competent to undertake that work;
(c)ensure, so far as is reasonably practicable, that rail safety workers do not carry out rail safety work in relation to the operator's railway operations, and are not on duty, while the prescribed concentration of alcohol is present in their blood or while impaired by alcohol or a drug;
(d)ensure, so far as is reasonably practicable, that rail safety workers who perform rail safety work in relation to the operator's railway operations comply with the operator's fatigue management program in force under section 68;
(e)provide, so far as is reasonably practicable, adequate facilities for the safety of persons at any railway premises under the control or management of the operator;
(f)provide, so far as is reasonably practicable—
(i)such information and instruction to, and training and supervision of, rail safety workers as is necessary to enable those workers to perform rail safety work in relation to the operator's railway operations in a way that is safe; and
(ii)such information to rail transport operators and other persons on railway premises under the control or management of the operator as is necessary to enable those persons to ensure their safety.
(3)Without limiting subsection (1), a rail infrastructure manager contravenes that subsection if the manager fails to do any of the following:
(a)ensure, so far as is reasonably practicable, that any design, construction, commissioning, use, installation, modification, maintenance, repair, cleaning or decommissioning of the manager's rail infrastructure is done or carried out in a way that ensures, so far as is reasonably practicable, the safety of railway operations;
(b)establish, so far as is reasonably practicable, such systems and procedures for the scheduling, control and monitoring of railway operations that ensure, so far as is reasonably practicable, the safety of the manager's railway operations.
(4)Without limiting subsection (1), a rolling stock operator contravenes that subsection if the rolling stock operator fails to do any of the following:
(a)provide or maintain rolling stock that, so far as is reasonably practicable, is safe;
(b)ensure, so far as is reasonably practicable, that any design, construction, commissioning, use, modification, maintenance, repair, cleaning or decommissioning of rolling stock is done or carried out in a way that, so far as is reasonably practicable, ensures safety;
(c)comply, so far as is reasonably practicable, with such rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager's rail infrastructure by the rolling stock operator;
(d)so far as is reasonably practicable, establish and maintain equipment, procedures and systems to minimise risks to the safety of the operator's railway operations;
(e)make arrangements for ensuring, so far as is reasonably practicable, safety in connection with the use, operation and maintenance of the operator's rolling stock.
29—Duties of rail transport operators extend to contractors
(1)The duties of a rail transport operator under section 28 extend to a person who, not being an employee employed to carry out railway operations, undertakes railway operations on or in relation to rail infrastructure or rolling stock of the operator, and any employees of the person, in relation to matters over which the operator has control or would have control if not for any agreement purporting to limit or remove that control.
(2)A person to whom the duties under section 28 extend by reason of subsection (1) must comply with those duties in respect of railway operations referred to in that subsection undertaken by the person.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
30—Duties of designers, manufacturers, suppliers etc
(1)A person who—
(a)designs, commissions, manufactures, supplies, installs or erects any thing; and
(b)knows, or ought reasonably to know, that the thing is to be used as or in connection with rail infrastructure or rolling stock,
must—
(c)ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected; and
(d)carry out, or arrange the carrying out, of such testing and examination of the thing as may be necessary for compliance with this section; and
(e)take such action as is necessary to ensure, so far as is reasonably practicable, that there will be available in connection with the use of the thing adequate information about—
(i)the use for which the thing was designed, commissioned, manufactured, supplied, installed or erected; and
(ii)the results of any testing or examination referred to in paragraph (d); and
(iii)any conditions necessary to ensure, so far as is reasonably practicable, the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
(2)A person who decommissions any rail infrastructure or rolling stock must—
(a)ensure, so far as is reasonably practicable, that the decommissioning is carried out safely; and
(b)carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section.
Maximum penalty:
(a)where the offender is a body corporate—$60 000;
(b)where the offender is a natural person—$20 000.
(3)For the purposes of subsection (1), if the person who supplies the thing—
(a)carries on the business of financing the acquisition of the thing by customers; and
(b)has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and
(c)has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer,
the reference in subsection (1) to the person who supplies that thing is instead taken to be a reference to the third person.
Division 2—Accreditation
31—Purpose of accreditation
The purpose of accreditation of a rail transport operator in relation to railway operations is to attest that the rail transport operator has demonstrated to the Rail Safety Regulator the competence and capacity to manage risks to safety associated with those railway operations.
32—Accreditation required for railway operations
(1)A person must not carry out or cause or permit to be carried out, any railway operations unless the person—
(a)is a rail transport operator who—
(i)is accredited under this Part in relation to those operations; or
(ii)is exempt under this Act from compliance with this section in relation to those operations; or
(b)is carrying out those operations, or causing or permitting those operations to be carried out, for or on behalf of—
(i)a rail transport operator who is accredited under this Part in relation to those operations; or
(ii)a rail transport operator who is exempt under this Act from compliance with this section in relation to those operations; or
(c)is exempt under this Act from compliance with this section in relation to those operations.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
Note—
If a body corporate and related bodies corporate are involved, an exemption may be given so that only 1 of the bodies need be accredited (related body corporate meaning related by virtue of section 50 of the Corporations Act 2001).
