Rail Safety National Law (NSW) (NSW)
The Rail Safety National Law is applied and modified as a law of NSW by the NSW Rail Safety (Adoption of National Law) Act 2012. This version is the Law as it applies in NSW.
The Rail Safety National Law is applied (with modifications) as a law of NSW by the NSW Rail Safety (Adoption of National Law) Act 2012. This version is the Law as it applies in NSW.
This Law may be cited as the Rail Safety National Law (NSW).
This Law commences in a participating jurisdiction as provided by the application Act of the jurisdiction.
The main purpose of this Law is to provide for safe railway operations in Australia.
The objects of this Law are—
(a) to establish the Office of the National Rail Safety Regulator (the
ONRSR ); and(b) to make provision for the appointment, functions and powers of the National Rail Safety Regulator (the
Regulator ); and(c) to make provision for a national system of rail safety, including by providing a scheme for national accreditation of rail transport operators in respect of railway operations; and
(d) to provide for the effective management of safety risks associated with railway operations; and
(e) to provide for the safe carrying out of railway operations; and
(f) to provide for continuous improvement of the safe carrying out of railway operations; and
(g) to make special provision for the control of particular risks arising from railway operations; and
(h) to promote public confidence in the safety of transport of persons or freight by rail; and
(i) to promote the provision of advice, information, education and training for safe railway operations; and
(j) to promote the effective involvement of relevant stakeholders, through consultation and cooperation, in the provision of safe railway operations.
The guiding principles under this Law are—
(a) to assist rail transport operators to achieve productivity by the provision of a national scheme for rail safety; and
(b) to operate the national scheme in a timely, transparent, accountable, efficient, effective, consistent and fair way; and
(c) that fees required to be paid for the provision of the national scheme are to be reasonable having regard to the efficient and effective operation of the scheme.
The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.
In this Law, unless the contrary intention appears—
(a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b) is suspended under this Law;
(a) that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and
(b) that is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect;
(a) associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and
(b) over-track structures and under-track structures (including tunnels under tracks);
(a) a police officer; or
(b) a person appointed under section 124;
(a) a substance declared by the national regulations to be a drug for the purposes of this Law; and
(b) a substance declared under section 6 to be a drug for the purposes of this Law; and
(c) any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
(a) the NSW Police Force; or
(b) Fire and Rescue NSW; or
(b1) the Ambulance Service of NSW; or
(c) any other person or body prescribed by the regulations under the application Act for the purposes of this definition;
This definition is an additional New South Wales provision.
This definition is an additional New South Wales provision.
(a) the Health Practitioner Regulation National Law—
(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and
(ii) as it applies as a law of New South Wales or another State or a Territory; or
(b) the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a);
This definition is an additional New South Wales provision.
(a) an area where a road and a railway (other than a tramway) meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;
(b) an area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area;
(c) a pedestrian crossing—
(i) being an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or
(ii) being an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area;
This definition is an additional New South Wales provision.
(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 national regulations to be a notifiable occurrence or class of notifiable occurrence,
but does not include an accident or incident, or class of accident or incident, that is prescribed by the national regulations not to be a notifiable occurrence;
(a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;
(b) in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person;
(a) this Law applies as a law of the jurisdiction; or
(b) a law that substantially corresponds to the provisions of this Law has been enacted; or
(c) a law prescribed by the national regulations for the purposes of this definition has been enacted;
This definition is an additional New South Wales provision.
(a) a marshalling yard; or
(b) a crossing loop; or
(c) a passenger terminal; or
(d) (Repealed)
(e) a siding under the control and management of an accredited rail infrastructure manager; or
(f) a siding, or a siding of a class, prescribed by the national regulations not to be a private siding;
(a) a place that—
(i) the public is entitled to use; or
(ii) is open to members of the public; or
(iii) is used by the public,
whether or not on payment of money; or
(b) a place that the occupier allows members of the public to enter, whether or not on payment of money;
This definition is an additional New South Wales provision.
(a) the Auditor-General (however described) of a participating jurisdiction; or
(b) an auditor employed, appointed or otherwise engaged, by an Auditor-General of a participating jurisdiction;
(a) railway tracks and associated railway track structures; and
(b) service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and
(c) notices and signs; and
(d) electrical power supply and electric traction systems; and
(e) associated buildings, workshops, depots and yards; and
(f) plant, machinery and equipment,
but does not include—
(g) rolling stock; or
(h) any facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;
(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 level crossing;
(b) an area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area;
(c) an area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area;
(d) a bridge carrying a road over a railway;
(e) a bridge carrying a railway over a road;
(f) a lane of a road on which rolling stock moves alongside road vehicles on the road;
(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 national regulations to be a railway;
See section 7 for railways to which this Law does not apply.
(a) the construction of a railway, railway tracks and associated railway track structures;
(b) the construction of rolling stock;
(c) the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;
(d) the commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;
(e) 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);
(f) the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;
(g) the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;
(a) land (including any premises on land) on or in which is situated rail infrastructure; or
(b) land (including any premises on land) on or in which is situated any over-track or under-track structure or part of an over-track or under-track structure; or
(c) freight centres or depots used in connection with the carrying out of railway operations; or
(d) workshops or maintenance depots used in connection with the carrying out of railway operations; or
(e) premises (including an office, building or housing) used in connection with the carrying out of railway operations; or
(f) rolling stock or other vehicles associated with railway operations; or
(g) any other rail workplace;
(a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b) is suspended under this Law;
This definition is an additional New South Wales provision.
This definition is an additional New South Wales provision.
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a road; and
(e) any traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and
(f) anything prescribed by the national regulations to be road infrastructure,
but does not include rail infrastructure or anything that is prescribed by the national regulations not to be road infrastructure;
(a) in relation to a private road—means the owner, or other person responsible for the care, control and management, of the road; or
(b) in relation to a public road—means an authority, person or body responsible for the care, control or management of the road;
This definition is an additional New South Wales provision.
This definition is an additional New South Wales provision.
(a) in relation to goods—supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent; or
(b) in relation to services—provide, grant or confer, whether as principal or agent;
(a) this Law as it applies as a law of a participating jurisdiction; or
(b) a law of a participating jurisdiction that—
(i) substantially corresponds to the provisions of this Law; or
(ii) is prescribed by the national regulations for the purposes of paragraph (c) of the definition of
participating jurisdiction ;
(a) 2 or more units of rolling stock coupled together, at least 1 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) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or
(b) an association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law.
