Rail Safety National Law Application Act 2013 (Vic)
Version No. 017
Rail Safety National Law Application Act 2013
No. 22 of 2013
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
5Transport Integration Act 2010
Part 2—Application of Rail Safety National Law
6Application of Rail Safety National Law
7Interpretation of certain expressions
8Meaning of court
10No double jeopardy
11Exclusion of legislation of this jurisdiction
12Disallowance of national regulations
Part 4—Modifications to the Rail Safety National Law and additional requirements
Division 1A—Additional rail safety duties
40ARail safety duties of persons providing railway operations by means of contracted personnel
Division 2—Due diligence modification
41National due diligence offence does not apply in Victoria
Division 5—Additional compliance and enforcement requirements
44Application
45Magistrates' Court Act 1989 applies to search warrants under the Law
46Abrogation of self-incrimination—derivative use immunity applies
Division 6—Review of decisions
47VCAT is the reviewing entity
Division 7—Other matters
48Authorisation of information disclosure in relation to notifiable occurrences
Part 4A—Alcohol and drug controls for rail safety workers
Division 1—Preliminary matters
48ADefinitions
48BApproval of person to take blood samples for the purposes of the Law and this Part
48CAssessment of drug impairment modification
48DPresumptions in relation to presence of concentrations of alcohol and other drugs
48EWhen a rail safety worker is not to be taken to be impaired
48FWhen a rail safety worker is to be regarded as being about to carry out rail safety work
48GFindings of guilt and convictions and subsequent offences
Division 2—Offences and related evidentiary matters
48HAdditional offences involving alcohol and drugs
48IAdditional circumstances when rail safety workers may be convicted or found guilty
48JEvidence as to effect of the consumption of alcohol or consumption or use of a drug
48KExistence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work
Division 3—Testing and analysis
48LAdditional matters for preliminary breath tests
48MAdditional matters for breath analyses
48NEvidentiary matters relating to breath analysis
48OAssessment of drug impairment
48PProcedure for assessments of drug impairment
48QDrug screening tests
48ROral fluid analysis
48SProvision of oral fluid samples for oral fluid analysis
48TPart of oral fluid sample to be delivered to rail safety worker if drugs detected
48URail safety worker required to provide oral fluid sample may request sample of blood to be taken
48VAuthorised person may require blood sample if oral fluid sample insufficient
48WEvidentiary matters relating to oral fluid analysis
48XBlood and urine tests
48YRail safety worker may request sample of blood to be taken for analysis
48ZDestruction of identifying information
48ZABlood samples to be taken in certain cases
Division 4—Evidentiary provisions
48ZBEvidentiary provisions—blood tests
48ZCEvidentiary provisions—oral fluid samples
48ZDEvidentiary provisions—breath tests
Division 5—Other matters
48ZEApprovals
Part 5—Miscellaneous
Division 1—Director and officer criminal liability
49Criminal liability of officers of bodies corporate—failure to exercise due diligence
Division 2—Other matters
50Corporations Act displacement
Division 3—Regulations
51Regulations
Part 7—Savings and transitionals
Division 1—Preliminary matters
98Definitions
99Application of Interpretation of Legislation Act 1984
Division 2—Transition from the Rail Safety Act 2006
100Declaration of drug
101Approval of persons to take blood samples
102Safety management systems
103Consultations for the purpose of safety management systems
104System and arrangements established by an old scheme rail operator who is exempt from accreditation
105Directions to stop rail operation or utility works
106Directions to alter, demolish or take away works
107Safety interface agreements—rail operations
108Safety interface agreements—rail infrastructure and public roadways or pathways
109Safety interface agreements—rail infrastructure and relevant roadways or pathways
110Safety interface agreements—assessment by road managers of public roadways or pathways
111Safety interface agreements—assessment by road managers of relevant roadways or pathways
112Written notices of Safety Director in relation to safety interface agreements
113Directions of Safety Director in relation to safety interface agreements
114Registers of safety interface agreements
115Accredited rail operators are accredited persons
116Accreditations under Rail Safety Act 2006 are accreditations under the Law
117Accreditations to be registered in National Rail Safety Register
118Applications for accreditation
119Directions to coordinate accreditation applications
120Discretionary applications for variations of accreditation
121Mandatory applications for variations of accreditation
122Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director
123Suspended accreditations
124Surrender of accreditation
Division 3—Transition of pending internal review decisions under Rail Safety Act 2006
125Review of decision to refuse to accredit
126Review of decision to give direction to co-ordinate applications
127Review of decision to impose condition or restriction on accreditation
128Review of decision to refuse to vary or revoke condition or restriction of accreditation
129Review of decision to refuse to vary accreditation
130Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation
131Review of decision to consent to surrender of accreditation
132Review of decision to immediately suspend accreditation
133Review of decision to take disciplinary action—imposition of new condition or restriction
134Review of decision to take disciplinary action—imposition of expiry date on accreditation
135Review of decision to take disciplinary action—suspension
136Review of decision to take disciplinary action—cancellation
137Review of decision to refuse to grant exemption from requirement to be accredited
138Review of decision to revoke exemption from requirement to be accredited
Division 4—Transition from the Transport (Compliance and Miscellaneous) Act 1983
139Securing a site
140Things seized under seizure power
141Things seized under a search warrant
142Search warrant
143Power to require production of documents and to answer questions
144Direction to provide reasonable assistance
145Powers to support seizure
146Power to direct a thing's return
147Receipt of seized things
148Improvement notices
149Prohibition notices
150Oral directions given before a prohibition notice is served
151Enforceable undertakings
152Withdrawal or variation of enforceable undertakings
153Reviewable decision—service of improvement notice
154Reviewable decision—service of prohibition notice
Division 6—Private siding accreditation exemptions
156Rail infrastructure manager holding private siding exemption is a registered person under Law