(2)Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who—
(a)is accredited under this Part; or
(b)is exempt under this Act from compliance with this section,
in relation to that rail safety work.
33—Purpose for which accreditation may be granted
(1)An accreditation may be granted to a rail transport operator for any 1 or more of the following purposes:
(a)for the carrying out of railway operations for the part or parts of a railway designated in the notice of accreditation, or for a part or parts having the scope or characteristics so designated;
(b)for any service or aspect, or part of a service or aspect, of railway operations designated in the notice of accreditation;
(c)for specified railway operations to permit any 1 or more of the following:
(i)site preparation;
(ii)construction of rail infrastructure;
(iii)restoration or repair work;
(iv)testing of railway track or other infrastructure;
(v)other activities relating to railway operations considered appropriate by the Regulator and designated in the notice of accreditation.
(2)If the applicant so requests, accreditation may be granted for a specified period only.
34—Application for accreditation
(1)A rail transport operator may apply to the Regulator for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by, or on behalf of, that operator.
(2)An application must be made in the manner and form approved by the Regulator and—
(a)must specify the scope and nature of the railway operations in respect of which accreditation is sought; and
(b)must include a safety management plan relating to those railway operations; and
(c)must specify whether or not the applicant is accredited, or has applied for accreditation, under a corresponding law; and
(d)must contain the prescribed information; and
(e)must be accompanied by the prescribed application fee.
(3)The Regulator may require a rail transport operator who has applied for accreditation—
(a)to supply further information requested by the Regulator;
(b)to verify by statutory declaration any information supplied to the Regulator.
35—What applicant for accreditation must demonstrate
(1)The Regulator must not grant accreditation to an applicant unless satisfied, having regard to the guidelines applicable to this section, that the applicant has demonstrated—
(a)that the applicant is or is to be a rail infrastructure manager or rolling stock operator in relation to the railway operations for which accreditation is sought; and
(b)that the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought; and
(c)that the applicant—
(i)has the competence and capacity to implement the proposed safety management system; and
(ii)has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and
(iii)that the applicant has met the consultation requirements of this Act in relation to the applicant's safety management system; and
(iv)that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.
(2)The Regulator may, in determining whether an applicant satisfies the requirements of subsection (1)(b) or (c)(i), take into account (and, if the Regulator thinks fit, rely on) the fact that the applicant holds an accreditation under a corresponding law.
36—Regulator may direct applicants to coordinate and cooperate in applications
(1)If the Regulator—
(a)receives applications from 2 or more rail transport operators for accreditation; and
(b)believes that coordinated preparation of the applications is necessary to ensure that the railway operations of the applicants are carried out safely,
the Regulator may give a direction in writing to the rail transport operators to coordinate their applications.
(2)A direction under this section may require each rail transport operator who is the subject of the direction to provide to each other rail transport operator who is the subject of the direction information concerning any circumstances in relation to the carrying out of railway operations by the first‑mentioned rail transport operator that could constitute a risk to safety in relation to the carrying out of rail operations by another rail transport operator that is the subject of the direction.
(3)A rail transport operator that is given a direction under subsection (1) must comply with the direction.
Maximum penalty: $15 000.
(4)A rail transport operator that has coordinated the preparation of an application in accordance with this section must include in the application reference to information given by the rail transport operator to each other rail transport operator, and information given to the rail transport operator by each other rail transport operator, in accordance with a direction under this section.
Maximum penalty: $15 000.
37—Coordination between Regulators
(1)This section applies if the Regulator receives an application for accreditation, or for variation of accreditation or the conditions or restrictions of accreditation, that indicates that the applicant is accredited, or is seeking accreditation, under a corresponding law of 1 or more other jurisdictions (whether or not contiguous with this jurisdiction).
(2)The Regulator must, as soon as possible and before deciding whether or not to grant the application, consult with the relevant corresponding Rail Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions.
(3)The Regulator, in complying with subsection (2), must take into account any guidelines applicable to this section.
(4)If the Regulator does not, in relation to an application, act consistently with the provisions of the guidelines, the Regulator must give the applicant reasons for not so acting.
38—Determination of application
(1)Subject to this section, the Regulator must give to the applicant, within the relevant period—
(a)if the Regulator is satisfied as to the matters referred to in section 35 and, if applicable, section 36, notice in writing granting accreditation to the applicant with or without any conditions or restrictions; or
(b)if the Regulator is not so satisfied, notice in writing refusing the application.
