Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003 (NSW)

2003 No 616

New South Wales

Rail Safety (General) Amendment

(Penalties and Train Safety

Recordings) Regulation 2003

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.

MICHAEL COSTA, M.L.C.,

Minister for Transport Services

Explanatory note
The objects of this Regulation are as follows:

(a)	to increase the penalties (including on-the-spot fines) for certain offences under the Rail Safety (General) Regulation 2003 relating to tickets and payment of fares, conduct on trains or railway land, littering, crossing or placing objects on railway tracks, throwing things at or from trains, stations or railways, and trespassing on stations, railways or railway land,
(b)	to enable publication and communication of train safety recordings (such as data logger information) between accredited persons and their employees and contractors for monitoring and analysis purposes and to the Director-General of the Ministry of Transport.

This Regulation is made under the Rail Safety Act 2002, including sections 73, 95 and

117 (the general power to make regulations).

Published in Gazette No 132 of 29 August 2003, page 8572	Page 1
2003 No 616	Rail Safety (General) Amendment (Penalties and Train Safety Recordings)
Clause 1	Regulation 2003

Rail Safety (General) Amendment (Penalties and Train

Safety Recordings) Regulation 2003

under the

Rail Safety Act 2002

1      Name of Regulation

This Regulation is the Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003.

2 Amendment of Rail Safety (General) Regulation 2003

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

Schedule 1.

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Rail Safety (General) Amendment (Penalties and Train Safety Recordings)	2003 No 616
Regulation 2003
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Clause 13 Conduct generally

Omit clause 13 (c).

[2]      Clause 13

Omit “5 penalty units”. Insert instead “10 penalty units”.

[3]      Clause 13 (2)

Insert at the end of clause 13:

(2)	A person must not on any train, on any railway land or on any part of monorail works wilfully put his or her feet, or either of them, on a seat.
Maximum penalty: 5 penalty units.

[4]      Clauses 15 (1), 17 (1), 18 (2), 28, 29 (1), 32 (1), 35 (1), 36 (2), 37 (1), 38, 39 (2), 41 (1), 42, 43 (1) and 44

Omit “Maximum penalty: 5 penalty units.” wherever occurring.
Insert instead “Maximum penalty: 10 penalty units.”.

[5]      Clauses 31 (1), 55 (1) and 56 (1)

Omit “Maximum penalty: 5 penalty units.” wherever occurring.
Insert instead “Maximum penalty: 50 penalty units.”.

[6]      Clauses 36 (1) and 54

Omit “Maximum penalty: 5 penalty units.” wherever occurring.
Insert instead “Maximum penalty: 20 penalty units.”.

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2003 No 616	Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003
Schedule 1	Amendments

[7]      Clause 62B

Insert after clause 62A:

62B Disclosure of train safety records for monitoring and other
purposes

(1)

For the purposes of section 73 (e) of the Act, a train safety recording may be published or communicated by and to the persons set out in subclause (2), but only if the publication or communication is made for any of the following purposes:

(a)	the analysis or monitoring of railway operations or rail safety or related matters,
(b)	withoutlimitingparagraph(a),theauditingof compliance by railway employees with any systems, procedures, instructions or orders relating to the carrying out of railway operations.

(2)

A train safety recording may be published or communicated:

(a)	by an accredited person or an employee or contractor of the accredited person to another accredited person or an employee or contractor of another accredited person, or
(b)	by an employee or contractor of an accredited person to the accredited person or another employee or contractor of the accredited person, or
(c)	by an accredited person to an employee or contractor of the accredited person.

(3)

For the purposes of section 73 (e) of the Act, a train safety recording may be published or communicated by or on behalf of an accredited person to the Director-General.

