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…