(2)A notice under subsection (1) granting an application must specify—
(a)the prescribed details of the applicant; and
(b)the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the accreditation is granted; and
(c)any conditions and restrictions imposed by the Regulator on the grant of accreditation; and
(d)any other prescribed information.
(3)A notice—
(a)under subsection (1) refusing an application, or imposing a condition or restriction, must include—
(i)the reasons for the decision to refuse to grant the application or impose the condition or restriction; and
(ii)information about the right of review under Part 6;
(b)under subsection (4)(c) extending a period, must include information about the right of review under Part 6.
(4)In this section—
relevant period, in relation to an application, means—
(a)6 months after the application was received by the Regulator; or
(b)if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or
(c)if the Regulator, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,
whichever is the longer.
39—Conditions and restrictions
An accreditation granted under this Part is subject to any conditions or restrictions prescribed by the regulations for the purposes of this section and that are applicable to the accreditation.
40—Penalty for breach of condition or restriction
An accredited person must not contravene or fail to comply with a condition or restriction of accreditation applying under this Part.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
41—Annual fees
(1)An accredited person must pay an annual fee fixed by the Minister and published in the Gazette.
(2)The annual fee must be paid by an accredited person at the time of accreditation and thereafter on an annual basis on or before a date determined by the Minister.
(3)The Regulator may accept payment of an annual fee in accordance with an agreement (that provides, for example, for the payment of fees by instalments) made with the person who is liable to pay the fee.
(4)The Minister 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 Minister, and impose additional fees for the late payment of fees under this section.
42—Late payment
(1)If an accredited person fails to pay an annual fee in accordance with this Part, the accreditation is, by force of this section, suspended until the fee is paid.
(2)However, the Regulator may exempt a person from the operation of subsection (1) if—
(a)the fee is paid in accordance with a determination of the Regulator or an agreement made with the person who is liable to pay the fee; or
(b)the Regulator determines that there is some other reasonable cause that justifies an exemption under this subsection.
43—Waiver of fees
The Regulator may, after consultation with the Minister, waive, or refund, the whole or part of any fee payable under this Part.
44—Surrender of accreditation
An accredited person may, in accordance with the regulations, surrender the person's accreditation.
45—Revocation or suspension of accreditation
(1)This section applies in respect of an accredited person if—
(a)the Regulator considers that the accredited person—
(i)is no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 35 or to satisfy the conditions, or to comply with the restrictions, of the accreditation; or
(ii)is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the accreditation relates and has not done so for at least the preceding 12 months; or
(b)the accredited person contravenes this Act or the regulations.
(2)The Regulator—
(a)may suspend the accreditation, or part of the accreditation, of the accredited person for a period determined by the Regulator; or
(b)may revoke the accreditation of the accredited person wholly or in part, or in respect of particular railway operations specified in the notice, with immediate effect or with effect from a specified future date; or
(c)may impose conditions or restrictions on the accreditation; or
(d)may vary conditions or restrictions to which the accreditation is subject,
and, if the Regulator revokes the accreditation, the Regulator may declare that the accredited person is disqualified from applying for accreditation, or for accreditation in relation to specified railway operations, during a specified period.
(3)Before making a decision under subsection (2), the Regulator—
(a)must notify the person in writing—
(i)that the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and
(ii)that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and
(b)must consider any representations made under paragraph (a)(ii) and not withdrawn.
(4)If the Regulator suspends or revokes the accreditation of the accredited person wholly or in part, or in respect of specified railway operations, the Regulator must include in the notice of suspension or revocation the reasons for the suspension or revocation and information about the right of review under Part 6.
(5)If the Regulator suspends or revokes the accreditation of a person who is accredited in another jurisdiction, the Regulator must give notice of the suspension or revocation to the relevant corresponding Regulator.
(6)The Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.
46—Immediate suspension of accreditation
(1)If the Regulator considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the Regulator may, without complying with section 45(3) or (4), by written notice given to the accredited person, immediately suspend the accreditation of the person—
(a)wholly or in part, or in respect of particular railway operations specified in the notice; and
(b)for a specified period, not exceeding 6 weeks.
(2)The Regulator may, by notice in writing given to a person whose accreditation is suspended wholly or in part or in respect of particular railway operations—
(a)reduce the period of suspension specified in a notice under subsection (1); or
(b)extend the period of suspension specified in a notice under subsection (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that subsection.
(3)The Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.
(4)Before making a decision under subsection (2)(b) to extend a period of suspension, the Regulator—
(a)must notify the person in writing—
(i)that the Regulator is considering extending the period of suspension for the reasons specified in the notification; and
(ii)that the person may, within 7 days or such longer period as is specified in the notification, make written representations to the Regulator showing cause why the suspension should not be extended; and
(b)must consider any representations made under paragraph (a)(ii) and not withdrawn.
