Rail Safety Act 2008 (NSW)
An Act to make provision with respect to rail safety; to repeal the Rail Safety Act 2002; and for other purposes.
This Act is the Rail Safety Act 2008.
This Act commences on a day or days to be appointed by proclamation.
Having regard to the importance of rail safety and regulatory efficiency, the objects of this Act are as follows:
(a) to provide for improvement of the safe carrying out of railway operations,
(b) to provide for the management of risks associated with railway operations,
(c) to make special provision for the control of particular risks arising from railway operations,
(d) to promote public confidence in the safety of transport of persons or freight by rail.
In 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.
(a) the law of another jurisdiction corresponding, or substantially corresponding, to this Act, or
(b) a law of another jurisdiction that is declared by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
(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 an occurrence or a 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.
(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.
(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.
(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.
(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.
(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.
See section 5 for railways to which this Act does not apply.
(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.
(a) land (including any premises on land) on or in which rail infrastructure or any part of rail infrastructure is situated, or
(b) freight centres or depots used in connection with the carrying out of railway operations, or
(c) workshops or maintenance depots used in connection with the carrying out of railway operations, or
(d) premises, including an office, building or housing used in connection with the carrying out of railway operations, or
(e) rolling stock or other vehicles associated with railway operations.
(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 drainageworks), or
(b) over-track structures and under-track structures (including tunnels under tracks).
(a) two 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.
(a) the Work Health and Safety Act 2011,
(b) the Coal Mine Health and Safety Act 2002,
(c) the Mine Health and Safety Act 2004.
Notes included in this Act do not form part of this Act.
This Act does not apply to the following:
(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, or class of railway, that the regulations prescribe to be a railway to which this Act does not apply.
A duty imposed on a person to ensure 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 minimise those risks so far as is reasonably practicable.
In this Act,
(a) the likelihood of the risk concerned occurring, and
(b) the degree of harm that might result from the risk, and
(c) what the person concerned knows, or ought reasonably to know, about:
(i) the risk, and
(ii) ways of eliminating or minimising the risk, and
(d) the availability and suitability of ways to eliminate or minimise the risk, and
(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
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.
The regulations may exclude a class of work, or work included in a class of work, referred to in subsection (1) from being rail safety work for the purposes of this Act.
A rail transport operator who carries out railway operations must ensure, so far as is reasonably practicable, the safety of the railway operations.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b) in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c) in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—500 penalty units.
Without limiting subsection (1), a rail transport operator contravenes that subsection if the operator fails to do any of the following:
(a) develop or implement, so far as is reasonably practicable, safety systems for the carrying out of the 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 railway operations is of sufficient good health and fitness to carry out that work safely and 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 rail safety operations, and are not on duty, while the prescribed concentration of alcohol is present in their blood or while under the influence of 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 under this Act,
(e) provide, so far as 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.
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 or decommissioning of the manager’s rail infrastructure is done or carried out in a way that ensures, so far as is 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.
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 maintenance, commissioning, use, modification, construction, repair or cleaning of rolling stock is 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 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.
This section applies to a person (other than a rail transport operator) who carries out railway operations in the same way as it applies to a rail transport operator, but does not apply if the person carries out those operations as a rail safety worker or an employee.
A person who designs, commissions, manufactures, supplies, installs or erects any thing that the person knows, or ought reasonably to know, is to be used as or in connection with rail infrastructure or rolling stock must:
(a) ensure, so far as is reasonably practicable, that the thing is safe if it used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected, and
(b) 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
(c) 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 (b), and
(iii) any conditions necessary to ensure, so far as is reasonably practicable, the thing is safe when it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.
Maximum penalty:
(a) in the case of a corporation (being a previous offender)—7,500 penalty units, or
(b) in the case of a corporation (not being a previous offender)—5,000 penalty units, or
(c) in the case of an individual (being a previous offender)—750 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—500 penalty units.
A person who decommissions any rail infrastructure or rolling stock must:
(a) ensure, so far as is reasonably practicable, that the decommission 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) in the case of a corporation (being a previous offender)—1,500 penalty units, or
(b) in the case of a corporation (not being a previous offender)—1,000 penalty units, or
(c) in the case of an individual (being a previous offender)—150 penalty units or imprisonment for 2 years, or both, or
(d) in the case of an individual (not being a previous offender)—100 penalty units.
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.
A rail safety worker, when carrying out rail safety work, must:
(a) take reasonable care for his or her own safety, and
(b) take reasonable care for the safety of people who may be affected by the rail safety worker’s acts or omissions, and
(c) co-operate with the rail transport operator with respect to any action taken by the rail transport operator to comply with a requirement imposed by or under this Act or the regulations.
A rail safety worker, when carrying out rail safety work, must not intentionally or recklessly interfere with or misuse anything provided to them by the rail operator:
(a) in the interests of safety, or
(b) under this Act or the regulations.
A rail safety worker, when carrying out rail safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.
In determining, for the purposes of subsection (1) (a), (b) or (c), whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.
Maximum penalty:
(a) in the case of a previous offender—45 penalty units, or
(b) in any other case—30 penalty units.
The duties and other requirements of this Act and the regulations do not preclude the operation of the work health and safety legislation. Section 175 provides for this and other matters relating to the relationship between this Act and the regulations and the work health and safety legislation.
(Repealed)
A rail transport operator must have a safety management system that complies with this section for railway operations for which the operator is required to be accredited.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
The safety management system must:
(a) be in a form approved by the ITSRR, and
(b) comply with the relevant requirements, and the risk management principles, methods and procedures, prescribed by the regulations, and
(c) identify and assess any risks to safety that have arisen or may arise from the carrying out of railway operations, for which the rail transport operator is required to be accredited, on or in relation to the rail transport operator’s rail infrastructure or rolling stock, and
(d) specify the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks to safety and to monitor safety in relation to those railway operations, and
(e) include procedures for monitoring, reviewing and revising the adequacy of those controls, and
(f) include the following:
(i) measures to manage risks to safety identified under Division 3,
(ii) a security management plan in accordance with section 16,
(iii) an emergency management plan in accordance with section 17,
(iv) a health and fitness management program in accordance with section 18,
(v) a drug and alcohol management program in accordance with section 19,
(vi) a fatigue management program in accordance with section 20.
A rail transport operator, before establishing, reviewing or varying a safety management system for railway operations for which the operator is required to be accredited, 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) trade unions, or other employee organisations, representing any such persons, and
(c) health and safety representatives under the Work Health and Safety Act 2011 who represent persons with whom the rail transport operator is required to consult under this section, and
(d) any other rail transport operator with whom the first-mentioned operator has an interface agreement under Division 3 relating to risks to safety of railway operations carried out by or on behalf of either of them, and
(e) the public, as appropriate.
If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an interface agreement under Division 3 with the first-mentioned rail transport operator, when taken as one system, comply with this section, both safety management systems are taken to comply with this section.
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.
In this Part a reference to a safety management system includes a reference to a plan or program or other matter referred to in subsection (2) (f).