In this Law—
(a) a reference to
this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and(b) a reference to the
responsible Ministers is a reference to a group of Ministers consisting of—(i) the responsible Minister for each participating jurisdiction; and
(ii) a Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the
Commonwealth Minister ).
The Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation.
In this Law, a reference to a
(a) in sections 197 and 255, is a reference to the District Court; and
(b) in section 217, in relation to a decision set out in items 1–23, 30 and 32–39 of the table to section 215(1), is a reference to the Civil and Administrative Tribunal; and
(c) in section 217, in relation to a decision set out in items 24–29 and 31 of the table to section 215(1), is a reference to the Industrial Relations Commission.
This subsection is an additional New South Wales provision.
Schedule 2 to this Law applies in relation to this Law.
The responsible Ministers may declare a substance to be a drug for the purposes of this Law.
A declaration under subsection (1)—
(a) is to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and
(b) will commence on the day specified in the declaration for its commencement (being not earlier than the date it is published); and
(c) is to be published by ONRSR on its website.
This Law does not apply to or in relation to—
(a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or
(b) a slipway; or
(c) a railway used only to guide a crane; or
(d) an aerial cable operated system; or
(e) a railway used only by a horse-drawn tram; or
(f) a railway used only for a static display; or
(g) any other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply.
This Law does not apply to or in relation to the following railways—
(a) a railway that—
(i) is privately owned and operated as a hobby; and
(ii) is operated only on private property; and
(iii) does not operate on or cross a public road; and
(iv) is not operated for hire or reward, or provided on hire or lease; and
(v) to which members of the public do not have access (whether by invitation or otherwise);
(b) a railway that—
(i) is used only for the purposes of an amusement structure; and
(ii) is operated only within an amusement park; and
(iii) does not operate on or cross a public road; and
(iv) is not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law.
Despite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies.
Subject to subsection (2), any of the following classes of work is
(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) constructing, 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, including checking that the rail infrastructure is working properly before being used;
(e) installation of components in relation to rolling stock;
(f) work on or about rail infrastructure or associated works or equipment that places, or may place, the person performing the work at risk of exposure to moving rolling stock;
(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, any rolling stock using rail infrastructure or 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 national regulations to be rail safety work.
For the purposes of this Law,
It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is 1 single national entity, with functions conferred by this Law as so applied.
An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.
An entity established by this Law may exercise its functions in relation to—
(a) 1 participating jurisdiction; or
(b) 2 or more or all participating jurisdictions collectively.
In this section, a reference to this Law as applied by an Act of a jurisdiction includes—
(a) a reference to a law that substantially corresponds to this Law enacted in a jurisdiction; and
(b) a law prescribed by the national regulations for the purposes of the definition of a
participating jurisdiction .
It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—
(a) things situated in or outside the territorial limits of this jurisdiction;
(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;
(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.
This Law binds the Crown, in right of this jurisdiction and, insofar as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.
The Office of the National Rail Safety Regulator (
ONRSR—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
ONRSR represents the Crown.
In addition to any other function conferred on ONRSR by this Law or an Act, ONRSR has the following functions—
(a) to administer, audit and review the accreditation regime under this Law;
(b) to work with rail transport operators, rail safety workers, and others involved in railway operations, to improve rail safety nationally;
(c) to conduct research, collect and publish information relating to rail safety;
(d) to provide, or facilitate the provision of, advice, education and training in relation to rail safety;
(e) to monitor, investigate and enforce compliance with this Law;
(f) to engage in, promote and coordinate the sharing of information to achieve the objects of this Law, including the sharing of information with a prescribed authority;
(g) at the request of the Commonwealth or a jurisdiction—to carry out any other function as agreed between ONRSR and the jurisdiction.
In exercising its functions, ONRSR must—
(a) facilitate the safe operations of rail transport in Australia; and
(b) exhibit independence, rigour and excellence in carrying out its regulatory functions; and
(c) promote safety and safety improvement as a fundamental objective in the delivery of rail transport in Australia.
In this section—
(a) the Australian Transport Safety Bureau established under the Transport Safety Investigation Act 2003 of the Commonwealth; and
(ab) Rail Industry Safety and Standards Board (RISSB) Limited; and
(b) any other relevant authority established under a law of a participating jurisdiction.
Except as provided under this Law or an Act, ONRSR is not subject to Ministerial direction in the exercise of its functions or powers.
ONRSR has all the powers of an individual and, in particular, may—
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with, real and personal property; and
(c) do anything necessary or convenient to be done in the exercise of its functions.
Without limiting subsection (1), ONRSR may enter into an agreement (a
(a) the State or Territory to provide services to ONRSR that assist ONRSR in exercising its functions; or
(b) ONRSR to provide services to the State or Territory.
ONRSR consists of—
(a) a person appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers as the National Rail Safety Regulator (the
Regulator ); and(b) 2 non-executive members (full-time or part-time) as are appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.
The exercise of a function or power of ONRSR is not affected by a vacancy in the membership of ONRSR.
A person may be appointed as the National Rail Safety Regulator who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR’s functions.
The Regulator will be appointed for a term not exceeding 5 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.
The Regulator is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time.
In setting the remuneration and allowances for the Regulator, regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time.
At the expiration of a term of appointment, the Regulator will be eligible for reappointment.
The conditions of appointment of the Regulator must not, without the consent of the Regulator, be varied while the Regulator is in office so as to become less favourable to the Regulator.
The Regulator must not engage, without the written consent of the South Australian Minister acting on the unanimous recommendation of the responsible Ministers, in any other remunerated employment.
The South Australian Minister may appoint an Acting National Rail Safety Regulator (who may, or may not, be a non-executive member or a member of the staff of ONRSR) to act in the office of the Regulator and a person so appointed has, while so acting, all the functions and powers of the Regulator.
An Acting Regulator may act in the office of the Regulator—
(a) during a vacancy in the office of the Regulator (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Regulator—
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to exercise the duties of the office; or
(c) if the Regulator is disqualified from acting in relation to a particular matter—in relation to that matter.
Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) there is a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
The functions of the Regulator include—
(a) being the chief executive of ONRSR; and
(b) exercising the functions of ONRSR conferred on the Regulator under this Law or an Act; and
(c) otherwise acting on behalf of ONRSR in appropriate cases.