(5)If the Regulator extends the suspension of the person, the Regulator must include in the notice extending the suspension the reasons for the extension and information about the right of review under Part 6.
47—Keeping and making available documents for public inspection
A rail transport operator must ensure that—
(a)if the operator is an accredited person or has an exemption under this Part, the current notice of accreditation or exemption under this Part; and
(b)if the operator is a rail infrastructure manager of a private siding registered with the Rail Safety Regulator, the notice of registration; and
(c)any other document prescribed by the regulations for the purposes of this section,
are available for inspection—
(d)if the operator is a body corporate, at the operator's registered office during ordinary business hours;
(e)if the operator is not a body corporate, at the operator's principal place of business or, if the Regulator approves another place and time, at that place and time.
Maximum penalty: $2 500.
48—Application for variation of accreditation
(1)An accredited person may apply to the Regulator, in the manner and form approved by the Regulator, for a variation of the accreditation.
(2)An application for variation—
(a)must specify the details of the variation being sought; and
(b)must contain the prescribed information; and
(c)must be accompanied by the prescribed application fee.
(3)The Regulator may require an accredited person who has applied for a variation—
(a)to supply further information requested by the Regulator;
(b)to verify by statutory declaration any information supplied to the Regulator.
49—Where application relates to co‑operative railway operations or operations in another jurisdiction
Sections 36 and 37 apply to an application for variation as if a reference in those sections to accreditation were a reference to variation of accreditation.
50—Determination of application for variation
(1)Subject to this section, the Regulator must, within the relevant period, give to the applicant—
(a)if the Regulator is satisfied as to the matters referred to in sections 35 and 36 so far as they are applicable to the proposed variation, notice in writing varying the accreditation, with or without any conditions or restrictions; or
(b)if the Regulator is not so satisfied, notice in writing refusing the application.
(2)A notice under subsection (1) varying an accreditation must—
(a)specify the prescribed details of the applicant; and
(b)specify the variation to the accreditation so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and
(c)specify any conditions and restrictions imposed by the Regulator on the accreditation as varied; and
(d)specify any other prescribed information.
(3)A notice—
(a)under subsection (1) refusing an application, or imposing a condition or restriction, must include—
(i)the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction; and
(ii)information about the right of review under Part 6;
(b)under subsection (4)(c) extending a period, must include information about the right of review under Part 6.
(4)In this section—
relevant period, in relation to an application, means—
(a)6 months after the application was received by the Regulator; or
(b)if the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or
(c)if the Regulator, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,
whichever is the longer.
51—Prescribed conditions and restrictions
The accreditation of a person that is varied under this Part is subject to any conditions or restrictions prescribed by the regulations and that are applicable to the accreditation as varied.
52—Regulator may direct amendment of a safety management system
(1)The Regulator may direct a rail transport operator, by notice in writing, to amend the operator's safety management system within a specified period, being not less than 28 days after the giving of the direction.
(2)A direction under subsection (1) must state the reasons why the Regulator considers it is necessary for the rail transport operator to amend the safety management system and include information about the right of review under Part 6.
(3)The rail transport operator must not, without reasonable excuse, fail to comply with a direction under subsection (1).
Maximum penalty:
(a)where the offender is a body corporate—$120 000;
(b)where the offender is a natural person—$40 000.
53—Variation of conditions and restrictions
(1)An accredited person may apply to the Regulator for a variation of any condition or restriction to which the accreditation is subject and that was imposed by the Regulator.
(2)An application for variation of a condition or restriction must be made as if it were an application for variation of accreditation and section 48 applies accordingly.
(3)The Regulator must consider the application and, if satisfied as to the matters referred to in sections 35 and 36, so far as they are applicable to the proposed variation, may, by notice given to the accredited person and, so far as practicable, in accordance with the provisions of this Part applicable to a grant of accreditation, grant or refuse to grant the variation.
(4)A notice under subsection (3) refusing to grant a variation of a condition or restriction must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 6.
54—Regulator may make changes to conditions or restrictions
(1)The Regulator may, subject to this section, at any time and in the discretion of the Regulator, vary or revoke a condition or restriction imposed by the Regulator to which the accreditation of an accredited person is subject or impose a new condition or restriction.
(2)Before taking action under this section, the Regulator must—
(a)give the accredited person written notice of the action that the Regulator proposes to take; and
(b)allow the accredited person to make written representations about the intended action within 14 days (or any other period that the Regulator and the accredited rail operator agree upon); and
(c)consider any representations made under paragraph (b) and not withdrawn.
(3)Subsection (2) does not apply if the Regulator considers it necessary to take immediate action in the interests of safety.