A rail transport operator must implement the rail transport operator’s safety management system.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator’s safety management system for the railway operations for which the operator is required to be accredited.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
It is a reasonable excuse if the rail transport operator:
(a) complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation, or
(b) demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.
Subsection (3) does not limit the excuses that may be reasonable excuses.
A rail transport operator must review the rail transport operator’s safety management system in accordance with the regulations:
(a) at such times or within such periods as are prescribed by the regulations, or
(b) if no times or periods are so prescribed, at least once each calendar year or at such other times or within such other periods as are agreed between the rail transport operator and the ITSRR.
Maximum penalty:
(a) in the case of a corporation—300 penalty units, or
(b) in the case of an individual—150 penalty units.
A rail transport operator must give the ITSRR a safety performance report in respect of each reporting period that:
(a) is in a form approved by the ITSRR, and
(b) complies with the requirements (if any) prescribed by the regulations for the purposes of this section, and
(c) contains the following:
(i) a description and assessment of the safety performance of the rail transport operator’s railway operations,
(ii) comments on any deficiencies in, and any irregularities in, the railway operations that may be relevant to the safety of the railway,
(iii) a description of any safety initiatives in relation to the railway operations undertaken during the reporting period or proposed to be undertaken in the next reporting period,
(iv) any other information or performance indicators prescribed by the regulations for the purpose of this section.
A rail transport operator must submit a report in accordance with this section within 6 months after the end of each reporting period or within such other period as is agreed from time to time by the ITSRR and the rail transport operator.
In this section,
Maximum penalty:
(a) in the case of a corporation—300 penalty units, or
(b) in the case of an individual—150 penalty units.
A rail transport operator must have a security management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a) incorporates measures to protect people from theft, assault, sabotage, terrorism and other criminal acts of other parties and from other harm, and
(b) complies with this Act and the regulations.
It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
A rail transport operator must ensure that the appropriate response measures of the security management plan are implemented without delay if a security incident occurs.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
A rail transport operator must have an emergency management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a) addresses and includes the matters prescribed by the regulations, and
(b) is prepared in conjunction with emergency services, and in accordance with the regulations, and
(c) is tested, and kept and maintained, in accordance with the regulations.
It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
The rail transport operator must provide a copy of the emergency management plan to the emergency services and any other person prescribed by the regulations.
Maximum penalty: 25 penalty units.
A rail transport operator must ensure that the appropriate response measures of the emergency management plan are implemented if an emergency occurs.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
In this section,
A rail transport operator must have a health and fitness management program for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to health and fitness management programs.
It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
A rail transport operator must have a drug and alcohol management program for rail safety workers who carry out, or are about to carry out, rail safety work in connection with railway operations for which the operator is required to be accredited.
The drug and alcohol management program is to include any matters required to be included by the regulations.
Without limiting subsections (1) and (2), the regulations are to include requirements with respect to the following:
(a) protocols for fair procedures,
(b) education and assistance of rail safety workers.
The ITSRR may at any time arrange with a rail transport operator for the random testing of any person on duty for the purpose of carrying out, or who is about to carry out, rail safety work for the presence of alcohol or any other drug to ensure that the operator is complying with this section.
Schedule 1 has effect.
For the purposes of this section, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker:
(a) has left home or a temporary residence for work (being rail safety work), and
(b) has not commenced work after having so left home or the temporary residence.
It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
A rail transport operator must have a program for the management of fatigue for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to fatigue management.
It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
A rail transport operator must, in accordance with Schedule 2, provide conditions of work for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
The regulations may exempt (either unconditionally or subject to conditions) a rail transport operator from an obligation under subsection (2), see section 174 (3)).
A rail transport operator must, so far as is reasonably practicable, ensure that each rail safety worker who is to carry out rail safety work in connection with railway operations for which the operator is required to be accredited has the competence to carry out that work.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
For the purposes of subsection (1), the competence of a rail safety worker to carry out rail safety work must be assessed:
(a) by reference to:
(i) any qualification or unit of competence applicable to the work being carried out that is recognised under the Australian Qualifications Framework overseen by the Ministerial Council on Education, Employment, Training and Youth Affairs, or
(ii) if subparagraph (i) does not apply, the prescribed provisions applicable to the rail safety work to be carried out, and
(b) by reference to the knowledge and skills of the rail safety worker that are needed to enable the worker to carry out the rail safety work safely.
For the purposes of subsection (2), a certificate purporting to have been issued under the Australian Qualifications Framework to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence.
Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work.
A rail transport operator must maintain records in accordance with the regulations of the competence of rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty (subsection (5)): 25 penalty units.
A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the rail transport operator’s railway operations has a form of identification that is sufficient to enable the type of competence and training of the rail safety worker for that rail safety work to be checked by a rail safety officer.
A rail safety worker who is carrying out rail safety work must, when requested by a rail safety officer to do so, produce the identification provided in accordance with subsection (1) to the rail safety officer.
Maximum penalty: 25 penalty units.
A person, not being an employee employed to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator must comply with the safety management system of the rail transport operator to the extent that it applies to those railway operations.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
The ITSRR 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.
A direction under this section must state the reasons why the ITSRR considers it is necessary for the rail transport operator to amend the safety management system.
The rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty: 500 penalty units.
In this Division:
(a) implementing and maintaining measures to manage those risks, and
(b) the evaluation, testing and, if 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 reviewing and revising the agreement.
(a) a railway crossing, or
(b) a bridge carrying a road over a railway, or
(c) a bridge carrying a railway over a road.
(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.
Words and expression used in this Division have the same meanings as they have in the Roads Act 1993 and the Road Rules 2008.
A rail transport operator:
(a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of the operator and that may be caused wholly or partly by railway operations carried out by or on behalf of any other rail transport operator, and
(b) must determine measures to manage, so far as is reasonably practicable, those risks, and
(c) must, for the purpose of managing those risks, seek to enter into an interface agreement with the other rail transport operator or rail transport operators.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
Except to the extent provided by the regulations, subsection (1) (c) does not apply if none of the rail transport operators is a rail infrastructure manager.
A rail infrastructure manager:
(a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a public road or any road work of a public road, and
(b) must determine measures to manage, so far as is reasonably practicable, those risks, and
(c) must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority for the road.
A rail infrastructure manager:
(a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager’s rail infrastructure and that may so arise wholly or partly because of the existence or use of any rail or road crossing that is part of a road (other than a public road) or any road work of any such road, and
(b) must consider whether it is necessary to manage those risks in conjunction with the roads authority for the road.
If the rail infrastructure manager is of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager:
(a) must give written notice of that opinion to the roads authority and must determine measures to manage, so far as is reasonably practicable, those risks, and
(b) must, for the purpose of managing those risks, seek to enter into an interface agreement with the roads authority in relation to the road or road work.
If the rail infrastructure manager is not of the opinion that it is necessary that those risks be managed in conjunction with the roads authority, the manager must keep a written record of that opinion.