Division 7—Other matters
158Provision of information and assistance by the Safety Director to the Regulator
Part 8—Savings and transitionals—Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019
Division 1—Preliminary
159Definitions
160Application of Interpretation of Legislation Act 1984
Division 2—Transition from the Rail Safety (Local Operations) Act 2006
161Persons approved to take blood samples
162Safety management systems
163Consultations for the purpose of safety management systems
164System and arrangements established by transitioning rail operator who is exempt from accreditation
165Safety audits
166Directions to stop railway operations or utility works
167Directions to alter, demolish or take away works
168Safety interface agreements—railway operations
169Safety interface agreements—rail infrastructure and public roadways or pathways
170Safety interface agreements—rail infrastructure and relevant roadways or pathways
171Safety interface agreements—assessment by relevant road authorities of public roadways or pathways
172Safety interface agreements—assessment by relevant road authorities of relevant roadways or pathways
173Written notices of Safety Director in relation to safety interface agreements
174Directions of Safety Director in relation to safety interface agreements
175Registers of safety interface agreements
176Accredited rail transport operators are accredited persons
177Accreditations under Rail Safety (Local Operations) Act 2006 are accreditations under the Law
178Accreditations to be registered in National Rail Safety Register
179Applications for accreditation
180Directions to coordinate accreditation applications
181Emergency plan
182Discretionary applications for variations of accreditation
183Mandatory applications for variations of accreditation
184Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director
185Surrender of accreditation
186Suspended accreditations
187Cancellations of accreditations that have not taken effect
188Accreditation of rail infrastructure managers of registered private sidings that are freight terminals
189Pending applications for internal review
190Internal review of decision to take disciplinary action—imposition of new condition or restriction
191Internal review of decision to take disciplinary action—imposition of expiry date on accreditation
192Internal review of decision to take disciplinary action—suspension
193Internal review of decision to take disciplinary action—cancellation
Division 3—Transition on amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014
194Things seized under seizure power
195Securing a site or restricting access to rolling stock
196Things seized under a search warrant
197Search warrant
198Direction to require production of document
199Powers to support seizure
200Power to direct a things return
201Receipt of seized things
202Power to require production of documents and to answer questions
203Improvement notices
204Prohibition notices
205Non-disturbance notices
206Injunctions for non-compliance with notices
207Enforceable undertakings
208Pending applications for internal review
209Internal review of decision to serve clearance certificate—improvement notice
210Internal review of decision to serve certificate—prohibition notice
211Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day
Division 4—General
212Provision of information and assistance by the Safety Director to the Regulator
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 017
Rail Safety National Law Application Act 2013
No. 22 of 2013
Version incorporating amendments as at
6 August 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide for the application of a National Law to make provision for a national system of rail safety (the Rail Safety National Law); and
(b)to make related amendments to other Acts.
2Commencement
(1)This Part comes into operation on the day after the day this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed which must be a day on or after the day specified in a notice under section 4.
3Definitions
(1)In this Act—
body corporate has the same meaning as corporation has in section 57A of the Corporations Act;
Chief Investigator, Transport Safety means the person holding the position referred to in section 179(1) of the Transport Integration Act 2010;
Department means Department of Transport and Planning;
* * * * *
public sector body has the same meaning as in the Public Administration Act 2004;
public sector employee has the same meaning as in the Public Administration Act 2004;
Rail Safety National Law (Victoria) or Law means the provisions applying in this jurisdiction because of section 6;
* * * * *
Road Rules has the same meaning as in section 3(1) of the Road Safety Act 1986.
* * * * *
* * * * *
* * * * *
(2)Terms used in this Act and also the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia have the same meanings in this Act as they have in that Law.
(3)This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
* * * * *
5Transport Integration Act 2010
This Act and the Rail Safety National Law (Victoria) are transport legislation within the meaning of the Transport Integration Act 2010.
PART 2—APPLICATION OF RAIL SAFETY NATIONAL LAW
6Application of Rail Safety National Law
The Rail Safety National Law, as in force from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia—
(a)subject to Parts 4, 4A and 5, applies as a law of this jurisdiction; and
(b)as so applying may be referred to as the Rail Safety National Law (Victoria); and
(c)so applies as if it were an Act.
7Interpretation of certain expressions
(1)In the Rail Safety National Law (Victoria)—
court has the meaning given by section 8;
emergency services means an emergency services agency within the meaning of the Emergency Management Act 1986;
footpath has the same meaning as in the Road Rules;
Gazette means the Victoria Government Gazette;
Minister means the Minister for Public Transport;
police officer has the same meaning as in the Victoria Police Act 2013;
* * * * *
* * * * *
Rail Safety National Law or this Law means the Rail Safety National Law (Victoria);
* * * * *
road has the same meaning as in the Road Management Act 2004;
shared path has the same meaning as in Rule 242 of the Road Rules;
the jurisdiction or this jurisdiction means Victoria.
(2)For the purposes of paragraph (b) of the definition of prescribed authority in section 13(3) of the Rail Safety National Law (Victoria), the relevant authority in this jurisdiction is the Chief Investigator, Transport Safety.
(3)For the purposes of this Act and the Rail Safety National Law (Victoria) and any other Act or law, the Office of the National Rail Safety Regulator is not an agency or instrumentality of the Crown in right of Victoria.
8Meaning of court
For the purposes of Division 6 of Part 5 and Division 6 of Part 10 of the Rail Safety National Law (Victoria), court means the Magistrates' Court.