(4)The Regulator must—
(a)give, in writing, to the accredited person—
(i)details of any action taken under subsection (1); and
(ii)a statement of reasons for any action taken under subsection (1); and
(b)notify, in writing, the accredited person that the person has a right of review of the decision under Part 6.
55—Accreditation cannot be transferred or assigned
(1)An accreditation—
(a)is personal to the person who holds it; and
(b)is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; and
(c)does not vest by operation of law in any other person.
(2)A purported transfer or assignment of an accreditation or any other purported dealing with an accreditation by the person who holds it is of no effect.
(3)This section has effect despite anything in any Act or rule of law to the contrary.
56—Sale or transfer of railway operations by accredited person
(1)If an accredited person proposes to sell or otherwise transfer any railway operations for which the person is accredited, the Regulator may, on an application for accreditation under this Part being made by the proposed transferee, waive compliance by the proposed transferee with any 1 or more of the requirements of this Division.
(2)The Regulator is not to waive compliance with any such requirements unless the proposed transferee demonstrates, to the satisfaction of the Regulator, that the proposed transferee has the competence and capacity to comply with the relevant requirements of this Division that apply to applicants for accreditation of the appropriate kind.
(3)A waiver of compliance with requirements may be given subject to such conditions and restrictions (if any) as appear to the Regulator to be necessary.
Division 3—Private sidings
57—Exemption from accreditation
(1)A rail infrastructure manager of a private siding is not required—
(a)to be accredited under this Part in respect of railway operations carried out in the private siding; or
(b)to comply with Division 4, Division 5 or Division 6 in relation to the private siding.
(2)However, if the rail infrastructure manager wishes the private siding to be (or to continue to be) connected with, or to have access to, a railway or siding of an accredited person, the rail infrastructure manager must—
(a)register the private siding with the Regulator and pay the annual fee fixed by the Minister; and
(b)comply with conditions imposed by the Regulator (from time to time) or prescribed by the regulations with respect to the safe construction, maintenance and operation of the private siding (which may include conditions or regulations that are the same as, or similar to, any provisions of Division 4, 5 or 6); and
(c)comply with the provisions of section 62 in relation to the management of the interface with the railway of the accredited person; and
(d)notify the accredited person in writing of any railway operations affecting or relating to the safety of the railway or siding of the accredited person.
Maximum penalty:
(a)where the offender is a body corporate—$60 000;
(b)where the offender is a natural person—$20 000.
(3)The Regulator must issue a notice of registration to a rail infrastructure manager who registers a private siding with the Regulator.
(4)If the regulations so prescribe, the Regulator must make the register kept for the purposes of subsection (2) available for public inspection at the Regulator's office or a prescribed place, during ordinary business hours.
Division 4—Safety management
58—Safety management system
(1)A rail transport operator must have a safety management system for railway operations (other than railway operations in respect of which the operator is not required to be accredited) carried out on or in relation to the rail transport operator's rail infrastructure or rolling stock that—
(a)is in a form approved by the Regulator; and
(b)complies with the relevant prescribed requirements and the prescribed risk management principles, methods and procedures; and
(c)identifies and assesses any risks to safety that have arisen or may arise from the carrying out of railway operations on or in relation to the rail transport operator's rail infrastructure or rolling stock; and
(d)specifies the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks that have been identified and to monitor safety in relation to those railway operations; and
(e)includes procedures for monitoring, reviewing and revising the adequacy of those controls; and
(f)includes—
(i)measures to manage risks to safety identified under section 62, 62A or 62B; and
(ii)a security management plan in accordance with section 63; and
(iii)an emergency management plan in accordance with section 64; and
(iv)a health and fitness management program in accordance with section 65; and
(v)an alcohol and drug management program in accordance with section 66; and
(vi)a fatigue management program in accordance with section 68.
Maximum penalty:
(a)where the offender is a body corporate—$300 000;
(b)where the offender is a natural person—$100 000.
(2)A rail transport operator, before establishing a safety management system in relation to railway operations in respect of which the operator is required to be accredited or reviewing or varying any such safety management system, must consult, so far as is reasonably practicable, with—
(a)persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the rail transport operator's railway premises or with the rail transport operator's rolling stock; and
(b)health and safety representatives within the meaning of the occupational health and safety legislation representing any of the persons referred to in paragraph (a); and
(c)on the application of a person referred to in paragraph (a)—a registered association of which that person is a member; and
(d)any other rail transport operator with whom the first‑mentioned operator has an interface agreement under section 62 relating to risks to safety of railway operations carried out by or on behalf of either of them; and
(e)the public, as appropriate.
(3)If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an agreement referred to in subsection (2)(d) with the first mentioned rail transport operator, when taken as one system, comply with this Act, both safety management systems are taken to comply with this Act.