An act of the Regulator will be taken to be an act of ONRSR.
Except as provided under this Law or an Act of a participating jurisdiction, the Regulator is not subject to direction in the exercise of his or her functions or powers.
The Regulator must act consistently with the policies determined by ONRSR.
This section applies if the Regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Law or that will assist to monitor or enforce compliance with this Law.
The Regulator may, by written notice served on the person, require the person to do 1 or more of the following—
(a) to give the Regulator in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge;
(b) to produce to the Regulator, in accordance with the notice, those documents;
(c) to appear before a person appointed by the Regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.
The notice must—
(a) state that the requirement is made under this section; and
(b) contain a statement to the effect that a failure to comply with a requirement is an offence; and
(c) if the notice requires the person to provide information or documents or answer questions—
(i) contain a statement about the effect of sections 155 and 245; and
(ii) state that the person may attend with a legal practitioner.
(Repealed)
A person must not, without reasonable excuse, fail to comply with a requirement under this section.
Maximum penalty—
(a) in the case of an individual—$10 000;
(b) in the case of a body corporate—$50 000.
Subsection (5) places an evidential burden on the accused to show a reasonable excuse.
Section 155 (with any necessary changes) applies to a requirement under this section.
A person may be appointed as a non-executive member of ONRSR who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR’s functions.
A non-executive member will be appointed for a term not exceeding 4 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.
A non-executive member is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time.
In setting the remuneration and allowances for a non-executive member regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time.
At the expiration of a term of appointment, a non-executive member will be eligible for reappointment.
The conditions of appointment of a non-executive member must not, without the consent of the member, be varied while the member is in office so as to become less favourable to the member.
The office of a member of ONRSR becomes vacant if the member—
(a) completes a term of office; or
(b) resigns by written notice given to the responsible Ministers; or
(c) has been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or
(e) is absent, without leave first being granted by the relevant entity from 3 or more consecutive meetings of ONRSR of which reasonable notice has been given to the member personally or by post; or
(f) is removed from office by the South Australian Minister under this section; or
(g) dies.
The South Australian Minister may remove a member of ONRSR from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member’s functions as a member of ONRSR.
In this section—
(a) for the Regulator—the responsible Ministers; or
(b) for a non-executive member—the Regulator.
A member of ONRSR must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event—
(a) the member is convicted of an offence;
(b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit.
If the office of a member of ONRSR becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by reappointment of the member or appointment of a successor to the member.
However, this section ceases to apply to the member if—
(a) the member resigns the member’s office by signed notice given to the responsible Ministers; or
(b) the responsible Ministers decide the services of the member are no longer required.
The maximum period for which a member of ONRSR is taken to continue to be a member under this section after completion of the member’s term of office is 6 months.
A member of ONRSR is to act impartially and in the public interest in the exercise of the member’s functions as a member.
If a member of ONRSR has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member, the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest and the conflict to—
(a) for the Regulator—the responsible Ministers; or
(b) for a non-executive member—the Regulator.
If a disclosure is made under subsection (1), the entity to whom the disclosure is made must notify ONRSR of the disclosure.
Particulars of any disclosure made under subsection (1) must be recorded by ONRSR in a register of interests kept for the purpose.
After a member of ONRSR has disclosed the nature of an interest and conflict or potential conflict under subsection (1), the member must not be present during any deliberation of ONRSR with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of ONRSR with respect to any matter that is, or may be, affected by the conflict, unless—
(a) for the Regulator, the responsible Ministers otherwise decide; or
(b) for a non-executive member, ONRSR otherwise decides.
For the purposes of the making of a decision by ONRSR under subsection (4) in relation to a matter, a member of ONRSR who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member’s functions as a member with respect to the matter must not—
(a) be present during any deliberation of ONRSR for the purpose of making the decision; or
(b) take part in the making of the decision by ONRSR.
A contravention of this section does not invalidate any decision of ONRSR but if ONRSR becomes aware a member of ONRSR contravened this section, ONRSR must reconsider any decision made by ONRSR in which the member took part in contravention of this section.
The Regulator must hold such meetings as he or she considers necessary for the efficient exercise of ONRSR’s functions.
Meetings are to be held at such times and places as the Regulator decides.
The Regulator is to preside at all meetings of ONRSR at which he or she is present.
If the Regulator is not present at a meeting, a person appointed to act as the Regulator must be present and preside.
A quorum of ONRSR consists of 2 members.
A decision supported by a majority of the votes cast at a meeting of ONRSR at which a quorum is present is the decision of ONRSR.
The person presiding at a meeting of ONRSR has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Subject to this Division, ONRSR may regulate its own procedures.
ONRSR must ensure that minutes of its meetings are kept.
A decision of ONRSR is not invalidated by any defect or irregularity in the appointment of a member.
A decision is taken to have been made at a meeting of ONRSR if—
(a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined under this section; and
(b) all members were informed, or reasonable efforts were made to inform all members, of the proposed decision.
Subsection (1) applies only if ONRSR—
(a) has determined that it applies; and
(b) has determined the method by which members are to indicate agreement with proposed decisions.
ONRSR must keep a record of decisions made under this section.
The common seal of ONRSR must not be affixed to a document except in pursuance of a decision of ONRSR, and the affixing of the seal must be attested by the signature of the Regulator or Acting Regulator.
ONRSR may, by instrument under ONRSR’s common seal, authorise an employee of ONRSR (whether nominated by name or by office or title) or any other person to execute documents on behalf of ONRSR subject to conditions and limitations (if any) specified in the instrument of authority.
Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of ONRSR.
A document is duly executed by ONRSR if—
(a) the common seal of ONRSR is affixed to the document in accordance with this section; or
(b) the document is signed on behalf of ONRSR by a person or persons in accordance with an authority conferred under this section.
Where an apparently genuine document purports to bear the common seal of ONRSR, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of ONRSR has been duly affixed to that document.
The National Rail Safety Regulator Fund is established.
The Fund is to be administered by ONRSR.
ONRSR may establish accounts with any financial institution for money in the Fund.
The Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.