* * * * *
10No double jeopardy
If—
(a)an act or omission is an offence against the Rail Safety National Law (Victoria) and is also an offence against a law of another participating jurisdiction; and
(b)the offender has been punished for the offence under the law of the other jurisdiction—
the offender is not liable to be punished for the offence against the Rail Safety National Law (Victoria).
11Exclusion of legislation of this jurisdiction
(1)The following Acts of this jurisdiction do not apply to the Rail Safety National Law (Victoria) or to instruments made under that law—
(a)the Audit Act 1994;
(b)the Financial Management Act 1994;
(c)the Interpretation of Legislation Act 1984;
* * * * *
(e)the Ombudsman Act 1973;
(f)the Freedom of Information Act 1982;
(g)the Public Records Act 1973;
(h)the Subordinate Legislation Act 1994 (except to the extent provided by section 12);
(i)the Fines Reform Act 2014;
(j)the Infringements Act 2006;
(k)the Privacy and Data Protection Act 2014.
(2)However, the Acts referred to in subsection (1) apply to a public sector body or a public sector employee exercising a function under the Rail Safety National Law (Victoria).
12Disallowance of national regulations
(1)Section 15(1) and Part 5 (except section 21(1)(j)) of the Subordinate Legislation Act 1994 apply to a national regulation as if—
(a)the national regulation were a statutory rule within the meaning of that Act; and
(b)a reference in section 15(1) or 23(2)(a)(ii) of that Act to publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
(i)publication of the national regulation under section 265(1) of the Rail Safety National Law (Victoria);
(ii)the day this section comes into operation.
(2)If a national regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.
(3)In such a case, the disallowed regulation, or disallowed part, ceases to have effect on the date that regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.
* * * * *
PART 4—MODIFICATIONS TO THE RAIL SAFETY NATIONAL LAW AND ADDITIONAL REQUIREMENTS
* * * * *
Division 1A—Additional rail safety duties
40ARail safety duties of persons providing railway operations by means of contracted personnel
Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if after section 53 of that Law there were inserted—
"53A Duties of persons providing railway operations by means of contracted personnel
(1)A person (a labour-hire entity) who under an agreement or arrangement supplies to a rail infrastructure manager the services of an individual that labour-hire entity employs or engages to carry out railway operations for that manager must, so far as is reasonably practicable, ensure that that individual is competent to carry out the railway operations.
(2)A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations.
(3)In this section—
supply includes provide, grant or confer, whether as principal or agent.".
Division 2—Due diligence modification
41National due diligence offence does not apply in Victoria
Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if section 55 of that Law were omitted.
* * * * *
* * * * *
Division 5—Additional compliance and enforcement requirements
44Application
The Rail Safety National Law (Victoria) applies subject to this Division and despite anything to the contrary in that Law.
45Magistrates' Court Act 1989 applies to search warrants under the Law
(1)A search warrant under section 150 of the Rail Safety National Law (Victoria) must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulations under that Act.
(2)Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a rail safety officer to arrest a person.
(3)Subject to any provision to the contrary in section 150 of the Rail Safety National Law (Victoria), the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
46Abrogation of self-incrimination—derivative use immunity applies
(1)This section applies despite anything to the contrary in section 155 of the Rail Safety National Law (Victoria).
(2)Without limiting section 155 of the Rail Safety National Law (Victoria), any answer to a question or information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a person under a requirement or direction of a rail safety officer under Part 4 of the Rail Safety National Law (Victoria) is not admissible as evidence against that person in civil or criminal proceedings other than proceedings arising out of the false and misleading nature of the answer, information or document.
(3)Despite section 155(2) of the Rail Safety National Law (Victoria) or subsection (2) of this section—
(a)any information or document required to be kept under that Law that is provided by a person under a requirement under section 154 of that Law is admissible in evidence against the person in criminal proceedings;
(b)any information obtained from a person under Part 4 of that Law that is contained in any document or item that the person is required to keep under that Law is admissible in evidence against the person in criminal proceedings or may be used in any action, proceeding or process that may make a person liable to a penalty.
Division 6—Review of decisions
47VCAT is the reviewing entity
Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if for section 217 of that Law there were substituted—
"217 Review by VCAT
(1)A person may apply to VCAT for review of—
(a)a reviewable decision made by the Regulator; or
(b)a decision made, or taken to have been made, by the Regulator under section 216 in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—
if the person is an eligible person in relation to the reviewable decision.
(2)The application must be made—
(a)within 28 days after the day on which the decision first came to the applicant's notice; or
(b)if the Regulator is required by the Victorian Civil and Administrative Tribunal Act 1998 to give the applicant a statement of reasons, within 28 days after the day on which the applicant is given the statement—
whichever period ends last.".
Division 7—Other matters
48Authorisation of information disclosure in relation to notifiable occurrences
For the purposes of section 244(3)(e) of the Rail Safety National Law (Victoria), ONRSR, a member of ONRSR or a person authorised by ONRSR is authorised to disclose information in relation to notifiable occurrences to the following persons—
(a)the Chief Investigator, Transport Safety;
(b)the Secretary to the Department.