A roads authority for a public road:
(a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations carried out on or in relation to any rail infrastructure, and
(b) must determine measures to manage, so far as is reasonably practicable, those risks, and
(c) must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
A roads authority that is given a notice under section 28 (2):
(a) must identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road or any road work of the road wholly or partly because of railway operations, and
(b) must determine measures to manage, so far as is reasonably practicable, those risks, and
(c) must, for the purpose of managing those risks, seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.
Nothing in this section authorises or requires a roads authority to act inconsistently with, or without regard to, the functions conferred on it by or under any other Act.
Nothing in this Division affects the operation of the Civil Liability Act 2002 with respect to roads authorities.
A rail transport operator, rail infrastructure manager or roads authority that is required under this Division to identify and assess risks to safety that may arise from operations carried out by another person may do so:
(a) by itself identifying and assessing those risks, or
(b) by identifying and assessing those risks jointly with the other person, or
(c) by adopting the identification and assessment of those risks carried out by the other person.
An interface agreement:
(a) may be entered into by 2 or more rail transport operators or by one or more rail transport operators and one or more roads authorities, and
(b) may include measures to manage any number of risks to safety that may arise because of, or partly because of, any railway operations, and
(c) may include measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road or road work, and
(d) may make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document, and
(e) may consist of 2 or more documents.
The ITSRR may appoint a person (the
The ITSRR may only appoint a person under this section if the person is not associated with any rail transport operator, rail infrastructure manager or roads authority subject to the proposed interface arrangements.
An appointed person may exercise functions under this section if the person is satisfied that a rail transport operator, rail infrastructure manager or roads authority:
(a) is unreasonably refusing or failing to enter into an interface agreement with another person as required by this Division, or
(b) is unreasonably delaying the negotiation of such an agreement.
The appointed person may issue a written notice to the rail transport operator, rail infrastructure manager or roads authority and the other person that:
(a) warns of the appointed person’s powers under this section, including the power to issue a direction under this section after a specified date, and
(b) includes a copy of this section, and
(c) may contain suggested terms for inclusion in an interface agreement.
An appointed person who issues a notice under this section may also, in writing, request the rail transport operator, rail infrastructure manager or roads authority concerned to provide such information as the appointed person reasonably requires for the purposes of making a direction under this section.
If an interface agreement is not entered into by or on the date specified in a notice under this section, the appointed person:
(a) may determine the arrangements that are to apply in relation to the management of the applicable risks to safety referred to in this Division, and
(b) may direct either or both persons to whom the notice is issued to give effect to those arrangements, and
(c) must specify the date by which the direction must be complied with.
A direction:
(a) must be in writing, and
(b) must set out any arrangements determined by the appointed person under subsection (6).
A person to whom a direction is given under this section must comply with the direction.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
A rail transport operator must maintain a register of the following that are applicable to the operator’s railway operations:
(a) interface agreements to which it is a party,
(b) arrangements determined by an appointed person under this Division.
A roads authority must maintain a register of the following that are applicable to the roads or road works for which it is a roads authority:
(a) interface agreements to which it is a party,
(b) arrangements determined by an appointed person under this Division.
Maximum penalty:
(a) in the case of a corporation—3,000 penalty units, or
(b) in the case of an individual—300 penalty units.
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 ITSRR the competence and capacity to manage risks to safety associated with those railway operations.
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) carries out those operations, or causes or permits 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) in the case of a corporation—5,000 penalty units, or
(b) in the case of an individual—500 penalty units.
If a body corporate and related bodies corporate are involved, an exemption may be given so that only one of the bodies need be accredited (related body corporate means related by virtue of section 50 of the Corporations Act 2001 of the Commonwealth).
Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, who carries out rail safety work for or on behalf of a rail transport operator or other person who:
(a) is accredited under this Part in relation to that rail safety work, or
(b) is exempt under this Act from compliance with this section in relation to that rail safety work.
An accreditation may be granted to a rail transport operator for any one or more of the following purposes:
(a) for the carrying out of railway operations for the part or parts of a railway specified in the notice of accreditation, or for a part or parts having the scope or characteristics so specified,
(b) for any service or aspect, or part of a service or aspect, of railway operations specified in the notice of accreditation,
(c) for specified railway operations to permit any one 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 ITSRR and designated in the notice of accreditation.
If the applicant so requests, accreditation may be granted for a specified period only.
An accredited person must not:
(a) fail to comply with a condition or restriction of the person’s accreditation, or
(b) cause or permit another person to fail to comply with a condition or restriction of the accredited person’s accreditation.
An accredited person must not carry out or cause or permit the carrying out of a railway operation that is not authorised by an accreditation or in a manner that is not authorised by an accreditation.
Maximum penalty:
(a) in the case of a corporation—5,000 penalty units, or
(b) in the case of an individual—500 penalty units.
A rail transport operator may apply to the ITSRR for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by, or on behalf of, that operator.
An application must be made in the manner and form approved by the ITSRR 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 information prescribed by the regulations, and
(e) must be accompanied by the application fee prescribed by the regulations.
The ITSRR may require a rail transport operator who has applied for accreditation:
(a) to supply further information requested by the ITSRR, and
(b) to verify by statutory declaration any information supplied to the ITSRR.
The ITSRR must not grant accreditation to an applicant unless satisfied, having regard to the guidelines (if any) applicable to this section, that the applicant has demonstrated the following:
(a) that the applicant is or is to be a rail infrastructure manager or rolling stock operator, or both, in relation to the railway operations for which accreditation is sought,
(b) that the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought,
(c) that the applicant has the competence and capacity to implement the proposed safety management system,
(d) that the applicant has met the consultation requirements of this Act in relation to the applicant’s safety management system,
(e) that the applicant has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations,
(f) that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.
If the ITSRR:
(a) receives applications from 2 or more rail transport operators for accreditation, and
(b) believes that co-ordinated preparation of the applications is necessary to ensure that the railway operations of the applicants are carried out safely,
the ITSRR may give a direction in writing to the rail transport operators to co-ordinate their applications.
A direction under this section may require each rail transport operator that is the subject of the direction to provide to each other rail transport operator that 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 railway operations by another rail transport operator that is the subject of the direction.
A rail transport operator that is given a direction under subsection (1) must comply with the direction.
A rail transport operator that has co-ordinated 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: 100 penalty units.
This section applies if the ITSRR 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 one or more other jurisdictions (whether or not contiguous with this jurisdiction).
The ITSRR 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.
The ITSRR, in complying with subsection (2), must take into account the guidelines (if any) applicable to this section.
If the ITSRR does not, in relation to an application, act consistently with the provisions of the guidelines, the ITSRR must give the applicant reasons for not so acting.
The ITSRR may grant accreditation to a person who is accredited under a corresponding law of one or more other jurisdictions, without requiring the person to comply with any or all of the requirements of this Division, if the ITSRR is satisfied that:
(a) the requirements for that accreditation are of a satisfactory standard in relation to the safe carrying out of railway operations, and
(b) the carrying out of railway operations is likely to achieve a level of safety that, in the opinion of the ITSRR, is appropriate for the railway operations concerned.
