Rail Safety (General) Amendment (Authorised Officers) Regulation 2005 (NSW)

2005 No 770

New South Wales

Rail Safety (General) Amendment

(Authorised Officers) Regulation 2005

under the

Rail Safety Act 2002

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Rail Safety Act 2002.

JOHN WATKINS, M.P.,

Minister for Transport

Explanatory note
The object of this Regulation is to amend the Rail Safety (General) Regulation 2003 for the following purposes:

(a)	to enable certain classes of employees of Rail Corporation New South Wales to be appointed as authorised officers under the Rail Safety Act 2002,
(b)	to enable an operator of a railway to authorise its employees to receive and deal with lost property found on a train, railway land or part of monorail works, in addition to authorised officers,
(c)	to make other consequential amendments.

This Regulation is made under the Rail Safety Act 2002, including section 111 (1) and section

117 (the general regulation-making power).

Published in Gazette No 147 of 1 December 2005, page 9854	Page 1
2005 No 770
Clause 1	Rail Safety (General) Amendment (Authorised Officers) Regulation 2005

Rail Safety (General) Amendment (Authorised Officers)

Regulation 2005

under the

Rail Safety Act 2002

1      Name of Regulation

This Regulation is the Rail Safety (General) Amendment (Authorised
Officers) Regulation 2005.

2      Commencement

This Regulation commences on 1 December 2005.

3 Amendment of Rail Safety (General) Regulation 2003

The Rail Safety (General) Regulation 2003 is amended as set out in
Schedule 1.

2005 No 770

Rail Safety (General) Amendment (Authorised Officers) Regulation 2005

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 3 Definitions

Insert in alphabetical order:

RailCorp means Rail Corporation New South Wales.

[2]      Clause 50

Insert before clause 51:

50 Persons who may be appointed as authorised officers

For the purposes of section 111 (1) of the Act, employees of RailCorp who hold, or are acting in, the position of transit officer (of any rank) are a class of persons who may be appointed as authorised officers.

[3]      Clause 59 Lost property

Omit “authorised officer” from clause 59 (1) (b).

Insert instead “employee of an operator of a railway designated by the operator for the purposes of this clause or an authorised officer”.

[4]      Clause 59 (2)

Omit “authorised officer”. Insert instead “employee or officer”.

BY AUTHORITY