PART 4A—ALCOHOL AND DRUG CONTROLS FOR RAIL SAFETY WORKERS
Division 1—Preliminary matters
48ADefinitions
In this Part—
approved health professional means—
(a)a person registered under the Health Practitioner Regulation National Law—
(i)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and
(ii)in the registered nurses division of that profession; or
(b)a person approved under section 48B to take a blood sample for the purposes of the Rail Safety National Law (Victoria) and this Part; or
(c)a person or a member of a class of person prescribed by the regulations;
assessment of drug impairment means an assessment under sections 48O and 48P;
breath analysing instrument means a breath analysing instrument within the meaning of the Road Safety Act 1986;
breath analysis means an analysis of breath by a breath analysing instrument;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
corresponding law means a law of another State or a Territory that creates an offence substantially similar to an offence created by section 128(1) of the Rail Safety National Law (Victoria) or section 48H(1);
drug screening test means a test by means of a device prescribed for the purpose of conducting drug screening tests;
oral fluid analysis means an analysis of oral fluid by means of a device prescribed for the purpose of conducting oral fluid analyses;
prescribed concentration of alcohol has the same meaning as in section 128(5) of the Rail Safety National Law (Victoria);
prescribed drug has the same meaning as in section 128(5) of the Rail Safety National Law (Victoria);
properly qualified analyst has the same meaning as in section 57B of the Road Safety Act 1986;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
Victorian Institute of Forensic Medicine Chief Executive Officer means the Chief Executive Officer within the meaning of the Victorian Institute of Forensic Medicine Act 2024.
48BApproval of person to take blood samples for the purposes of the Law and this Part
The Victorian Institute of Forensic Medicine Chief Executive Officer may, in writing, approve a person to take blood samples for the purposes of the Rail Safety National Law (Victoria) and this Part if the Chief Executive Officer is of the opinion that the person has the appropriate qualifications, training and experience to take such samples.
48CAssessment of drug impairment modification
Despite anything to the contrary in the Rail Safety National Law (Victoria), section 126(1) of that Law applies as a law of this jurisdiction as if—
(a)in paragraph (e) of that subsection, for "occurrence," there were substituted "occurrence; or";
(b)after paragraph (e) of that subsection there were inserted—
"(f)is required to undergo an assessment of drug impairment,".
48DPresumptions in relation to presence of concentrations of alcohol and other drugs
(1)For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(a) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(a), a certain concentration of alcohol was present in the blood or breath of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the worker's blood or breath (as the case requires) at the time at which the offence is alleged to have been committed.
(2)For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(b) of the Rail Safety National Law (Victoria), a certain drug was present in the oral fluid or blood of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the worker's oral fluid or blood at the time at which the offence is alleged to have been committed.
(3)For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(c) of the Rail Safety National Law (Victoria) or section 48H(1)(b), a certain drug was present in the body of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that the drug was present in the worker's body at the time at which the offence is alleged to have been committed.
(4)For the purposes of an alleged offence against section 48H(1)(i) or (j) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the rail safety worker charged or found by an analyst to be present in the sample of blood taken from the worker charged (as the case requires) was not due solely to the consumption of alcohol after having carried out rail safety work unless the contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person.
(5)For the purposes of an alleged offence against section 128(1)(b) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(b) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid taken from the rail safety worker charged was not due solely to the consumption or use of that drug after carrying out rail safety work unless the contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person.
48EWhen a rail safety worker is not to be taken to be impaired
For the purposes of sections 48O to 48X, a rail safety worker is not to be taken to be impaired unless the worker's behaviour or appearance is such as to give rise to a reasonable suspicion that the worker is unable to carry out rail safety work properly.
48FWhen a rail safety worker is to be regarded as being about to carry out rail safety work
For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker has arrived at the worker's place of work but has not yet begun work.
48GFindings of guilt and convictions and subsequent offences
If a rail safety worker who is found guilty or convicted of an offence against any one of the paragraphs of section 128(1) of the Rail Safety National Law (Victoria) or the paragraphs of section 48H(1), or against those sections, has at any time been found guilty or convicted of—
(a)an offence against the same or any other of those paragraphs or against either of those sections; or
(b)an offence against any corresponding law—
the finding of guilt, or conviction of, the offence against that paragraph or section is to be taken to be a conviction for a subsequent offence.
Division 2—Offences and related evidentiary matters
48HAdditional offences involving alcohol and drugs
(1)A rail safety worker is guilty of an offence if the worker—
(a)carries out rail safety work while more than the prescribed concentration of alcohol is present in the worker's breath; or
(b)carries out rail safety work while impaired by a drug; or
(c)refuses or fails to comply with a requirement under section 48M(10); or
(d)refuses to undergo an assessment of drug impairment in accordance with sections 48O and 48P when required under those sections to do so or refuses to comply with a direction under section 48O(4); or
(e)refuses to immediately comply with a requirement under section 48Q(2) or a direction under section 48Q(4) or fails to comply with the obligation in section 48Q(5); or
(f)refuses to provide a sample of oral fluid in accordance with section 48R when required under that section to do so or refuses to immediately comply with any other requirement made under that section; or
(g)refuses to comply with a requirement made under section 48X(2) or (3); or
(h)refuses to comply with a requirement made under section 48V(2) or (3); or
(i)within 3 hours after having carried out rail safety work furnishes a sample of breath for analysis by a breath analysing instrument under a requirement under section 48M and—
(i)the result of the analysis as recorded or shown by the breath analysing instrument indicates that more than the prescribed concentration of alcohol is present in the worker's breath; and
(ii)the concentration of alcohol indicated by the analysis to be present in the worker's breath was not due solely to the consumption of alcohol after having carried out the rail safety work; or
(j)has had a sample of blood taken from the worker in accordance with section 48ZA within 3 hours after having carried out rail safety work and—
(i)the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 48ZB and the analyst has found that at the time of analysis more than the prescribed concentration of alcohol was present in that sample; and
(ii)the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after having carried out the rail safety work.