(4)A safety management system must be evidenced in writing and—
(a)must identify each person responsible for preparing any part of the safety management system; and
(b)must identify the person, or class of persons, responsible for implementing the system.
(5)A rail transport operator—
(a)may, in satisfying a requirement under this section, including a requirement arising in relation to a plan or program referred to in subsection (1)(f), incorporate (including by reference) a document or other material prepared for the purposes of another Act if the document or other material satisfies the relevant requirement under this Act; and
(b)may be taken to have complied with a requirement under this section, including a requirement arising in relation to a plan or program referred to in subsection (1)(f), to the extent that the relevant requirement has been satisfied by compliance with the provisions of another Act.
(vi)any other information relating to the sample or analysis that the analyst thinks fit to include;
(g)on completion of an analysis of a sample, the certificate of the analyst who performed or supervised the analysis must be sent—
(i)to the Regulator; and
(ii)if the sample was taken as a result of testing required by a police officer—to the Commissioner of Police; and
(iii)to the person from whom the sample was taken, or if the person is dead, a relative or personal representative of the deceased;
(h)if the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(iii) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.
12—Processes relating to urine samples
The provisions prescribed by the regulations will apply where a sample of urine is taken under this Act.
13—Authorised person to be present when sample taken
The taking of a blood sample under clause 4(9), clause 5(1) or clause 5(9) must be in the presence of an authorised person.
14—Cost of blood tests and urine tests under certain clauses
The cost of taking a sample of blood or urine under clause 4(9), clause 5(1), clause 5(9) or clause 9, and the subsequent analysis of the sample, will be payable by a person determined in accordance with a scheme prescribed by the regulations.
Part 3—Evidence
15—Evidence
(1)Without affecting the admissibility of evidence that might be given otherwise than in pursuance of this clause, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by an authorised person and, if the requirements and procedures in relation to breath analysing instruments and breath analysis under this Schedule or prescribed by regulation, including subclauses (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis, and throughout the preceding period of 2 hours.
(2)No evidence can be adduced in rebuttal of the presumption created by subclause (1) except—
(a)evidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with this Schedule or in accordance with the regulations; and
(b)evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant.
(3)No evidence can be adduced as to a breath or blood alcohol reading obtained from a coin‑operated breath testing or breath analysing machine installed in a hotel or other licensed premises.
(4)As soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying—
(a)the reading produced by the breath analysing instrument; and
(b)the date and time of the analysis.
(5)If a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the instrument is the prescribed concentration of alcohol, the person operating the breath analysing instrument must immediately—
(a)give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Act in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and
(b)at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.
(6)A certificate—
(a)purporting to be signed by the Regulator and to certify that a person named in the certificate is an authorised person; or
(b)purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or
(c)purporting to be signed by an authorised person and to certify that—
(i)the apparatus used by the authorised person was a breath analysing instrument within the meaning of this Schedule; and
(ii)the breath analysing instrument was in proper order and was properly operated; and
(iii)the provisions of this Schedule and the regulations with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(7)A certificate purporting to be signed by an authorised person and to certify that an apparatus referred to in the certificate is or was of a kind approved under this Schedule for the purpose of performing alcotests, a drug screening test or an oral fluid analysis is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified.
(8)A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(9)Subject to subclause (21) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.
(10)Subject to subclause (21), a certificate purporting to be signed by an authorised person and to certify that—
(a)a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and
(b)the breath analysing instrument produced a reading specified in the certificate; and
(c)a statement in writing required by subclause (4) was delivered in accordance with that subclause,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(11)A certificate purporting to be signed by an authorised person and to certify—
(a)that on a date and at a time stated in the certificate, a person named in the certificate submitted to a breath analysis; and
(b)that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subclause (5)(a); and
(c)that—
(i)the person did not make a request for an approved blood test kit in accordance with the regulations; or
(ii)at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subclause (5)(b),
is, in the absence of proof to the contrary, proof that the requirements of subclause (5) were complied with in relation to the person.
(12)A prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subclause (5)(b) and the presumption under subclause (1) will apply despite such a deficiency unless it is proved—
(a)that the defendant delivered the kit unopened to a medical practitioner for use in taking a sample of the defendant's blood; and
(b)by evidence of the medical practitioner, that the medical practitioner was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subclause (2).
(13)Subject to subclause (21), an apparently genuine document purporting to be a certificate under this Schedule, or a copy of such a certificate, and purporting to be signed by an authorised person, medical practitioner or analyst under this Schedule is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.
(14)If a certificate of an analyst relating to a sample of blood taken under this Schedule is received in evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken.
(15)If it is proved by the prosecution in the proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under this Schedule, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 2 hours immediately preceding the taking of the sample.
(16)If certificates of an authorised person and analyst, or a medical practitioner and analyst under this Schedule are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood.