The ITSRR must, within the relevant period after an application for accreditation is made:
(a) if the ITSRR is satisfied as to the matters referred to in section 39 and, if applicable, section 40, grant accreditation to the applicant with or without any conditions or restrictions, or
(b) if the ITSRR is not so satisfied, refuse the application.
A notice granting accreditation must be in writing in the approved form and must specify:
(a) the prescribed details of the applicant, and
(b) the scope and nature of the railway operations in respect of which the accreditation is granted, and
(c) any conditions and restrictions imposed by the ITSRR on the grant of accreditation, and
(d) any other information prescribed by the regulations.
A notice refusing an application for accreditation, or imposing a condition or restriction on an accreditation, must include:
(a) the reasons for the decision to refuse to grant the application or impose the condition or restriction, and
(b) information about the right of review under section 157.
A notice under subsection (5) (c) extending a period must include information about the right of review under section 157.
In this section,
(a) 6 months after the application was received by the ITSRR, or
(b) if the ITSRR requested further information, 6 months, or such other period, as is agreed between the ITSRR and the applicant, after the ITSRR receives the last information so requested, or
(c) if the ITSRR, 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.
Accreditation granted to a person 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 grant of accreditation.
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.
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.
This section has effect despite anything in any Act or any rule of law to the contrary.
If an accredited person proposes to sell or otherwise transfer any railway operations for which the person is accredited, the ITSRR may, on an application for accreditation under this Part being made by the proposed transferee, waive compliance by the proposed transferee with any one or more of the requirements of this Division.
The ITSRR is not to waive compliance with any such requirements unless the proposed transferee demonstrates, to the satisfaction of the ITSRR, 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.
A waiver of compliance with requirements may be given subject to such conditions and restrictions (if any) as appear to the ITSRR to be necessary.
In this section:
An accredited person must pay the annual accreditation fee prescribed by the regulations.
The regulations may prescribe different fees for different classes of accredited persons or kinds of accreditation.
The ITSRR may accept payment of an annual accreditation fee due and payable by a person in accordance with an agreement made with the person (for example, relating to the payment of fees by instalments).
The regulations may impose additional fees for payment of accreditation fees after the due date for payment.
A fee for late payment of accreditation fees may be, but is not required to be, calculated on a daily basis.
The ITSRR may waive, or refund, the whole or part of any fee payable under this Part.
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 ITSRR, 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 principal office in this State during ordinary business hours, or
(e) if the operator is not a body corporate, at the operator’s principal place of business or, if the ITSRR approves another place and time, at that place and time.
Maximum penalty: 25 penalty units.
An accredited person may, in accordance with the regulations, surrender the person’s accreditation.
The ITSRR may take action under this section in respect of an accredited person if:
(a) the ITSRR considers that the person is no longer able to demonstrate to the satisfaction of the ITSRR the matters referred to in section 39 or to comply with the conditions or restrictions of accreditation, or
(b) the ITSRR considers that the person is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the person’s accreditation relates and has not done so for the preceding 12 months, or
(c) the accredited person contravenes this Act or the regulations.
The ITSRR may take any of the following actions:
(a) suspend the accreditation (wholly or in part) for a period determined by the ITSRR,
(b) revoke the accreditation (wholly or in part) with immediate effect or with effect from a specified date,
(c) impose conditions or restrictions on the accreditation,
(d) vary the conditions or restrictions of the accreditation,
(e) if the accreditation is revoked, declare that the person is disqualified from applying for accreditation, or for accreditation in relation to specified railway operations, during a specified period.
Before making a decision to take action under subsection (2), the ITSRR must notify the accredited person in writing that:
(a) the ITSRR is considering making a decision of the kind specified in the notice, for the reasons specified in the notice, and
(b) the person may, within 28 days or any longer period that is specified in the notice, make written representations to the ITSRR showing cause why the decision should not be made.
The ITSRR must, before taking action under subsection (2), consider any written representations made within the period specified in the notice and not withdrawn.
The ITSRR must include in any notice of suspension or revocation of the accreditation of an accredited person the reasons for the suspension or revocation and information about the right of review under section 157.
If the ITSRR suspends or revokes the accreditation of a person who is accredited in another jurisdiction, the ITSRR must give notice of the suspension or revocation to the relevant corresponding Rail Safety Regulator.
The ITSRR may withdraw suspension of the accreditation of a person by written notice given to the person.
If the ITSRR considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the ITSRR may, by written notice given to an accredited person, immediately suspend the accreditation of the person:
(a) wholly or in part, and
(b) for a specified period, not exceeding 6 weeks.
The ITSRR 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 this section but not so that the suspension continues for more than 6 weeks after the date of the notice under subsection (1).
The ITSRR may withdraw a suspension of the accreditation of a person by written notice given to the person.
Before making a decision to extend a period of suspension, the ITSRR must notify the person in writing that:
(a) the ITSRR is considering extending the period of suspension for the reasons specified in the notification, and
(b) the person may, within 7 days or any longer period that is specified in the notice, make written representations to the ITSRR showing cause why the decision should not be made.
The ITSRR must, before taking action under subsection (2), consider any written representations made within the period specified in the notice and not withdrawn.
The ITSRR must include in the notice extending the suspension the reasons for the extension and information about the right of review under section 157.
Section 53 does not apply to the taking of action under this section.
An accredited person may apply to the ITSRR for a variation of the person’s accreditation.
An application for variation must be made in the approved manner and approved form and:
(a) must specify the details of the variation being sought, and
(b) must contain the information prescribed by the regulations, and
(c) must be accompanied by the prescribed application fee (if any).
The ITSRR may require an accredited person who has applied for a variation:
(a) to supply further information requested by the ITSRR, and
(b) to verify by statutory declaration any information supplied to the ITSRR.
Sections 39 and 40 apply to an application for variation of an accreditation as if a reference in those sections to accreditation were a reference to variation of accreditation.
The ITSRR must, within the relevant period after an application for variation of an accreditation is made:
(a) if the ITSRR is satisfied as to the matters referred to in sections 39 and 40, so far as they are applicable to the proposed variation, vary the accreditation, with or without any conditions or restrictions, or
(b) if the ITSRR is not so satisfied, refuse the application.
A notice varying an accreditation must be in writing in the approved form and must specify:
(a) the prescribed details of the applicant, and
(b) the variation to the accreditation so far as it applies to the scope and nature of the railway operations, and
(c) any conditions and restrictions imposed by the ITSRR on the accreditation as varied, and
(d) any other information prescribed by the regulations.
A notice refusing an application, or imposing a condition or restriction, must include:
(a) the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction, and
(b) information about the right of review under section 157.
A notice under subsection (5) extending a period, must include information about the right of review under section 157.
In this section,
(a) 6 months after the application was received by the ITSRR, or
(b) if the ITSRR requested further information, 6 months, or such other period, as is agreed between the ITSRR and the applicant, after the ITSRR receives the last information so requested, or
(c) if the ITSRR, 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.
An accredited person may apply to the ITSRR for a variation of any condition or restriction to which the accreditation is subject and that was imposed by the ITSRR.