(2)A rail safety worker who is guilty of an offence under subsection (1) is liable to a fine not exceeding $10 000.
(3)It is a defence to a charge under subsection (1)(i) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated.
(4)It is a defence to a charge under subsection (1)(j) for the person charged to prove that the result of the analysis was not a correct result.
48IAdditional circumstances when rail safety workers may be convicted or found guilty
A rail safety worker may be convicted or found guilty of an offence under section 126(3) or 127(3) of the Rail Safety National Law (Victoria) or section 48H(1)(d) even if—
(a)in the case of an offence under section 126(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a preliminary breath test or breath analysis—
(i)a breath analysing instrument was not available at the place where the requirement was made at the time it was made; or
(ii)a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made;
(b)in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these)—
(i)the authorised person requiring a sample of blood or urine had not nominated a registered medical practitioner or approved health professional to take the sample; or
(ii)if the worker was required under section 48R(3) to provide a sample of oral fluid for analysis by a properly qualified analyst, the authorised person requiring a sample of oral fluid had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis;
(c)in the case of an offence under section 48H(1)(d)—
(i)a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; or
(ii)a person authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made;
(d)in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria)—
(i)a requirement to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these) was not made at a place where such a test or analysis could have been carried out; or
(ii)a person authorised to carry out the drug screening test, oral fluid analysis, blood test or urine test was not present at the place where the requirement was made at the time it was made.
48JEvidence as to effect of the consumption of alcohol or consumption or use of a drug
(1)In any proceeding for an offence under section 48H(1)(i) or (j) evidence as to the effect of the consumption of alcohol on the accused is admissible for the purpose of rebutting the presumption created by section 48D(4) but is otherwise inadmissible.
(2)In any proceeding for an offence against section 128(1)(b) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(b) evidence as to the effect of the consumption or use of a drug on the accused is admissible for the purpose of rebutting the presumption created by section 48D(5) but is otherwise inadmissible.
48KExistence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work
In any proceeding for an offence under section 48H(1)(b), proof that—
(a)the rail safety worker was carrying out rail safety work; and
(b)one or more drugs were present in the rail safety worker's body at the time at which the worker carried out rail safety work; and
(c)the behaviour of the rail safety worker on an assessment of drug impairment carried out on the worker was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and
(d)the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to carry out rail safety work properly—
is, in the absence of evidence to the contrary, proof that the rail safety worker carried out rail safety work while impaired by a drug.
Division 3—Testing and analysis
48LAdditional matters for preliminary breath tests
(1)This section applies if a rail safety worker is required by an authorised person to submit to testing by means of a preliminary breath test under section 126 of the Rail Safety National Law (Victoria).
(2)The rail safety worker must undergo a preliminary breath test by exhaling continuously into a prescribed device to the satisfaction of the authorised person.
(3)However, the rail safety worker is not obliged to submit to testing by means of a preliminary breath test under section 126 of the Rail Safety National Law (Victoria) if more than 3 hours have passed since the worker last carried out rail safety work.
48MAdditional matters for breath analyses
(1)This section applies if a rail safety worker is required by an authorised person to submit to testing by means of a breath analysis under section 126 of the Rail Safety National Law (Victoria).
(2)For the purposes of section 126 of the Rail Safety National Law (Victoria), a requirement of the authorised person under that section may be that the rail safety worker submit to testing by doing one or both of the following—
(a)furnishing a sample of breath for analysis by a breath analysing instrument;
(b)furnishing one or more further samples if it appears to the authorised person that the breath analysing instrument is incapable of measuring the concentration of alcohol present in the sample, or each of the samples, previously furnished in grams per 210 litres of exhaled air—
(i)because the amount of sample furnished was insufficient; or
(ii)because of a power failure or malfunctioning of the instrument; or
(iii)for any other reason whatsoever.
(3)In addition, for the purposes of section 126(1)(a) to (e) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to—
(a)accompany the authorised person to a police station or other place where the sample of breath may be furnished; and
(b)remain there until the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) or until 3 hours after the carrying out of the rail safety work, whichever is the sooner.
(4)In addition, for the purposes of section 126(1)(f) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to remain at the place at which the worker is required to remain for the purposes of the drug assessment until—
(a)the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) and the drug assessment has been carried out; or
(b)3 hours after the carrying out of rail safety work—
whichever is the sooner.
Note
Section 126(1)(f) forms part of the Rail Safety National Law (Victoria)—see section 48C.
(5)If the rail safety worker is required to furnish a sample of breath for analysis, the worker must do so by exhaling continuously into the instrument to the satisfaction of the person operating it.
(6)However, a rail safety worker is not obliged to furnish a sample of breath under this section if more than 3 hours have passed since the worker last carried out rail safety work.
(7)A breath analysing instrument referred to in this section must be operated by a person authorised to do so by the Chief Commissioner of Police.
(8)As soon as practicable after a sample of a rail safety worker's breath is analysed by means of a breath analysing instrument the person operating the instrument must sign and give to the worker whose breath has been analysed a certificate containing the prescribed particulars produced by the breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in the worker's breath.
(9)A rail safety worker must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against the worker.
(10)The authorised person who required a sample of breath under section 126(1) of the Rail Safety National Law (Victoria) from a rail safety worker may require the worker to allow a registered medical practitioner or an approved health professional nominated by the person requiring the sample to take from the worker a sample of blood for analysis if it appears to the person that—
(a)the worker is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or
(b)the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by the worker for any reason whatsoever—
and for that purpose may further require that worker to accompany an authorised person to a place where the sample is to be taken and to remain there until the sample has been taken or until 3 hours after the carrying out of the rail safety work, whichever is sooner.