There is payable into the Fund—
(a) all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and
(b) all fees, charges, costs and expenses paid to or recovered by ONRSR under this Law; and
(ba) all infringement penalties paid to or recovered by ONRSR; and
(bb) all portions of fines paid to ONRSR by order of a court under section 260A; and
(c) the proceeds of the investment of money in the Fund; and
(d) all grants, gifts and donations made to ONRSR, but subject to any trusts declared in relation to the grants, gifts or donations; and
(e) all money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and
(f) any other money or property received by ONRSR in connection with the exercise of its functions; and
(g) any money paid to ONRSR for the provision of services to a State or Territory under an agreement mentioned in section 15(2)(b).
Payments may be made from the Fund for the purpose of—
(a) paying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including (for example) payments made to a State or Territory for the provision of services under an agreement mentioned in section 15(2)(a); and
(b) paying any money directed or authorised to be paid out of the Fund under this Law; and
(c) any other payments recommended by ONRSR and approved by the responsible Ministers.
ONRSR must invest its funds in a way that is secure and provides a low risk so that ONRSR’s exposure to the loss of funds is minimised.
ONRSR must keep records that show it has invested in a way that complies with subsection (1).
ONRSR must—
(a) ensure its operations are carried out efficiently, effectively and economically; and
(b) keep proper books and records in relation to the Fund and other money received by ONRSR; and
(c) ensure expenditure is made from the Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and
(d) ensure its procedures, including internal control procedures, afford adequate safeguards with respect to—
(i) the correctness, regularity and propriety of payments made from the Fund; and
(ii) receiving and accounting for payments made to the Fund; and
(iii) prevention of fraud or mistake; and
(e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and
(f) take any action necessary to facilitate the audit of those financial statements under this Law; and
(g) arrange for any further audit by a qualified person of the books and records kept by ONRSR in relation to the Fund, if directed to do so by the responsible Ministers.
The Regulator is the chief executive of ONRSR responsible for—
(a) the day to day management of ONRSR; and
(b) carrying out any other function conferred on the chief executive under this Law, an Act or by ONRSR.
The chief executive must act consistently with the policies determined by ONRSR.
ONRSR may, for the purpose of exercising its functions, employ staff.
The staff of ONRSR are to be employed on the terms and conditions decided by ONRSR from time to time.
Subsection (2) is subject to any relevant industrial award or agreement that applies to the staff.
ONRSR may make arrangements for the services of a person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth to be made available to ONRSR in connection with the exercise of its functions.
ONRSR may engage persons with suitable qualifications and experience as consultants or contractors.
The terms and conditions of engagement of consultants or contractors are as decided by ONRSR from time to time.
The responsible Minister for a participating jurisdiction may give a written direction to the Regulator to investigate, or provide advice or information about, a rail safety matter relating to the participating jurisdiction.
A direction may not be given under this section—
(a) that directs the Regulator as to how to conduct an investigation into a rail safety matter; or
(b) that directs the Regulator as to which persons the Regulator may request or direct to provide assistance in investigating a rail safety matter; or
(c) about the outcome of any such investigation; or
(d) that directs the Regulator to stop any such investigation.
The Regulator must cause a direction given under this section to be published in ONRSR’s next annual report.
The Regulator must establish and maintain the National Rail Safety Register for the purposes of this Law.
The Regulator must ensure that the following matters are recorded in the Register—
(a) the accreditation of a rail transport operator under Part 3 Division 4;
(b) the variation, cancellation, suspension or expiry of the accreditation of a rail transport operator under Part 3 Division 4;
(ba) the rail transport operators determined by the Regulator to be tourist and heritage railway operators for the purposes of section 76(1a)(a) (Annual fees) and section 95(1a)(b) (Annual fees) of the Law;
(c) the registration of a rail infrastructure manager of a private siding under Part 3 Division 5;
(d) the variation, cancellation, suspension or expiry of the registration of a rail infrastructure manager of a private siding under Part 3 Division 5;
(e) an exemption from this Law or specified provisions of this Law conferred on a person and details of the exemption;
(f) a decision to accept a rail safety undertaking and the reasons for that decision under Part 10 Division 6;
(g) a decision to withdraw or vary a rail safety undertaking under Part 10 Division 6;
(h) the issuing of an improvement notice to a person;
(i) the variation, cancellation or expiry of an improvement notice;
(j) the issuing of a prohibition notice to a person;
(k) the variation, cancellation or expiry of a prohibition notice;
(l) the issuing of a non-disturbance notice to a person;
(m) the variation, cancellation or expiry of a non-disturbance notice;
(n) any other matter that is prescribed in the national regulations to be included in the Register.
The Register will be kept in the form of a computer record and published on ONRSR’s website.
The Register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Regulator.
The Regulator must, on or before 30 September in each year, deliver to the responsible Ministers a report on ONRSR’s activities for the financial year ending on the preceding 30 June.
The annual report must include—
(a) information on the development of rail safety (including an aggregation of statistics of a prescribed class reported to ONRSR under this Law for the relevant financial year); and
(b) information on any improvements and important changes in relation to the regulation of rail safety for the relevant financial year; and
(c) details of all rail safety issues brought to the attention of ONRSR during the relevant financial year and the action (if any) taken in relation to each such issue; and
(d) if, at the start of the relevant financial year, there are still outstanding any rail safety issues that previously had been brought to the attention of ONRSR—details of the action (if any) taken in respect of each such issue; and
(e) details about any significant activity undertaken in each participating jurisdiction during the relevant financial year by, or on behalf of, ONRSR; and
(f) the financial statement in respect of the relevant financial year; and
(g) the report on the financial statement made by the auditor who conducted the audit; and
(h) any other information required to be included in the report by another provision under this Law or by the responsible Ministers.
The national regulations may make provision in relation to the preparation and auditing of financial statements.
The responsible Ministers must make arrangements for the tabling of ONRSR’s annual report in the Parliament of each participating jurisdiction.
The responsible Ministers may extend, or further extend, the period for submission of an annual report to the responsible Ministers by a total period of up to 3 months.
As soon as practicable after the annual report has been tabled in at least 1 House of the Parliament of a participating jurisdiction, the Regulator must publish a copy of the report on ONRSR’s website.
The national regulations may require ONRSR to deliver to a prescribed body or person, at prescribed intervals, a report containing prescribed matters.
ONRSR may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of ONRSR under this Law or an Act.
The Regulator may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Regulator under this Law or an Act.
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
A duty imposed on a person under this Law to ensure, so far as is reasonably practicable, 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 Part—
(a) the likelihood of the hazard or the risk concerned occurring; and
(b) the degree of harm that might result from the hazard or the risk; and
(c) what the person concerned knows, or ought reasonably to know, about—
(i) the hazard or 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).