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Rail Safety (General) Amendment (Penalties and Train Safety Recordings)	2003 No 616
Regulation 2003
Amendments	Schedule 1

[8]      Schedule 1 Penalty notice offences

Omit all matter under the heading to Part 2. Insert instead:

Column 1	Column 2
Offence	Penalty
Clause 5 (1)	$200
Clause 6 (1) (a)	$200
Clause 6 (1) (b)	$200
Clause 8 (1)	$200
Clause 9 (1)	$200
Clause 9 (3)	$200
Clause 9 (4) (a)	$200
Clause 9 (4) (b)	$200
Clause 10	$200
Clause 11 (1)	$200
Clause 12 (1)	$200
Clause 13 (1) (a)	$400
Clause 13 (1) (b)	$400
Clause 13 (1) (d)	$400
Clause 13 (2)	$100
Clause 14 (2)	$100
Clause 15 (1)	$400
Clause 16 (1)	$100

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2003 No 616	Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003
Schedule 1	Amendments

Column 1	Column 2
Offence	Penalty
Clause 17 (1)	$400
Clause 18 (2)	$400
Clause 19 (1)	$100
Clause 20	$100
Clause 21 (a)	$200
Clause 21 (b)	$200
Clause 21 (c)	$200
Clause 21 (d)	$200
Clause 22 (a)	$200
Clause 22 (b)	$200
Clause 23 (1)	$100
Clause 23 (2)	$100
Clause 24 (1)	$100
Clause 25 (3)	$100
Clause 26 (1) (a)	$100
Clause 26 (1) (b)	$100
Clause 26 (3)	$100
Clause 27 (2)	$100
Clause 28 (a)	$400
Clause 28 (b)	$400

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Rail Safety (General) Amendment (Penalties and Train Safety Recordings)	2003 No 616
Regulation 2003
Amendments	Schedule 1

Column 1	Column 2
Offence	Penalty
Clause 28 (c)	$400
Clause 28 (d)	$400
Clause 29 (1) (a)	$400
Clause 29 (1) (b)	$400
Clause 30 (1)	$200
Clause 31 (1) (a)	$400
Clause 31 (1) (b)	$400
Clause 31 (1) (c)	$400
Clause 31 (1) (d)	$400
Clause 31 (1) (e)	$400
Clause 31 (1) (f)	$400
Clause 32 (1) (a)	$200
Clause 32 (1) (b)	$200
Clause 33	$200
Clause 34 (1) (a)	$200
Clause 34 (1) (b)	$200
Clause 34 (1) (c)	$100
Clause 34 (1) (d)	$100
Clause 35 (1)	$200
Clause 36 (1) (a)	$400

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2003 No 616	Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003
Schedule 1	Amendments

Column 1	Column 2
Offence	Penalty
Clause 36 (1) (b)	$400
Clause 36 (2)	$200
Clause 37 (1) (a)	$200
Clause 37 (1) (b)	$400
Clause 37 (2)	$200
Clause 38 (a)	$400
Clause 38 (b)	$400
Clause 38 (c)	$400
Clause 39 (2)	$400
Clause 41 (1)	$400
Clause 42 (1)	$400
Clause 42 (2) (a)	$400
Clause 42 (2) (b)	$400
Clause 42 (3) (a)	$400
Clause 42 (3) (b)	$400
Clause 43 (1) (a)	$400
Clause 43 (1) (b)	$400
Clause 43 (1) (c)	$400
Clause 44 (a)	$400
Clause 44 (b)	$400

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Rail Safety (General) Amendment (Penalties and Train Safety Recordings)	2003 No 616
Regulation 2003
Amendments	Schedule 1

Column 1	Column 2
Offence	Penalty
Clause 44 (c)	$400
Clause 45	$100
Clause 46 (1)	$100
Clause 46 (2)	$100
Clause 47 (1) (a)	$100
Clause 47 (1) (b)	$100
Clause 47 (1) (c)	$100
Clause 48 (2) (a)	$200
Clause 48 (2) (b)	$200
Clause 49	$100
Clause 53	$200
Clause 54	$400
Clause 55 (1) (a)	$400
Clause 55 (1) (b)	$400
Clause 55 (1) (c)	$400
Clause 55 (1) (d)	$400
Clause 55 (1) (e)	$400
Clause 55 (4)	$200
Clause 56 (1)	$400
Clause 59 (1)	$100

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2003 No 616	Rail Safety (General) Amendment (Penalties and Train Safety Recordings) Regulation 2003
Schedule 1	Amendments

Column 1	Column 2
Offence	Penalty
Clause 60 (1)	$100

BY AUTHORITY

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