(11)A rail safety worker who allows the taking of a sample of the worker's blood in accordance with subsection (10) must not be convicted or found guilty of refusing to furnish under section 126(1) of the Rail Safety National Law (Victoria) a sample of breath for analysis.
(12)A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (10).
Penalty:$10 000.
(13)No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (10).
48NEvidentiary matters relating to breath analysis
(1)Evidence derived from a sample of breath furnished following a requirement made under section 126(1) of the Rail Safety National Law (Victoria) is not rendered inadmissible by a failure to comply with a request under section 48Y if reasonable efforts were made to comply with the request.
(2)If the question of whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a rail safety worker is relevant on a hearing for an offence against section 128(1) of the Rail Safety National Law (Victoria) or section 48H(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document—
(a)purporting to be a print-out produced by that instrument in respect of that sample; and
(b)purporting to be signed by the person who operated the instrument—
is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.
(3)A document referred to in subsection (2) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 (as the case requires).
48OAssessment of drug impairment
(1)Subject to this section, a police officer may at any time require a rail safety worker who—
(a)is about to carry out rail safety work; or
(b)is carrying out rail safety work; or
(c)is attempting to carry out rail safety work; or
(d)is still on railway premises after carrying out rail safety work; or
(e)without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence—
to undergo an assessment of drug impairment.
(2)Subject to this section, a police officer may require—
(a)a rail safety worker whom the officer believes on reasonable grounds has within the last 3 preceding hours carried out rail safety work on a railway when a notifiable occurrence or prescribed notifiable occurrence occurred involving the rail safety worker; or
(b)a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a preliminary breath test; or
(c)a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a breath analysis—
to undergo an assessment of drug impairment.
(3)A police officer may only require a rail safety worker to undergo an assessment of drug impairment under subsection (1) or (2) if the officer is of the opinion that the rail safety worker's behaviour or appearance indicates that the worker may be impaired for a reason other than alcohol alone.
(4)A police officer may direct a rail safety worker required under subsection (1) or (2) to undergo an assessment of drug impairment to accompany the officer to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the carrying out of the rail safety work, whichever is sooner.
(5)A rail safety worker is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the worker last carried out rail safety work.
48PProcedure for assessments of drug impairment
(1)An assessment of drug impairment must be carried out by a police officer authorised to do so by the Chief Commissioner of Police.
(2)An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice published under section 55A(5) of the Road Safety Act 1986.
(3)The carrying out of an assessment of drug impairment on a rail safety worker must be video-recorded if the worker was involved in a notifiable occurrence or prescribed notifiable occurrence unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances.
(4)If the rail safety worker on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 48H(1)(b), and the carrying out of the assessment of drug impairment is video-recorded, a copy of the video-recording must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence.
(5)Subject to subsection (6), the video-recording of the carrying out of an assessment of drug impairment on a rail safety worker is only admissible in a proceeding against that worker for an offence against Division 9 of Part 3 of the Rail Safety National Law (Victoria) or this Part for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under section 55A(5) of the Road Safety Act 1986.
(6)Evidence obtained as a result of an assessment of drug impairment carried out on a rail safety worker is inadmissible as part of the prosecution case in proceedings against that worker for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 48Z.
(7)In any proceeding under Division 9 of Part 3 of the Rail Safety National Law (Victoria) or this Part—
(a)the statement of a police officer that on a particular date the officer was authorised by the Chief Commissioner of Police under subsection (1) to carry out an assessment of drug impairment; or
(b)a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner of Police under subsection (1) to carry out an assessment of drug impairment—
is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that police officer.
48QDrug screening tests
(1)This section applies if an authorised person requires a rail safety worker to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria).
(2)The authorised person may, for the purposes of carrying out a drug screening test, require the rail safety worker to place a prescribed device, or the collection unit of a prescribed device, into the worker's mouth and carry out the physical actions that are necessary to ensure that, in the opinion of the authorised person, a sufficient sample of oral fluid has been captured by the device or unit.
(3)A device prescribed for the purposes of carrying out drug screening tests may be comprised of a collection unit and a testing unit and one or more other parts.
(4)The authorised person who carries out a drug screening test may give any reasonable direction as to the physical actions that are necessary for the test to be carried out.
(5)The rail safety worker must remain at the place at which the drug screening test is being carried out until the sample of oral fluid collected in accordance with subsection (2) has been tested by a prescribed device.
(6)The rail safety worker is not obliged to undergo a drug screening test under this section if more than 3 hours have passed since the worker—
(a)last carried out or attempted to carry out rail safety work; or
(b)was involved in a prescribed notifiable occurrence.
48ROral fluid analysis
(1)This section applies if a rail safety worker is—
(a)required—
(i)to undergo an assessment of drug impairment under section 48O; or
(ii)to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria); and
(b)in the opinion of the authorised person who carries out that assessment or test—
(i)the assessment or test indicates that the worker's oral fluid contains a prescribed drug; or
(ii)the worker has refused or failed to carry out the assessment or test in the manner described in section 48P or 48Q(2) (as the case requires).
(2)An authorised person may require the rail safety worker to provide a sample of oral fluid for testing by a prescribed device.
(3)If an authorised person considers it necessary, the person may require the rail safety worker to provide a sample of oral fluid for analysis by a properly qualified analyst.
(4)If the authorised person considers it necessary for the purposes of subsection (2) or (3), the person may require the rail safety worker—
(a)to accompany any authorised person to a place or vehicle where a sample is to be provided; and
(b)to remain there until the earlier of the following—
(i)the worker has provided the sample and any further sample required to be provided under subsection (5) and the sample has been tested by a prescribed device;
(ii)3 hours after the worker last carried out or attempted to carry out the rail safety work or was involved in a prescribed notifiable occurrence.