If a provision of the occupational health and safety legislation applies to railway operations, that provision continues to apply, and must be observed, in addition to this Law.
If a provision of this Law is inconsistent with a provision of the occupational health and safety legislation, the provision of the occupational health and safety legislation prevails to the extent of any inconsistency.
For example, if a provision of this Law deals with a certain matter and a provision of the occupational health and safety legislation deals with the same matter and it is impossible to comply with both provisions, a person must comply with the occupational health and safety legislation and not with this Law. If provisions of both this Law and the occupational health and safety legislation deal with the same matter but it is possible to comply with both provisions, a person must comply with both.
Compliance with this Law or with any requirement imposed under this Law is not in itself a defence in any proceedings for an offence against the occupational health and safety legislation.
Evidence of a relevant contravention of this Law is admissible in any proceedings for an offence against the occupational health and safety legislation.
Where an act or omission constitutes an offence—
(a) under this Law; and
(b) under the occupational health and safety legislation,
the offender is not liable to be punished twice in respect of the offence.
Rail safety is the shared responsibility of—
(a) rail transport operators; and
(b) rail safety workers; and
(c) other persons who—
(i) design, commission, construct, manufacture, supply, install, erect, maintain, repair, modify or decommission rail infrastructure or rolling stock; or
(ii) supply rail infrastructure operations or rolling stock operations to rail operators; or
(iii) in relation to the transport of freight by railway—load or unload freight on or from rolling stock; and
(d) the Regulator; and
(e) ONRSR; and
(f) the public.
The level and nature of responsibility that a person referred to in subsection (1), or falling within a class of person referred to in that subsection, has for rail safety is dependent on the nature of the risk to rail safety that the person creates from the carrying out of an activity (or the making of a decision) and the capacity that person has to control, eliminate or mitigate those risks.
The persons and classes of persons referred to in subsection (1) should—
(a) participate in or be able to participate in; and
(b) be consulted on; and
(c) be involved in the formulation and implementation of,
measures to manage risks to safety associated with railway operations.
Managing risks associated with the carrying out of rail infrastructure operations or rolling stock operations is the responsibility of the person best able to control those risks.
If approaches to managing risks associated with any particular railway have potential impacts on any other railway or a railway network of which the railway is a part, the best practicable rail safety outcome should be sought.
A duty under this Law cannot be transferred to another person.
A person can have more than 1 duty under this Law by virtue of being in more than 1 class of duty holder.
More than 1 person can concurrently have the same duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.
If more than 1 person has a duty for the same matter, each person—
(a) retains responsibility for the person’s duty in relation to the matter; and
(b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).
A rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator’s railway operations.
Without limiting subsection (1), a rail transport operator must ensure, so far as is reasonably practicable—
(a) that safe systems for the carrying out of the operator’s railway operations are developed and implemented; and
(b) that each rail safety worker who is to perform rail safety work in relation to the operator’s railway operations—
(i) is of sufficient good health and fitness to carry out that work safely; and
(ii) is competent to undertake that work; and
(c) that rail safety workers do not carry out rail safety work in relation to the operator’s railway operations, and are not on duty, while impaired by alcohol or a drug; and
(d) that rail safety workers who perform rail safety work in relation to the operator’s railway operations do not carry out rail safety work while impaired by fatigue or if they may become so impaired; and
(e) the provision of adequate facilities for the safety of persons at any railway premises under the control or management of the operator; and
(f) the provision of—
(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 must ensure, so far as is reasonably practicable—
(a) the provision or maintenance of rail infrastructure that is safe; and
(b) that any design, construction, commissioning, use, installation, modification, maintenance, repair or decommissioning of the manager’s rail infrastructure is done or carried out in a way that ensures the safety of railway operations; and
(c) that systems and procedures for the scheduling, control and monitoring of railway operations are established and maintained so as to ensure the safety of the manager’s railway operations; and
(d) that communications systems and procedures are established and maintained so as to ensure the safety of the manager’s railway operations.
Without limiting subsection (1), a rolling stock operator must ensure, so far as is reasonably practicable—
(a) the provision or maintenance of rolling stock that is safe; and
(b) that any design, construction, commissioning, use, modification, maintenance, repair or decommissioning of the operator’s rolling stock is done or carried out in a way that ensures safety; and
(c) compliance with the 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; and
(d) that equipment, procedures and systems are established and maintained so as to minimise risks to the safety of the operator’s railway operations; and
(e) that arrangements are made for ensuring safety in connection with the use, operation and maintenance of the operator’s rolling stock; and
(f) that communications systems and procedures are established and maintained so as to ensure the safety of the operator’s railway operations.
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—
(a) who designs, commissions, manufactures, supplies, installs or erects any thing; and
(b) who knows, or ought reasonably to know, that the thing is to be used as or in connection with rail infrastructure or rolling stock,
must—
(c) ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected; and
(d) ensure, so far as is reasonably practicable, that such testing and examination of the thing as may be necessary for compliance with this section is carried out; and
(e) 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 (d); and
(iii) any conditions necessary to ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.
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 that subsection to the person who supplies that thing is instead taken to be a reference to the third person.
A person who decommissions any rail infrastructure or rolling stock must ensure, so far as is reasonably practicable—
(a) that the decommissioning is carried out safely; and
(b) such testing and examination as may be necessary for compliance with this section is carried out.
A person who loads or unloads freight on or from rolling stock in relation to the transport of the freight by railway must ensure, so far as is reasonably practicable, that the loading or unloading is carried out safely and so as to ensure the safe operation of the rolling stock.
If a person has a duty or obligation under this Law, an officer of the person must exercise due diligence to ensure that the person complies with that duty or obligation.
An officer of a person referred to in subsection (1) may be convicted or found guilty of an offence under this Law relating to a duty under this section whether or not the person has been convicted or found guilty of an offence under this Law relating to the duty or obligation.
In this section—
(a) to acquire and keep up-to-date knowledge of rail safety matters; and
(b) to gain an understanding of the nature of the railway operations of the person and, generally, of the risks associated with those operations; and
(c) to ensure that the person has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety from the railway operations of the person; and
(d) to ensure that the person has appropriate processes for receiving and considering information regarding incidents and risks and responding in a timely way to that information; and
(e) to ensure that the person has, and implements, processes for complying with any duty or obligation of the person under this Law; and
(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).