An application for variation of a condition or restriction must be made as if it were an application for variation of an accreditation and section 55 applies accordingly.
The ITSRR must consider the application and may, if satisfied as to the matters referred to in sections 39 and 40 so far as they are applicable to the proposed variation, by notice given to the accredited person and in accordance with the provisions of this Part applicable to a grant of accreditation, grant or refuse to grant the variation.
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 section 157.
The ITSRR may, at any time and at the discretion of the ITSRR, vary or revoke a condition or restriction imposed by the ITSRR to which the accreditation of an accredited person is subject or impose a new condition or restriction.
Before making a decision to take action under this section, the ITSRR must:
(a) notify the person in writing that the ITSRR proposes to take the action specified in the notice, and
(b) notify the person in writing that the person may, within 14 days (or any other period that the ITSRR and the person agree on), make written representations to the ITSRR about the intended action, and
(c) consider any representations made under paragraph (b) and not withdrawn.
The ITSRR is not required to give notice under subsection (2) if the ITSRR considers it necessary to take immediate action in the interests of safety.
The ITSRR must:
(a) give notice in writing to an accredited person of any action taken under subsection (1), and
(b) include in any such notice a statement of reasons for any such action and that the person has a right of review of the decision under section 157.
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.
A rail infrastructure manager of a private siding is not required to be accredited under this Act, or to comply with Division 2 or 3 of Part 2 or Division 1 of Part 4, in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.
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 of an accredited person or a siding, the rail infrastructure manager must:
(a) register the private siding with the ITSRR and pay the annual fee (if any) prescribed by the regulations, and
(b) comply with conditions imposed by the ITSRR (from time to time) or prescribed by the regulations with respect to the safe construction, maintenance and operation of the private siding, and
(c) comply with the provisions of Division 3 of Part 2 in relation to the management of any interface with a railway of an accredited person, and
(d) notify the accredited person or operator of the siding in writing of any railway operations affecting or relating to the safety of the railway or other siding.
Maximum penalty:
(a) in the case of a corporation—5,000 penalty units, or
(b) in the case of an individual—500 penalty units.
A condition imposed or prescribed under subsection (2) (b) may require a rail infrastructure manager to comply with a provision of Division 2 or 3 of Part 2 or Division 1 of Part 4.
The ITSRR may, on application by a rail infrastructure manager of a private siding or other interested person, and on payment of the fee (if any) prescribed by the regulations, register the private siding and issue a registration notice to the rail infrastructure manager or person.
The ITSRR is to keep a register of private sidings registered under this section and must, if the regulations so provide, make the register available for public inspection at the places prescribed by the regulations.
The ITSRR may, by notice in writing given to a rail transport operator, require the operator to provide to the ITSRR on or before a specified date and in a manner and form approved by the ITSRR, any or all of the following:
(a) information concerning measures taken by the rail transport operator to promote rail safety,
(b) information relating to the financial capacity or insurance arrangements of the rail transport operator, to rail safety or to the accreditation of the rail transport operator that the ITSRR reasonably requires.
A rail transport operator must comply with a notice given to the operator under subsection (1).
Maximum penalty:
(a) in the case of a corporation—500 penalty units, or
(b) in the case of an individual—250 penalty units.
A rail transport operator must provide to the ITSRR, in a manner and form approved by the ITSRR and at the prescribed times and in respect of the prescribed periods, information prescribed by the regulations for the purposes of this subsection relating to rail safety or accreditation.
Maximum penalty:
(a) in the case of a corporation—500 penalty units, or
(b) in the case of an individual—250 penalty units.
The ITSRR must, in each year, provide to the Minister an industry safety report relating to the carrying out of railway operations by accredited persons.
Without limiting subsection (1), a report under that subsection must include the following:
(a) information on the development of rail safety, including on aggregated statistics of a prescribed class (if any) reported to the ITSRR under a rail safety law, in respect of that year,
(b) information on any improvements and important changes in relation to rail safety.
The ITSRR must also report on the matters prescribed by the regulations for the purposes of this section and may report on such other matters as the ITSRR thinks fit.
A report under this section may be included in the annual report of the ITSRR under the Annual Reports (Statutory Bodies) Act 1984.
A rail transport operator must report to the ITSRR or another authority specified by the ITSRR within the time, and in the manner, prescribed by the regulations, all notifiable occurrences that happen on, or in relation to, the rail transport operator’s railway premises or railway operations.
Maximum penalty: 750 penalty units.
Two or more rail transport operators may make a joint report with respect to a notifiable occurrence affecting them.
In addition to the matters specified in subsection (1), the ITSRR may, by notice in writing, require a rail transport operator to report to the ITSRR or another authority specified by the ITSRR any other occurrence or type of occurrence that endangers or could endanger the safe operation of any railway operations.
A rail transport operator must comply with a notice served under subsection (3).
Maximum penalty: 500 penalty units.
The ITSRR may require information in a report under this section to be verified by statutory declaration.
The Chief Investigator may establish a system for the voluntary reporting by rail safety workers of matters that may affect the safe carrying out of railway operations.
The Chief Investigator must not disclose to any other person, or to any court, any information that may identify a rail safety worker who provides information under any such voluntary reporting system unless:
(a) the worker consents to the disclosure, or
(b) the Chief Investigator or a court is of the opinion that it is necessary in the public interest that the information be disclosed.
Nothing in this section prevents the Chief Investigator from disclosing information obtained under this section to the Chief Executive or any member of staff of the ITSRR.
Regulations may be made for or with respect to the following matters:
(a) the form and manner in which reports may be made,
(b) the manner in which reports are to be dealt with and the purposes for which information reported under this section may be used,
(c) other requirements for a system established under this section.
Under section 210 of the Industrial Relations Act 1996, it is an offence to victimise an employee because the employee informs about, or gives evidence in relation to, a notifiable occurrence or the safety or reliability of railway operations. Section 213 of that Act sets out the remedies available to an employee in those circumstances. Also, section 104 of the Work Health and Safety Act 2011 protects an employee who makes a complaint about workplace safety or risks to health.
The Chief Investigator may, by written notice to a rail transport operator, require the rail transport operator to investigate, and report to the Chief Investigator on:
(a) any notifiable occurrence, or any other railway accident or incident that has endangered or that may endanger the safety of the railway operations carried out by the rail transport operator, or
(b) any matter that may be prescribed by the regulations.
The level of investigation of a matter referred to in subsection (1) (a) must be determined by the severity and potential consequences of the notifiable occurrence, accident or incident as well as by other similar occurrences, accidents or incidents and its focus should be to determine the cause and contributing factors, rather than to apportion blame.
The rail transport operator must ensure that the investigation is conducted in a manner approved and within the period specified by the Chief Investigator.
Maximum penalty: 750 penalty units.
A rail transport operator who has carried out an investigation under this section must report to the Chief Investigator on the investigation within the period specified by the Chief Investigator and must provide a copy of the report to the ITSRR.
Maximum penalty: 100 penalty units.
