Rail Safety Act 2008 (NSW)

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An Act to make provision with respect to rail safety; to repeal the Rail Safety Act 2002; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Rail Safety Act 2008.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects

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.

4Interpretation(1)

In this Act:

accreditation means accreditation under Part 3.

accredited person means a rail transport operator who is accredited under this Act but does not include a person whose accreditation under this Act:

  • (a)

    has been surrendered or revoked or has otherwise ceased to have effect under this Act, or

  • (b)

    is suspended under this Act.

approved means approved by the ITSRR.

assessor means an assessor appointed by the Minister under section 71.

Australian rail safety law means a rail safety law or a corresponding rail safety law.

Australian Rail Safety Regulator means the ITSRR or a corresponding Rail Safety Regulator.

Board of Inquiry means a Board of Inquiry constituted by the Minister under section 69.

Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under the Transport Administration Act 1988.

commercial benefits order means an order under section 142.

compliance code means a compliance code approved by the Minister under Part 9.

corresponding law means:

  • (a)

    the law of another jurisdiction corresponding, or substantially corresponding, to this Act, or

  • (b)

    a law of another jurisdiction that is declared by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

corresponding rail safety law means a rail safety law as defined in a corresponding law.

corresponding Rail Safety Regulator means a person or body exercising the functions of a Rail Safety Regulator under a corresponding law.

embargo notice means a notice under section 98.

employee means a person employed under a contract of employment or contract of training.

employer means a person who employs one or more other persons under contracts of employment or contracts of training.

exercise a function includes perform a duty.

function includes power, authority or duty.

guidelines means guidelines approved by the ITSRR under Part 9.

improvement notice means a notice under section 112.

ITSRR means the Independent Transport Safety and Reliability Regulator constituted under the Transport Administration Act 1988.

jurisdiction means a State or Territory.

motor vehicle has the same meaning as in the Road Transport (Safety and Traffic Management) Act 1999.

notifiable occurrence means an accident or incident associated with railway operations:

  • (a)

    that has,…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.