A rail safety worker must, when carrying out rail safety work—
(a) take reasonable care for his or her own safety; and
(b) take reasonable care that his or her acts or omissions do not adversely affect the safety of other persons; and
(c) comply, so far as the worker is reasonably able, with any reasonable instruction given by the rail transport operator to allow the operator to comply with this Law.
A rail safety worker must not, when carrying out rail safety work, intentionally or recklessly interfere with or misuse anything provided to the worker by the rail transport operator—
(a) in the interests of safety; or
(b) under this Law.
A rail safety worker must not, when carrying out rail safety work, wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.
For the purposes of subsection (1)(a) or (b), in determining whether a rail safety worker failed to take reasonable care, regard must be had as to what the worker knew about the relevant circumstances.
In this Subdivision—
A person commits a Category 1 offence if—
(a) the person has a safety duty; and
(b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and
(c) the person is reckless as to the risk to an individual of death or serious injury or illness.
Maximum penalty—
(a) in the case of an individual—$300 000 or imprisonment for 5 years, or both;
(b) in the case of a body corporate—$3 000 000.
The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
A person commits a Category 2 offence if—
(a) the person has a safety duty; and
(b) the person fails to comply with that duty; and
(c) the failure exposes an individual to a risk of death or serious injury or illness.
Maximum penalty—
(a) in the case of an individual—$150 000;
(b) in the case of a body corporate—$1 500 000.
A person commits a Category 3 offence if—
(a) the person has a safety duty; and
(b) the person fails to comply with that duty.
Maximum penalty—
(a) in the case of an individual—$50 000;
(b) in the case of a body corporate—$500 000.
The purpose of accreditation of a rail transport operator in respect of railway operations is to attest that the rail transport operator has demonstrated to the Regulator the competence and capacity to manage risks to safety associated with those railway operations.
A person must not carry out any railway operations unless the person—
(a) is a rail transport operator who—
(i) is accredited under this Part in respect of those operations; or
(ii) is exempt under this Law from compliance with this section in respect of those operations; or
(b) is carrying out those operations for or on behalf of—
(i) a rail transport operator who is accredited under this Part in respect of those operations; or
(ii) a rail transport operator who is exempt under this Law from compliance with this section in respect of those operations; or
(c) is exempt under this Law from compliance with this section in respect of those operations.
Maximum penalty—
(a) in the case of an individual—$150 000;
(b) in the case of a body corporate—$1 500 000.
If a body corporate and related bodies corporate are involved, an exemption may be given so that only 1 of the bodies need be accredited (
Subsection (1) does not apply to a rail safety worker, not being a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who—
(a) is accredited under this Part; or
(b) is exempt under this Law from compliance with this section,
in relation to that rail safety work.
Accreditation may be granted to a rail transport operator for any 1 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 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 accreditation;
(c) for specified railway operations to permit any 1 or more of the following—
(i) construction of rail infrastructure;
(ii) restoration or repair work;
(iii) testing of railway tracks or other infrastructure;
(iv) other activities relating to railway operations considered appropriate by the Regulator and specified in the accreditation.
Accreditation may be granted for railway operations carried out, or proposed to be carried out, in 1 or more jurisdictions by a rail transport operator.
If the applicant so requests, accreditation may be granted for a specified period only.
A rail transport operator may apply to the Regulator 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 Regulator and—
(a) must specify the scope and nature of the railway operations in respect of which accreditation is sought; and
(b) must include a description of the safety management system (including a description of the measures to be taken to manage identified risks) relating to those railway operations; and
(c) must contain the prescribed information; and
(d) must be accompanied by the application fee prescribed by the national regulations.
The Regulator may require a rail transport operator who has applied for accreditation—
(a) to supply further information requested by the Regulator; and
(b) to verify by statutory declaration any information supplied to the Regulator.
If the Regulator, on receiving an application for accreditation, is of the opinion that the scope and nature of the railway operations in respect of which accreditation is sought is such that the scale and complexity of the regulatory oversight that will be required by the Regulator in respect of the operations will be significant, the Regulator—
(a) must notify the rail transport operator in writing—
(i) that, in addition to the application fee referred to in subsection (2)(d), the Regulator is considering charging the operator the application (complex operations) fee prescribed by the national regulations; and
(ii) that the operator may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the application (complex operations) fee should not be charged; and
(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
If the Regulator proceeds with a decision to charge a rail transport operator the application (complex operations) fee, the Regulator must notify the operator of that fact and include in the notice—
(a) the reasons why the Regulator is charging the fee; and
(b) the date on or before which the fee is to be paid; and
(c) information about the right of review under Part 7.
The Regulator must not grant accreditation to an applicant unless satisfied that the applicant has demonstrated—
(a) that the applicant is, or is to be, a rail infrastructure manager or rolling stock operator in respect of the railway operations for which accreditation is sought; and
(b) that the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought; and
(c) that the applicant—
(i) has the competence and capacity to implement the proposed safety management system; and
(ii) has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and
(iii) has met the consultation requirements set out in Division 6 in relation to the applicant’s safety management system; and
(iv) has complied with the requirements prescribed by the national regulations (if any) for the purposes of this section.
If the Regulator—
(a) receives applications from 2 or more rail transport operators for accreditation; and
(b) believes that coordinated preparation of the applications is necessary to ensure railway operations of the applicants are carried out safely,
the Regulator may give a direction in writing to each of the applicants to coordinate their applications (a
A coordination direction—
(a) may be given to rail transport operators carrying out, or proposing to carry out, railway operations in different jurisdictions; and
(b) may require each rail transport operator subject to the direction to provide to each other rail transport operator subject to the direction information concerning any circumstances in relation to the carrying out of railway operations by the first mentioned operator that could constitute a risk to safety in relation to the carrying out of railway operations by another operator subject to the direction.
A rail transport operator to whom a coordination direction has been given under this section must comply with the direction.
Maximum penalty—
(a) in the case of an individual—$5 000;
(b) in the case of a body corporate—$25 000.
A rail transport operator who has coordinated the preparation of an application with other rail transport operators in accordance with a coordination direction under this section must include in the application reference to—
(a) information given by the operator to each other operator subject to the direction; and
(b) information given to the operator by each other operator subject to the direction.
Maximum penalty—
(a) in the case of an individual—$5 000;
(b) in the case of a body corporate—$25 000.