(5)The authorised person who required a sample of oral fluid to be provided under subsection (2) may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the prescribed device is incapable of testing for the presence of a prescribed drug in the sample or samples because—
(a)the amount of sample provided was insufficient; or
(b)of a power failure or malfunctioning of the device.
(6)If the authorised person requires a sample of oral fluid to be provided under subsection (3), the person may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the amount of sample provided was insufficient for the purposes of testing for the presence of a prescribed drug.
(7)An authorised person who is a police officer may only carry out the procedure for the provision of a sample of oral fluid under this section if the police officer is authorised in writing by the Chief Commissioner of Police for the purposes of this section.
(8)The Chief Commissioner of Police may authorise a police officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out the prescribed procedure for the provision of a sample.
(9)A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.
48SProvision of oral fluid samples for oral fluid analysis
(1)A rail safety worker required to provide a sample of oral fluid under section 48R must do so by placing the prescribed device, or the collection unit of the device, into the worker's mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the authorised person to whom the sample is being provided, a sufficient sample of oral fluid has been captured by the device or unit.
(2)An authorised person who requires a rail safety worker to provide a sample of oral fluid under section 48R may give any reasonable direction as to the physical actions that are necessary for the sample to be provided.
(3)A rail safety worker is not obliged to provide a sample of oral fluid under section 48R if more than 3 hours have passed since the worker—
(a)last carried out or attempted to carry out rail safety work; or
(b)was involved in a prescribed notifiable occurrence.
(4)The provision of a sample of oral fluid under this section must be carried out in accordance with the prescribed procedure.
(5)A rail safety worker must not be convicted or found guilty of refusing to provide under section 48R a sample of oral fluid if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against the worker.
(6)A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts.
48TPart of oral fluid sample to be delivered to rail safety worker if drugs detected
If a test of a sample of oral fluid provided under section 48R by a rail safety worker indicates, in the opinion of the authorised person who carried out the procedure in the course of which the sample was provided, that the oral fluid contains a prescribed drug, the person may—
(a)if the person who carried out the procedure was not the authorised person who required the sample to be provided, deliver a part of the sample to the person who required the sample to be provided; and
(b)deliver another part of the sample to the worker.
48URail safety worker required to provide oral fluid sample may request sample of blood to be taken
(1)This section applies if a rail safety worker is required under section 48R to provide a sample of oral fluid.
(2)The rail safety worker may request the authorised person who required the sample to arrange for the taking in the presence of an authorised person of a sample of the worker's blood for analysis at the worker's own expense by a registered medical practitioner or an approved health professional nominated by the person.
(3)Nothing in this section relieves a rail safety worker from any penalty under section 48H(1)(f) for refusing to provide a sample of oral fluid.
48VAuthorised person may require blood sample if oral fluid sample insufficient
206Injunctions for non-compliance with notices
(1)A relevant injunction granted after an application under section 82 of the T(SSCE) Act before the commencement day and that is still in effect on the commencement day is taken, on that day, to be an injunction granted after an application under section 197 of the Law.
(2)In this section—
relevant injunction means an injunction granted in relation to—
(a)a rail T(SSCE) Act improvement notice; or
(b)a rail T(SSCE) Act prohibition notice; or
(c)a rail T(SSCE) Act non‑disturbance notice.
207Enforceable undertakings
(1)This section applies if—
(a)the Safety Director has accepted an undertaking by a transitioning rail transport operator under section 83 of the T(SSCE) Act before the commencement day; and
(b)that undertaking has not been withdrawn before the commencement day.
(2)On the commencement day, the undertaking is taken to be a rail safety undertaking by the transitioning rail transport operator accepted by the Regulator under section 251 of the Law.
208Pending applications for internal review
(1)This section applies if—
(a)an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision specified in the Table (a review application); and
(b)the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day.
Table
Item Decision 1 Decision under section 33 of the T(SSCE) Act in relation to a thing seized under section 8 of that Act at T(SSCE) Act railway premises or on rolling stock 2 Decision under section 33 of the T(SSCE) Act in relation to a thing seized under a search warrant issued under section 18 of that Act in relation to an offence against a rail safety law 3 Decision under section 50 of the T(SSCE) Act to serve a rail T(SSCE) Act improvement notice 4 Decision under section 59 of the T(SSCE) Act to extend the compliance period for a rail T(SSCE) Act improvement notice 5 Decision under section 60 of the T(SSCE) Act to serve a rail T(SSCE) Act prohibition notice 6 Decision under section 71 of the T(SSCE) Act to serve a rail T(SSCE) Act non‑disturbance notice 7 Decision under section 90 of the T(SSCE) Act directing the taking of specified action following a safety report (as defined by section 90(5) of that Act) 8 Decision under section 91(2) of the T(SSCE) Act directing work be stopped, altered or not commenced 9 Decision under section 91(3) of the T(SSCE) Act directing railway operations be stopped, altered or not commenced (2)On the commencement day the review application is taken to be an application under section 216 of the Law in a form approved by the Regulator under that section and the Regulator must determine the application on and after that day in accordance with the Law.
(3)For the purposes of subsection (2)—
(a)anything done by the Safety Director under the Local Operations Act in respect of the review application before the commencement day is taken on that day to have been done by the Regulator under the Law; and
(b)the commencement day is taken to be the day on which the review application was made.
209Internal review of decision to serve clearance certificate—improvement notice
(1)This section applies if—
(a)an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision to serve a clearance certificate for a rail T(SSCE) Act improvement notice under section 56(2)(a) of that Act (the reviewable decision); and
(b)the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day.