A rail transport operator must, if required to do so by the Chief Investigator, review and resubmit a report prepared under this section.
Maximum penalty: 100 penalty units.
The Chief Investigator must, on the 15th day of each month, forward to the Minister a list of any reports provided to the Chief Investigator under this section in the preceding month.
In this section and section 66:
Information that the Chief Investigator or ITSRR obtains by way of a report under section 65 cannot be used in evidence in any criminal or civil proceedings against the rail transport operator that provided the report.
However, the information may be relied on in any administrative action under this or any other Act if the action is taken for the purpose of the safe carrying out of railway operations.
Despite subsection (1), a court may direct, if it is of the opinion that it is in the public interest to do so, that information referred to in subsection (1) may be used in evidence in particular criminal or civil proceedings against the rail transport operator, subject to the rules of evidence.
(f) in accordance with the regulations.
Maximum penalty: 20 penalty units.
Nothing in this section prevents information being used to enable an Australian Rail Safety Regulator to accumulate aggregate data and to enable the Australian Rail Safety Regulator to authorise use of the aggregate data for the purposes of research or education.
Nothing in Part 2 is to be construed:
(a) as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provisions of that Part, or
(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.
Subsection (1) does not affect the extent (if any) to which a breach of duty imposed by the regulations is actionable.
No matter or thing done, or omitted to be done, by the Minister, the ITSRR, the Chief Investigator, a member of, or an assessor for, a Board of Inquiry, an officer of the ITSRR, a rail safety officer or a person acting under the direction of the Minister, the ITSRR, the Chief Investigator, a member or any such officer subjects the Minister, the ITSRR, the Chief Investigator, a member, an assessor or any such officer or person personally to any action, liability, claim or demand if the matter or thing was done, or omitted to be done, in good faith for the purposes of this or any other Act.
No act or omission of the Minister, the ITSRR, the Chief Investigator, a member of, or an assessor for, a Board of Inquiry, a rail safety officer or an officer of the ITSRR in the course of exercising functions (or failing to exercise functions) under this Act gives rise to any civil liability (including, for example, liability in negligence or for breach of statutory duty) against the State or any authority of the State.
No action may be taken against a person to whom this section applies who, in good faith, reports to:
(a) the ITSRR, or
(b) a rail transport operator, or
(c) any other person to whom this section applies who is employed or engaged by the ITSRR or a rail transport operator,
any information which discloses that a person is unfit to carry out rail safety work or certain types of rail safety work or that it may be dangerous to allow that person to carry out rail safety work or certain types of rail safety work.
No action may be taken against a person to whom this section applies who, in good faith, reports:
(a) the results of a test or examination carried out under this Act or the regulations, or
(b) an opinion formed by that person as a result of conducting such a test or examination,
to a person referred to in subsection (1) (a), (b) or (c).
This section applies to the following persons:
(a) a registered medical practitioner,
(b) a registered optometrist,
(c) a registered physiotherapist.
For the purpose of providing practical guidance to persons who have duties or obligations under this Act or the regulations:
(a) the Minister may make an order approving a compliance code, and
(b) the ITSRR may make an order approving guidelines.
The Minister may make an order approving the variation of a compliance code or revoking the approval of a compliance code.
The ITSRR may make an order approving the variation of a guideline or revoking the approval of a guideline.
An order approving a compliance code or guidelines, or a variation or revocation order, takes effect when notice of it is published in the Gazette or on such later date as is specified in the order.
As soon as practicable after making an order approving a compliance code or guidelines, or a variation or revocation order, the Minister or ITSRR must ensure that notice of the making of the order is published in the Gazette.
The ITSRR must ensure that a copy of:
(a) each compliance code that is currently approved, and
(b) guidelines that are currently approved,
is or are available for inspection by members of the public without charge at the office of the ITSRR during normal business hours.
Sections 40 and 41 of the Interpretation Act 1987 apply to compliance codes in the same way that they apply to statutory rules.
For guidelines under this Act, see Gazettes No 160 of 24.12.2008, p 13150 and No 140 of 24.12.2010, pp 6260, 6261.
In any proceedings for an offence against this Act or the regulations:
(a) a compliance code that is relevant to any matter which it is necessary for the prosecution to prove to establish the commission of the offence by a person is admissible in evidence in those proceedings, and
(b) the person’s failure at any material time to observe the code is evidence of the matter to be established in those proceedings.
A person is not liable to any civil or criminal proceedings by reason only that the person has failed to observe a compliance code.
The ITSRR may recover from a rail transport operator the reasonable costs of the entry and audit of railway infrastructure, rolling stock or railway premises in respect of which the person is accredited, other than the costs of an audit of an accredited person under section 84.
Any fees, charges or other money payable under this Act or the regulations may be recovered by the ITSRR as a debt in any court of competent jurisdiction.
A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have effect.
A document that is authorised or required by this Act or the regulations to be served on any person may be served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii) sending it by facsimile transmission to the facsimile number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile number of the body corporate.
Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for or with respect to the following:
(a) fees for the purposes of this Act or the regulations and the refund or waiver of such fees,
(b) the safe operation and maintenance of historic or preserved rolling stock,
(c) the safe construction, operation and maintenance of sidings (including private sidings),
(d) the functions, training, health and fitness of rail safety workers,
(e) tampering with, or damaging, railways,
(f) the unauthorised use of railways and rolling stock,
(g) the opening and closing of railway gates,
(h) the regulation of vehicles, animals and pedestrians crossing railway tracks,
(i) the regulation of railway crossings,
(j) the loading and unloading of freight on railways,
(k) the publication of statistics relating to rail safety,
(l) the management of fatigue, including safe hours of work and periods between work for rail safety workers,
(m) rules relating to railway network operations and operations of specified operators and the making of any such rules,
(n) standards for railway operations, including standards for rolling stock, network control systems and other infrastructure of a railway,
(o) requirements for registers of information to be kept by operators of railways under this Act including, but not limited to, the information that is to be held on the register and access to the register,
(p) train safety recordings,
(q) conditions of, or restrictions on, accreditation.
The regulations may exempt, or provide for the exemption of, either absolutely or subject to conditions, any person, class of persons, siding, railway, part of a railway or railway operation from all or any of the provisions of this Act or the regulations.
The regulations may apply, adopt or incorporate any publication as in force at a particular time or from time to time.
In the event of an inconsistency between a by-law or regulation made, or taken to be made, under the Transport Administration Act 1988 and a regulation made under this Act, the regulation made under this Act prevails to the extent of the inconsistency.
A regulation made under this Act does not limit the operation of a by-law or regulation made, or taken to be made, under the Transport Administration Act 1988 so far as it can operate concurrently with a regulation made under this Act.
The regulations may create offences punishable by a penalty not exceeding 250 penalty units.
If a provision of the work 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.
If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the work health and safety legislation, the provision of the work health and safety legislation prevails to the extent of any inconsistency.
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 work health and safety legislation.
For example, a person may be guilty of an offence under the work health and safety legislation in respect of any act or omission that is expressly required or permitted to be done or omitted by or under this Act or the regulations made under this Act.