Subject to this section, the Regulator must, within the relevant period—
(a) if the Regulator is satisfied as to the matters referred to in section 65 and (if applicable) section 66—notify the applicant that accreditation has been granted, with or without conditions or restrictions; or
(b) if the Regulator is not so satisfied—notify the applicant that the application has been refused.
Accreditation under this Law is subject to—
(a) any conditions or restrictions prescribed by the national regulations for the purposes of this section that are applicable to the accreditation; and
(b) any other condition or restriction imposed on the accreditation by the Regulator.
Before imposing a condition or restriction on the accreditation of an applicant, the Regulator must, if the imposition of the intended condition or restriction is likely to result in significant costs or expenses to the applicant or any other person—
(a) conduct or cause to be conducted a cost-benefit analysis of the effect of imposing the intended condition or restriction on the accreditation; and
(b) consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the imposition of the intended condition or restriction on the accreditation.
Notification under this section—
(a) must be in writing and given to the applicant; and
(b) if accreditation has been granted, must specify—
(i) the prescribed details of the applicant; and
(ii) the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the accreditation is granted; and
(iii) any condition or restriction imposed by the Regulator under this section on the grant of accreditation; and
In this Law—
(a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and
(b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.
In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.
If a provision of this Law refers—
(a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or
(b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only 1 Schedule to this Law, is a reference to the Schedule; or
(c) to a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—
(i) the Division, designated by the number, of the Part in which the reference occurs; and
(ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and
(iii) the subsection, designated by the number, of the section in which the reference occurs; and
(iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and
(v) the paragraph, designated by the number, of the section, subsection, item, column, table or form of or in the Schedule in which the reference occurs; and
(vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and
(vii) the subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and
(viii) the clause, section, subsection, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,
as the case requires.
In this Law, a reference to a portion of this Law or an Act includes—
(a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and
(b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.
A reference to “sections 5 to 9” includes both section 5 and section 9. It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.
If this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.
If this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned.
If this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body.
If this Law authorises or requires the making of an instrument or decision—
(a) the power includes power to amend or repeal the instrument or decision; and
(b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.
If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—
(a) an Act or statutory instrument; or
(b) another document (whether of the same or a different kind), as in force at a particular time or as in force from time to time.
If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.
A statutory instrument may—
(a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or
(b) apply generally to all persons, matters or things or be limited in its application to—
(i) particular persons, matters or things; or
(ii) particular classes of persons, matters or things; or
(c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.
A statutory instrument may—
(a) apply differently according to different specified factors; or
(b) otherwise make different provision in relation to—
(i) different persons, matters or things; or
(ii) different classes of persons, matters or things.
A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.
If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.
If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.
A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.
A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.
All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.
A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.
If this Law authorises or requires a person or body—
(a) to appoint a person to an office; or
(b) to appoint a person or body to exercise a power; or
(c) to appoint a person or body to do another thing,
the person or body may make the appointment by—
(d) appointing a person or body by name; or
(e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.
An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.
If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—
(a) a person by name; or
(b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned,
to act in the office.
The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.
The appointer may—
(a) determine the terms and conditions of the appointment, including remuneration and allowances; and
(b) terminate the appointment at any time.
The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.
The appointee must not act for more than 1 year during a vacancy in the office.
If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—
(a) the appointer otherwise directs; or
(b) the vacancy is filled; or
(c) the end of a year from the day of the vacancy,
whichever happens first.
The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.
While the appointee is acting in the office—
(a) the appointee has all the powers and functions of the holder of the office; and
(b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.
Anything done by or in relation to a person purporting to act in the office is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) the appointment had ceased to have effect; or
(c) the occasion for the person to act had not arisen or had ceased.
If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.
If this Law authorises or requires a person or body to appoint a person to an office—
(a) the power may be exercised from time to time as occasion requires; and
(b) the power includes—
(i) power to remove or suspend, at any time, a person appointed to the office; and
(ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and
(iii) power to reinstate or reappoint a person removed or suspended; and
(iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and
(v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).
The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.
The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.
An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.
If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—
(a) a person or body by name; or
(b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.
The delegation may—
(a) be general or limited; and
(b) be made from time to time; and
(c) be revoked, wholly or partly, by the delegator.
The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.
A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.
The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.
A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.
A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.
If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.
If—
(a) the delegator is a specified officer or the holder of a specified office; and
(b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office,
then—
(c) the delegation continues in force; and
(d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.
If—
(a) the delegator is a body; and
(b) there is a change in the membership of the body,
then—
(c) the delegation continues in force; and
(d) the body as constituted for the time being is taken to be delegator for the purposes of this clause.
If a function is delegated to a specified officer or the holder of a specified office—
(a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and
(b) the function may be exercised by the person for the time being occupying or acting in the office concerned.
A function that has been delegated may, despite the delegation, be exercised by the delegator.
The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.
Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.
If this Law authorises the delegation of a function, the function may be subdelegated only if this Law expressly authorises the function to be subdelegated.
If a provision of this Law (the
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing,
then—
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,
before the empowering provision commences.
If a provision of a South Australian Act (the
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative character; or
(c) to do another thing,
then—
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,
before the empowering provision commences.
If—
(a) this Law has commenced and confers a power to make a statutory instrument (the
basic instrument-making power ); and(b) a provision of a South Australian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the
additional instrument-making power ),
then—
(c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and
(d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).
If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—
(a) enabling the exercise of a power mentioned in the subclause; or
(b) bringing an appointment, instrument or other thing made or done under such a power into effect,
the instrument or provision takes effect—
(c) on the making of the instrument; or
(d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.
If—
(a) an appointment is made under subclause (1) or (2); or
(b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),
the appointment, instrument or provision takes effect—
(c) on the commencement of the relevant empowering provision; or
(d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.
Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.
After the enactment of a provision mentioned in subclause (1) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.
In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.
In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.
If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—
(a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and
(b) in any other case—by including the day on which the purpose is to be fulfilled.
If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.
If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.
If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.
If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.
For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.
If a provision of this Law is expressed—
(a) to expire on a specified day; or
(b) to remain or continue in force, or otherwise have effect, until a specified day,
this provision has effect until the last moment of the specified day.
If a provision of this Law is repealed or amended by a South Australian Act, or a provision of a South Australian Act, the provision is not revived merely because the South Australian Act or the provision of the South Australian Act—
(a) is later repealed or amended; or
(b) later expires.