(2)On and after the commencement day, the Regulator must complete the review in accordance with the T(SSCE) Act as if—
(a)that Act had not been amended by Part 3 of the amending Act; and
(b)a reference to the Safety Director in that Act were a reference to the Regulator.
(3)If under section 100 of the T(SSCE) Act the Regulator affirms the reviewable decision (the new decision), the rail T(SSCE) Act improvement notice is taken, on the day the new decision takes effect, to be cancelled under section 190 of the Law.
(4)If under section 100 of the T(SSCE) Act the Regulator sets aside the reviewable decision and substitutes a new decision under which no clearance certificate is issued in relation to the rail T(SSCE) Act improvement notice (the new decision), the rail T(SSCE) Act improvement notice is taken, on the day the new decision takes effect, to be an improvement notice issued under section 175 of the Law subject to all the requirements of the improvement notice.
210Internal review of decision to serve certificate—prohibition notice
(1)This section applies if—
(a)an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision to serve a certificate for a rail T(SSCE) Act prohibition notice under section 66 of that Act (the reviewable decision); and
(b)the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day.
(2)On and after the commencement day, the Regulator must complete the review in accordance with the T(SSCE) Act as if—
(a)that Act had not been amended by Part 3 of the amending Act; and
(b)a reference to the Safety Director in that Act were a reference to the Regulator.
(3)If under section 100 of the T(SSCE) Act the Regulator affirms the reviewable decision (the new decision), the rail T(SSCE) Act prohibition notice is taken, on the day the new decision takes effect, to be cancelled under section 190 of the Law.
(4)If under section 100 of the T(SSCE) Act the Regulator sets aside the reviewable decision and substitutes a new decision under which no certificate is issued in relation to the rail T(SSCE) Act prohibition notice (the new decision), the rail T(SSCE) Act prohibition notice is taken, on the day the new decision takes effect, to be a prohibition notice issued under section 179 of the Law subject to all the matters specified in the prohibition notice.
211Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day
Despite the amendments made to the T(SSCE) Act by Part 3 of the amending Act, the T(SSCE) Act continues to apply to a proceeding for an offence against a rail safety law committed before the commencement day.
Division 4—General
212Provision of information and assistance by the Safety Director to the Regulator
(1)On and after the commencement day, the Safety Director is authorised, on their own initiative or at the request of the Regulator—
(a)to provide the Regulator with such information (including information given in confidence) in the possession or control of the Safety Director that is reasonably required by the Regulator or for the purposes of the Law and this Act (as amended by the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019); and
(b)to provide the Regulator with such other assistance as is reasonably required by the Regulator to perform a function or duty or exercise a power conferred or imposed under the Law and this Act.
(2)In subsection (1), information includes health information and personal information collected by the Safety Director in the exercise or performance of a function or power under the Local Operations Act.
(3)Nothing done, or authorised to be done, by the Safety Director in acting under subsection (1)—
(a)constitutes a breach of, or default under, an Act or other law; or
(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
(d)constitutes a civil or criminal wrong; or
(e)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
(f)releases a surety or any other obligee wholly or in part from an obligation.
(4)This section applies despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006).
(5)In this section—
health information has the meaning given in section 3(1) of the Health Records Act 2001;
personal information has the meaning given in section 3(1) of the Health Records Act 2001 and section 3 of the Privacy and Data Protection Act 2014.
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 7 March 2013
Legislative Council: 21 March 2013
The long title for the Bill for this Act was "A Bill for an Act to make provision for a national system of rail safety and to make related amendments to other Acts and for other purposes."
The Rail Safety National Law Application Act 2013 was assented to on 23 April 2013 and came into operation as follows:
Sections 1–5 on 24 April 2013: section 2(1); rest of Act on 19 May 2014: Special Gazette (No. 148) 13 May 2014 page 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Rail Safety National Law Application Act 2013 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Rail Safety National Law Application Act 2013, No. 22/2013
Assent Date: 23.4.13 Commencement Date: S. 97 on 19.5.15: s. 97; s. 52 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2; s. 213(6) inserted on 2.12.19 by No. 41/2019 s. 19: Special Gazette (No. 480) 26.11.19 p. 1 Note: S. 54(4) repealed s. 52 on 19.5.16; s. 213(6) provided that s. 213 expired on 2.12.21 CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: Ss 3(Sch. 1 item 44), 4(Sch. 2 item 40) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014
Assent Date: 8.4.14 Commencement Date: S. 157 on 18.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2 CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 143) on 1.7.14: Special Gazette (No. 200) 24.6.14. p. 2 CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 40) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017
Assent Date: 19.12.17 Commencement Date: Ss 106, 107 on 31.1.18: Special Gazette (No. 443) 19.12.17 p. 2 Current State: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019
Assent Date: 26.3.19 Commencement Date: S. 36 on 27.3.19: s. 2(1) Current State: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019
Assent Date: 6.11.19 Commencement Date: Ss 4–19 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 Current State: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Transport Legislation Amendment Act 2023, No. 34/2023
Assent Date: 21.11.23 Commencement Date: S. 127(Sch. 1 item 12) on 22.11.23: s. 2(1) CurrentState: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Victorian Institute of Forensic Medicine Act 2024, No. 34/2024
Assent Date: 17.9.24 Commencement Date: Ss 58, 59 on 1.7.25: s. 2(2) Current State: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: Ss 104, 106(Sch. 1 item 36) on 6.8.25: s. 2(1) Current State: This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013
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3 Explanatory details
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