(17)If a certificate of an analyst relating to a sample of oral fluid or blood taken under this Schedule is received as evidence in proceedings before a court and states that a drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the drug stated in the certificate was present in the sample when the sample was taken.
(18)If it is proved by the prosecution in proceedings for an offence that a drug was present in the defendant's oral fluid or blood at the time at which a sample of oral fluid or blood was taken under this Schedule, it will be conclusively presumed that the drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample.
(19)A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(20)A certificate—
(a)purporting to be signed by the Regulator or the Commissioner of Police and to certify that a person named in the certificate is authorised by the Regulator or the Commissioner of Police (as the case may be) to conduct oral fluid analyses or drug screening tests; or
(b)purporting to be signed by an authorised person authorised to conduct oral fluid analyses or drug screening tests under clause 5(6) of this Schedule and to certify that the apparatus used to conduct an oral fluid analysis or a drug screening test was in proper order and the oral fluid analysis or drug screening test was properly conducted,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(21)A certificate referred to in subclause (9), subclause (10) or subclause (13) cannot be received as evidence in proceedings for an offence—
(a)unless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or
(b)if the person on whom a copy of the certificate has been served has, not less than 2 days before the commencement of the trial, served written notice on the complainant or informant requiring the attendance at the trial of the person by whom the certificate was signed; or
(c)if the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.
Part 4—Miscellaneous
16—Blood samples may be taken by nurses outside Metropolitan Adelaide
(1)If a person is to provide a sample of blood in accordance with the requirements of this Schedule and the place at which the person attends for that purpose is outside Metropolitan Adelaide, a sample of the person's blood may be taken by a registered nurse instead of a medical practitioner for the purposes of this Schedule.
(2)The provisions of this Schedule and the regulations under this Act apply in relation to the taking of the sample by a registered nurse, and the subsequent dealing with the sample, as if a reference in those provisions to a medical practitioner included a reference to a registered nurse.
(3)This clause does not apply to a sample of blood taken under clause 9 of this Schedule.
17—Protection of medical practitioners etc from liability
(1)No proceedings lie against a medical practitioner or a registered nurse, or a person acting under the supervision or direction of a medical practitioner or registered nurse, in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Schedule.
(2)A medical practitioner must not take a sample of the person's blood under this Schedule if, in his or her opinion, it would be injurious to the medical condition of the person to do so.
(3)A medical practitioner is not obliged to take a sample of a person's blood under this Schedule if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner has informed the person, that unless the objection is made on genuine medical grounds, it may constitute an offence against this Act.
18—Approval of apparatus for the purposes of breath analysis etc
(1)The Governor may, by notice published in the Gazette—
(a)approve apparatus of a specified kind as breath analysing instruments for the purposes of this Schedule; or
(b)approve apparatus of a specified kind for the purpose of conducting alcotests for the purposes of this Schedule; or
(c)approve apparatus of a specified kind for the purpose of conducting oral fluid analyses for the purposes of this Schedule; or
(d)approve apparatus of a specified kind for the purpose of conducting drug screening tests for the purposes of this Schedule; or
(e)declare a kit of a specified kind to be an approved blood test kit for the purposes of this Schedule.
(2)The Governor may, by subsequent notice, vary or revoke any such notice.
(3)An approved blood test kit or an apparatus approved as a breath analysing instrument, or for the purpose of conducting alcotests, oral fluid analyses or drug screening tests under the Road Traffic Act 1961 does not require further approval for the purposes of this Schedule.
19—Oral fluid, blood sample or urine sample or results of analysis etc not to be used for other purposes
A sample of oral fluid, blood or urine taken under this Schedule (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis, blood test or urine test) must not be used for a purpose other than that contemplated by this Act, in connection with the management or control of any work or activity associated with railway operations, or for the purpose of disciplinary proceedings against a rail safety worker.
20—Regulations
Without limiting any other provision, the regulations may make provision for or in relation to any other matter associated with—
(a)the testing of persons under this Act for the presence of alcohol or a drug, the analysis of test results, the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; or
(b)the destruction of a sample of oral fluid, blood, or urine taken under this Act (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis, blood test or urine test).
Schedule 3—Transitional provisions
Part 4—Transitional provisions
5—Interpretation
In this Part—
1996 Act means the Rail Safety Act 1996.
6—Existing accreditations
(1)A rail transport operator who, immediately before the commencement of this clause, holds an accreditation under the 1996 Act will be taken, on that commencement, to hold an accreditation under this Act appropriate to the rail transport operator's circumstances (unless there is no requirement to hold such an accreditation under this Act).
(2)An accreditation under subclause (1)—
(a)will be in a form, and contain such provisions, including provisions which vary from the provisions of the accreditation under the 1996 Act, as the Regulator may determine; and
(b)will be subject to such conditions and restrictions as applied to the accreditation under the 1996 Act, subject to any variations, or new conditions or restrictions, as the Regulator may, by notice in writing to the rail transport operator, determine.