The repeal, amendment or expiry of a provision of this Law does not—
(a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or
(b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or
(c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or
(d) affect a penalty incurred in relation to an offence arising under the provision; or
(e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.
Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.
If a South Australian Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.
This Law and all South Australian Acts amending this Law are to be read as one.
This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.
The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.
Rail Safety National Law (NSW) (applied and modified as a law of New South Wales by the Rail Safety (Adoption of National Law) Act 2012 No 82). Date of commencement, 20.1.2013, sec 2 and 2012 (646) LW 21.12.2012. This Law has been amended as follows—
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
(762) | Road Transport Legislation Amendment (Road Rules) Regulation 2014. LW 28.11.2014. Date of commencement, 1.12.2014, cl 2. | |
No 5 | Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2015 of South Australia. Assented to 21.5.2015. Date of commencement, 1.7.2015, sec 2 and South Australian Government Gazette 18.6.2015 p 2971. | |
No 31 | Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Act 2016 of South Australia. Assented to 30.6.2016. Date of commencement, 1.8.2016, sec 2 and South Australian Government Gazette 21.7.2016 p 2989. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 14 | Rail Safety National Law (South Australia) (Miscellaneous No 3) Amendment Act 2017 of South Australia. Assented to 26.4.2017. Date of commencement, 1.7.2017, sec 2 and South Australian Government Gazette 7.6.2017 p 2044. | |
(396) | Rail Safety (Adoption of National Law) Regulation 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
No 4 | Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2019 of South Australia. Assented to 11.4.2019. Date of commencement, 1.7.2019, sec 2 and South Australian Government Gazette 6.6.2019 p 1754. The amendment made by sec 11 (2) was without effect as the provision being amended has been modified for NSW. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 2.20, 14 days after assent, sec 2(1). | |
No 17 | Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Act 2020 of South Australia. Assented to 11.6.2020. Date of commencement, 1.7.2020, sec 2 and South Australian Government Gazette 25.6.2020 p3504. | |
No 30 | Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021 of South Australia. Assented to 2.9.2021. Date of commencement, 1.11.2021, sec 2 and South Australian Government Gazette 14.10.2021 p3752. | |
No 14 | Rail Safety National Law (South Australia) (Fees) Amendment Act 2023 of South Australia. Assented to 26.5.2023. Date of commencement, 26.5.2025, sec 2 and Legislation Interpretation Act 2021 of South Australia, sec 27(6). | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. |
Sec 4 | Am 2013 No 95, Sch 2.125; 2014 (762), Sch 1; 2015 No 5, sec 5; 2016 No 31, sec 4; 2018 (396), Sch 1; 2019 No 4, sec 4; 2020 No 17, sec 4; 2023 No 14, sec 4. |
Sec 8 | Am 2020 No 17, sec 5. |
Sec 13 | Am 2017 No 14, sec 4. |
Sec 20 | Am 2015 No 5, sec 6. |
Sec 33 | Am 2016 No 31, sec 5. |
Sec 42 | Am 2023 No 14, sec 5. |
Sec 43 | Am 2019 No 4, sec 5. |
Sec 64 | Am 2017 No 14, sec 5. |
Sec 68 | Am 2023 No 14, sec 6. |
Sec 72 | Am 2015 No 5, sec 7. |
Part 3, Div 4, Subdiv 4, heading | Am 2015 No 5, sec 8. |
Sec 73 | Am 2015 No 5, sec 9. |
Sec 76 | Am 2015 No 5, sec 10; 2017 No 14, sec 6; 2023 No 14, sec 7. |
Sec 76A | Ins 2023 No 14, sec 8. |
Sec 87 | Am 2023 No 14, sec 9. |
Sec 91 | Am 2015 No 5, sec 11. |
Part 3, Div 5, Subdiv 4, heading | Am 2015 No 5, sec 12. |
Sec 92 | Am 2015 No 5, sec 13. |
Sec 94 | Am 2017 No 14, sec 7. |
Sec 95 | Am 2023 No 14, sec 10. |
Sec 95A | Ins 2023 No 14, sec 11. |
Sec 96A | Ins 2015 No 5, sec 14. |
Sec 107 | Am 2019 No 4, sec 6. |
Sec 117 | Am 2016 No 31, sec 6. |
Sec 122A | Ins 2019 No 4, sec 7. |
Sec 127 | Am 2019 No 4, sec 8; 2019 No 14, Sch 2.20[1]. |
Sec 127A | Ins 2019 No 4, sec 9. |
Sec 128 | Am 2015 No 5, sec 15; 2021 No 30, sec 4. |
Secs 128A–128C | Ins 2019 No 4, sec 10. |
Sec 129 | Am 2019 No 4, sec 11; 2019 No 14, Sch 2.20[2] [3]. |
Sec 145 | Am 2015 No 5, sec 16. |
Sec 149 | Am 2016 No 31, sec 7. |
Sec 168A | Ins 2015 No 5, sec 17. |
Sec 183 | Am 2016 No 31, sec 8. |
Sec 199 | Am 2016 No 31, sec 9. |
Sec 200 | Am 2019 No 4, sec 12. |
Sec 203 | Am 2015 No 5, sec 18. |
Sec 212 | Am 2015 No 5, sec 19. |
Part 6, Div 2, Subdiv 4, heading | Am 2015 No 5, sec 20. Subst 2017 No 14, sec 8. |
Sec 213 | Am 2015 No 5, sec 21. |
Sec 213A | Ins 2017 No 14, sec 9. |
Part 6, Div 2, Subdiv 6, heading | Ins 2015 No 5, sec 22. Subst 2023 No 14, sec 12. |
Part 6, Div 2, Subdiv 6 | Ins 2015 No 5, sec 22. |
Sec 214AA | Ins 2023 No 14, sec 13. |
Sec 214A | Ins 2015 No 5, sec 22. |
Sec 215 | Am 2015 No 5, sec 23; 2017 No 14, sec 10. |
Sec 218 | Am 2016 No 31, sec 10; 2023 No 41, Sch 2.29. |
Sec 218A | Am 2016 No 48, Sch 2.31. |
Sec 233 | Am 2015 No 5, sec 24. |
Sec 244 | Am 2019 No 4, sec 13. |
Sec 249 | Am 2015 No 5, sec 25. |
Sec 260A | Ins 2016 No 31, sec 11. |
Sch 2 | Am 2016 No 31, sec 12. |
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