Where an act or omission constitutes an offence under this Act or the regulations made under this Act and:
(a) under the work health and safety legislation, or
(b) under the Road and Rail Transport (Dangerous Goods) Act 1997,
the offender is not liable to be punished twice in respect of the offence.
The Rail Safety Act 2002 is repealed.
Schedule 3 has effect.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Section 19 (5))
This Schedule applies to the testing of rail safety workers for the presence of alcohol or drugs.
The regulations may make provision for or with respect to the following:
(a) the authorisation of persons (including rail safety officers):
(i) to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or drugs, and
(ii) to operate equipment for that purpose,
(b) the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of rail safety workers when about to carry out, or while on duty for the purpose of carrying out, rail safety work,
(c) the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids,
(d) the taking of samples of blood or urine or other body fluids or tissues,
(e) the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,
(f) the accreditation of persons conducting analyses for the presence of drugs,
(g) the procedure for the handling and analysis of samples of blood or urine or other body tissues or fluids,
(h) offences relating to the carrying out of rail safety work while under the influence of alcohol or any other drug,
(i) offences relating to the carrying out of rail safety work while the prescribed concentration of alcohol is present in the rail safety worker’s breath or blood,
(j) offences relating to the carrying out of rail safety work while a drug (other than alcohol), or a prescribed concentration or amount of any such drug, is present in the rail safety worker’s blood or urine or other body tissues or fluids,
(k) offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results,
(l) offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures,
(m) evidence in proceedings as to matters relating to drug and alcohol testing,
(n) without limiting paragraph (m), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences,
(o) confidentiality of test results,
(p) protection against liability for persons administering tests or taking samples of blood or urine or other body tissues or fluids,
(q) disciplinary action that may be taken consequent on a breach of regulations made under this clause.
An offence under a regulation made under this clause relating to the carrying out of rail safety work by a rail safety worker while under the influence of alcohol or any other drug or while the prescribed concentration of alcohol or prescribed concentration or amount of another drug is present in the rail safety worker’s breath or blood or urine, a refusal or failure by a rail safety worker to undergo tests or otherwise comply with test procedures or an interference by a rail safety worker with test results, may, in addition to the penalty provided for by section 174 for offences under the regulations, be punishable by a period of imprisonment not exceeding 9 months.
Subject to the regulations, section 8B (Measurement of alcohol concentrations) of the Road Transport (Safety and Traffic Management) Act 1999 applies in relation to the measurement of the concentration of alcohol in a person’s breath or blood for the purposes of the regulations in the same way as it applies for the purposes of Part 2 of that Act.
(Section 20 (2))
For the purposes of this Schedule, the length of a shift worked or to be worked by a rail safety worker includes all time between the signing on time and the signing off time of a shift.
For the purposes of this Schedule, a shift that exceeds 11 hours but is less than 12 hours is taken to be a 12 hour shift.
The following conditions of work apply to rail safety workers who drive freight trains:
(a) In the case of a 2 person operation (where the second person is a qualified train driver, including a qualified train driver who is learning the route or undergoing an assessment), the maximum shift length to be worked is 12 hours.
(b) In the case of any other 2 person operation, the maximum shift length to be worked is 11 hours.
(c) In the case of a one person operation, the maximum shift length to be worked is 9 hours.
(d) In the case of a one person operation, there is to be a minimum break of not less than 30 minutes taken at some time between the third and fifth hour of each shift.
(e) There is to be a break of at least 11 continuous hours between each shift worked by a rail safety worker where the worker ends a shift at the home depot.
(f) There is to be a break of at least 7 continuous hours between each shift worked by a rail safety worker where the worker ends a shift away from the home depot and the break is taken away from the home depot.
(g) A maximum number of 12 shifts is to be worked in any 14-day period but a maximum number of 6 shifts of 12 hours is to be worked in any 14-day period.
The following conditions of work apply to rail safety workers who drive passenger trains in a one person operation:
(a) The maximum shift length to be worked is 10 hours for the driver of an interurban or long distance passenger train or 9 hours for the driver of a suburban train.
(b) There is to be a break of at least 11 continuous hours between each shift worked by a rail safety worker where the worker ends a shift at the home depot.
(c) There is to be a break of at least 7 continuous hours between each shift worked by a rail safety worker where the worker ends a shift away from the home depot and the break is taken away from the home depot.
(d) A maximum number of 12 shifts is to be worked in any 14-day period.
The conditions of work set out in clause 2 (a), (b) and (e)–(g) apply to rail safety workers who drive passenger trains in a 2 person operation.
This clause applies to rail safety workers who drive trains and who travel to a home depot, or to a place provided for rest between shifts (a
The following rules apply in relation to any such worker:
(a) the period between signing on for a shift and reaching the home depot or barracks must not exceed 16 hours,
(b) for the purposes of applying the requirements of clauses 2 and 3 in relation to length and number of shifts (and despite clause 1), time spent travelling to the home depot or barracks is not taken to be part of the shift worked,
(c) for the purposes of applying the requirements of clauses 2 and 3 in relation to breaks between shifts, the break between shifts commences when the worker reaches the home depot or barracks,
(d) any such worker must not undertake any rail safety work or drive any motor vehicle after commencing to travel to the home depot or barracks and before signing off at the home depot or barracks.
Despite subclause (2), any such worker is for any other purpose taken to have been rostered on for a shift ending when the worker signs off at the home depot or the barracks.
The requirements of this Schedule do not apply in the event of:
(a) an accident or emergency, or
(b) any urgent circumstances approved by the ITSRR, or
(c) any other unforeseeable circumstances, that make it necessary to contravene this Schedule to avoid a serious dislocation of train services if there is no reasonably practicable alternative,
if the driver or drivers concerned indicate their fitness to work the extended hours.
In this clause:
(a) endangers, or may endanger, the safety of persons, or
(b) destroys or damages, or may destroy or damage, property.
The requirements of this Schedule are minimum standards and do not preclude other conditions of work, such as shorter or less frequent shifts than those specified by this Schedule, from being provided.
Except as provided by the regulations, this Schedule prevails over any inconsistent State industrial instrument (whether made before or after the commencement of this clause) to the extent that this Schedule provides for shorter hours of work or additional or longer breaks from work than are provided for by the State industrial instrument.
The regulations may amend this Schedule (other than this clause) for or with respect to the following matters:
(a) modifying conditions of work set out in this Schedule,
(b) prescribing other conditions of work for rail safety workers for the purposes of fatigue management or regulating safe hours of work and periods between work.
(Section 177)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• this Act
• Passenger Transport Amendment (Ticketing and Passenger Conduct) Act 2012
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
A continuing operator is not required to comply with section 12 (1), (2) and (5) of this Act until 12 months after the commencement of that section.
Until a continuing operator complies with section 12 (1), (2) and (5) of this Act, the following agreements, programs and systems of the operator continue in force and are taken to be the safety management system of the operator:
(a) the safety interface agreements of the operator,
(b) the passenger security policy and plan referred to in section 13 of the former Act,
(c) the safety management system referred to in section 14 of the former Act,
(d) the drug and alcohol program referred to in section 42 of the former Act,
(e) the fatigue management program referred to in section 43 of the former Act.