(3)If a person, immediately before the commencement of this clause, holds an accreditation under the 1996 Act but is not, on the commencement of this Act, required to hold an accreditation under this Act with respect to the same operations, the Minister may, in his or her absolute discretion, refund the whole or any part of a fee paid by the person with respect to the accreditation under the 1996 Act.
7—Private sidings
(1)A private siding that, immediately before the commencement of this clause, was registered under the 1996 Act will be taken, on that commencement, to be registered under this Act.
(2)A registration under subclause (1) will be subject to such conditions as applied to the registration under the 1996 Act, subject to any variations, or new conditions, as the Regulator may, by notice in writing to the relevant rail infrastructure manager, determine.
8—Other provisions
(1)The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2)A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3)To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
(4)The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Schedule.
Legislative history
Notes
•This version is comprised of the following:
Part 1 28.7.2011 Part 2 1.1.2010 Part 3 1.1.2010 Part 4 28.7.2011 Part 5 28.7.2011 Part 6 1.1.2010 Part 7 1.1.2010 Part 8 1.1.2010 Part 9 1.7.2010 Schedules 1.7.2010 •Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act
The Rail Safety Act 2007 was repealed by s 25 of the Rail Safety National Law (South Australia) Act 2012 on 20.1.2013.
Legislation repealed by principal Act
The Rail Safety Act 2007 repealed the following:
Rail Safety Act 1996
Legislation amended by principal Act
The Rail Safety Act 2007 amended the following:
Railways (Operations and Access) Act 1997
Principal Act and amendments
Year No Title Assent Commencement 2007 46 Rail Safety Act 2007 8.11.2007 29.9.2008 (Gazette 25.9.2008 p4575) 2009 8 Statutes Amendment (Transport Portfolio—Alcohol and Drugs) Act 2009 12.3.2009 Pt 4 (s 27)—1.2.2010 (Gazette 10.12.2009 p6169) 2009 58 Statutes Amendment (National Industrial Relations System) Act 2009 26.11.2009 Pt 12 (s 40)—1.1.2010 (Gazette 17.12.2009 p6351) 2010 5 Health Practitioner Regulation National Law (South Australia) Act 2010 1.7.2010 Sch 1 (cll 23—25)—1.7.2010 (Gazette 1.7.2010 p3338) 2011 12 Rail Safety (Safety Coordination) Amendment Act 2011 12.5.2011 28.7.2011 (Gazette 21.7.2011 p3117) Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 1.1.2010 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 1.1.2010 s 4 appointed person inserted by 12/2011 s 4(1) 28.7.2011 footpath inserted by 12/2011 s 4(2) 28.7.2011 level crossing inserted by 12/2011 s 4(3) 28.7.2011 medical practitioner substituted by 5/2010 Sch 1 cl 23 1.7.2010 private road inserted by 12/2011 s 4(4) 28.7.2011 rail or road crossing inserted by 12/2011 s 4(5) 28.7.2011 railway crossing substituted by 12/2011 s 4(6) 28.7.2011 registered association amended by 58/2009 s 40 1.1.2010 road infrastructure inserted by 12/2011 s 4(7) 28.7.2011 road manager inserted by 12/2011 s 4(7) 28.7.2011 safety amended by 12/2011 s 4(8) 28.7.2011 shared path inserted by 12/2011 s 4(9) 28.7.2011 Pt 4 s 57 s 57(2) amended by 12/2011 s 5 28.7.2011 s 58 s 58(1) amended by 12/2011 s 6(1) 28.7.2011 s 58(3) amended by 12/2011 s 6(2) 28.7.2011 s 62 substituted by 12/2011 s 7 28.7.2011 ss 62A—62F inserted by 12/2011 s 7 28.7.2011 Pt 5 s 112 s 112(1) and (2) amended by 12/2011 s 8 28.7.2011 Pt 9 s 148 s 148(3) substituted by 5/2010 Sch 1 cl 24 1.7.2010 Sch 2 cl 1 cl 1(1) approved courier inserted by 8/2009 s 27(1) 1.2.2010 registered nurse substituted by 5/2010 Sch 1 cl 25 1.7.2010 cl 1A inserted by 8/2009 s 27(2) 1.2.2010 cl 5 cl 5(10) amended by 8/2009 s 27(3) 1.2.2010 cl 10 amended by 8/2009 s 27(4) 1.2.2010 cl 11 amended by 8/2009 s 27(5) 1.2.2010 Sch 3 Pts 1—3 omitted under Legislation Revision and Publication Act 2002 1.1.2010 Historical versions
1.1.2010 1.2.2010 1.7.2010
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