Nothing in this clause prevents an agreement, system or program referred to in subclause (2) from being varied and section 12 (3) of this Act applies to any proposed variation.
A roads authority for a road is not required to comply with Division 3 of Part 2 until 3 years after the commencement of that Division.
A person who, immediately before the commencement of Part 3 of this Act, was the holder of an existing accreditation is taken to be an accredited person for the purposes of this Act and the provisions of this Act and the regulations apply accordingly.
The accreditation of the continuing operator is taken to have been granted under this Act and continues in force, subject to the same terms as in force immediately before that commencement, until it is varied, surrendered, suspended or revoked under this Act.
Except as provided by this Part, or by a condition imposed on the accreditation of the continuing operator by the ITSRR, the operator is not required to comply with any provision of this Act relating to applications for accreditation under this Act.
An accreditation that, immediately before the commencement of section 53 of this Act, was suspended under the former Act is taken to have been suspended under section 53 of this Act.
For the purposes of this Act, the date of the anniversary of a continuing operator’s accreditation is taken to be the anniversary of the operator’s accreditation under the former Act.
This clause applies to a rail transport operator who is required to be accredited under this Act for railway operations carried out by the person immediately before the commencement of Part 3 of this Act and for which accreditation was not required immediately before that commencement.
A rail transport operator, or any person who carries out those railway operations, or causes or permits those operations to be carried out, for or on behalf of the operator, is not required to be accredited under this Act for those operations or to comply with Division 2 or 3 of Part 2 in relation to those operations.
Despite subclause (2), the ITSRR may, by notice in writing to the rail transport operator or person, require the operator or person to comply with any of the provisions of Division 2 or 3 of Part 2 in relation to the operations concerned.
This clause ceases to have effect on the second anniversary of the commencement of this clause or on such later day as may be prescribed by the regulations.
An exemption given under section 21 of the former Act, and in force immediately before the repeal of that section, continues in force for the period specified in the exemption.
This clause only applies to the extent that a requirement of the former Act that is the subject of any such exemption continues to apply to or in respect of a person under this Act.
The ITSRR may, for the purpose of consolidating continuing accreditations held by a person or updating the railway operations to which a continuing accreditation applies, cancel a continuing accreditation and issue a new accreditation.
Except as provided by this Schedule, or by a condition imposed on the accreditation of the continuing operator by the ITSRR, the operator is not required to comply with any provision of this Act relating to applications for accreditation under this Act.
The ITSRR may issue or cancel an accreditation under this clause without complying with a requirement of Part 3 of this Act, if it thinks it appropriate to do so.
A decision by the ITSRR to cancel or issue an accreditation under this clause is a reviewable decision for the purposes of section 157.
Nothing in this Part continues in force an accreditation if the person who was accredited under the former Act is not required by this Act to be accredited for the railway operations conducted by the person.
An application for an accreditation or surrender or variation of an accreditation under the former Act that was not determined immediately before the commencement of this clause is taken to be an application for accreditation or surrender or variation of an accreditation made under this Act and this Act applies accordingly.
An application made under section 22 of the former Act that was not determined immediately before the commencement of this clause is to be dealt with under section 41 of this Act.
An application made under section 24 of the former Act that was not determined immediately before the commencement of this clause is taken to be an application under section 45 of this Act.
An agreement in force under section 23 of the former Act immediately before the commencement of this clause between the owner of a private siding and an accredited person continues to have effect until it is terminated under the agreement or by other lawful means.
A rail infrastructure owner of a private siding that, immediately before the commencement of section 60 of this Act, was connected with, or had access to, a railway of an accredited person or a siding is not required to register that siding under section 60.
Subclause (2) ceases to have effect on the second anniversary of the commencement of this clause or on such later day as may be prescribed by the regulations.
A continuing operator is not required to assess the competence of rail safety workers under section 21 (2) of this Act if the workers are the subject of certificates of competency issued under section 36 of the former Act (whether before or after the commencement of section 21 of this Act).
A certificate of competency that is in force under section 36 of the former Act is taken to be a sufficient form of identification for the purposes of section 22 of this Act.
For the purposes of this clause, section 36 of the former Act, and any guidelines issued for the purposes of that section, continue in force.
New guidelines may be issued by the ITSRR for the purposes of section 36 of the former Act, as continued in force, and any such guidelines and any guidelines continued in force may be varied or revoked by the ITSRR.
It is a condition of accreditation of a rail transport operator that the rail transport operator comply with a guideline in force under this clause.
For the purposes of issuing a certificate of competency under section 36 of the former Act, a rail transport operator may have regard to a positive test to the presence of alcohol or another drug, whether the test was taken before or after the commencement of this clause.
This clause ceases to have effect on the second anniversary of the commencement of this clause or on such later day as may be prescribed by the regulations.
On the commencement of this subclause, a person who was an authorised officer under the former Act immediately before that commencement is taken to be a rail safety officer for the same purposes under this Act for a period of 12 months after that commencement. Any identity card issued to any such officer under the former Act is taken to have been issued under this Act.
On the commencement of regulations made under Schedule 1, a person authorised under the Rail Safety (Drug and Alcohol Testing) Regulation 2003 is taken to be authorised, for a period of 12 months, under those regulations for the same purposes as the person was authorised immediately before that commencement.
Nothing in this Act affects an application for a review made to the Administrative Decisions Tribunal under the former Act before the commencement of this clause.
The repeal of the former Act does not affect the liability of an accredited person in respect of a fee fixed under Division 4 of Part 2 of the former Act.
The repeal of the former Act does not affect any inquiry or investigation of any notifiable occurrence, railway accident or railway incident that commenced before the commencement of this clause, or anything done or required to be done under the former Act in connection with any such inquiry or investigation, and the provisions of the former Act continue to apply accordingly.
A notifiable occurrence, railway accident or railway incident that occurred before the commencement of this clause may be the subject of an inquiry or investigation under this Act.
A notice given under section 63 of the former Act, and having effect immediately before the repeal of that section, continues to have effect and that section continues to apply accordingly.
Nothing in this Act affects the operation and enforcement, or review, of an improvement or prohibition notice having effect immediately before the commencement of this clause and the provisions of the former Act continue to apply accordingly.
A person who is authorised to take proceedings under section 104 of the former Act immediately before the commencement of section 134 of this Act is taken to have been so authorised under section 134 of this Act and this Act applies accordingly.
An information sharing arrangement entered into by the ITSRR under section 109 of the former Act, and in force immediately before the commencement of section 156 of this Act, is taken to have been entered into under section 156 of this Act and this Act applies accordingly.
The amendment of section 132 by the Passenger Transport Amendment (Ticketing and Passenger Conduct) Act 2012 does not affect its operation in relation to proceedings for offences committed, or alleged to have been committed, before the repeal of section 131 and any such proceedings may continue to be dealt with as if section 132 had not been so amended.
(Repealed)
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