Rail Safety National Law (South Australia) Act 2012 (SA)

South Australia

Rail Safety National Law (South Australia) Act 2012

An Act to make provision for a national system of rail safety; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Rail Safety National Law (South Australia) Act 2012.

3Interpretation

(1)
For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Rail Safety National Law set out in the Schedule.
(2)
In the local application provisions of this Act—
Rail Safety National Law (South Australia) means the provisions in operation in this jurisdiction because of section 4 of this Act.
(3)
Terms used in the local application provisions of this Act and also in the Rail Safety National Law set out in the Schedule to this Act have the same meanings in those provisions as they have in that Law.
(4)
This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

Part 2Application of Rail Safety National Law4Application of Rail Safety National Law

The Rail Safety National Law, as amended from time to time, set out in the Schedule—
(a)
applies as a law of this jurisdiction; and
(b)
as so applying may be referred to as the Rail Safety National Law (South Australia); and
(c)
as so applying is part of this Act.

5Interpretation of certain expressions

(1)
In the Rail Safety National Law (South Australia), unless the contrary intention appears—
court—a reference to a court in the Law—
(a)
in Part 5 (Enforcement measures) and Part 7 (Review of decisions)—is a reference to the Administrative and Disciplinary Division of the District Court;
(b)
in Part 10 Division 6 (Enforceable voluntary undertakings)—is a reference to the Magistrates Court;
emergency services means each of the following:
(a)
South Australia Police;
(b)
South Australian Country Fire Service;
(c)
South Australian Metropolitan Fire Service;
(d)
SA Ambulance Service Inc;
(e)
any body prescribed by the regulations for the purposes of this definition;
Gazette means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State;
Health Practitioner Regulation National Law means—
(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 South Australia, another State or a Territory (with or without modification); or
(b)
the law that substantially corresponds to the law referred to in paragraph (a);
magistrate means a person holding office as a magistrate under the Magistrates Act 1983;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
Minister means the Minister to whom the Rail Safety National Law (South Australia) Act 2012 is committed;
police officer means a member of South Australia Police under the Police Act 1998;
public sector auditor means the Auditor‑General of South Australia;
Rail Safety National Law or this Law means the Rail Safety National Law (South Australia);
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing profession as a nurse (other than as a student); and
(b)
in the registered nurses division of that profession;
road means a road within the meaning of the Road Traffic Act 1961;
road vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1959;
shared path has the same meaning as in the Australian Road Rules;
State entity means a public sector agency within the meaning of the Public Sector Act 2009;
the jurisdiction or this jurisdiction means South Australia.
(2)
For the purposes of this Act and the Rail Safety National Law (South Australia) and any other Act or law—
(a)
the Office of the National Rail Safety Regulator—
(i)
is not a State entity (and therefore not a South Australian entity); and
(ii)
is not an agency or instrumentality of the South Australian Crown; and
(b)
an employee of the Office of the National Rail Safety Regulator is not a public sector employee employed by a public sector agency.

6No double jeopardy

If—
(a)
an act or omission is an offence against the Rail Safety National Law (South Australia) and is also an offence against a law of another participating jurisdiction; and
(b)
the offender has been punished for the offence under the law of the other jurisdiction,
the offender is not liable to be punished for the offence against the Rail Safety National Law (South Australia).

7Exclusion of legislation of this jurisdiction

(1)
The Acts Interpretation Act 1915 does not apply to the Rail Safety National Law (South Australia) or to instruments made under that Law.
(2)
Subject to subsection (3), and except as applied under the Rail Safety National Law (South Australia) (including the regulations made under that Law), the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law:
(a)
the Freedom of Information Act 1991;
(b)
the Ombudsman Act 1972;
(c)
the Public Finance and Audit Act 1987;
(d)
the Public Sector Act 2009;
(e)
the Public Sector (Honesty and Accountability) Act 1995;
(f)
the State Procurement Act 2004;
(g)
the State Records Act 1997.
(3)
The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Rail Safety National Law (South Australia).

Part 3National regulations8National regulations

(1)
Subject to this section, the Subordinate Legislation Act 1978 does not apply to the national regulations.
(2)
Sections 10, 10A and 11 of the Subordinate Legislation Act 1978 apply to the national regulations.
(3)
However, if a regulation made by the Governor for the purposes of the Rail Safety National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).
(4)
In this section—
Rail Safety National Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule.

Part 4Provisions relating to drug and alcohol testingDivision 1Preliminary9Interpretation

(1)
In this Part—
alcotest means a test by means of an apparatus approved under the Road Traffic Act 1961 or this Part for the purpose of conducting alcotests;
analyst means—
(a)
a person who is an analyst for the purposes of the Road Traffic Act 1961; or
(b)
a person appointed as an analyst by the Minister specifically for the purposes of this Part and Part 3 Division 9 (Drug and alcohol testing by Regulator) of the Rail Safety National Law; or
(c)
a person holding an office of a class approved by the Minister for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law;
approved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 or this Part to be an approved blood test kit;
approved courier means a person approved by the Minister as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law;
breath analysing instrument means an apparatus of a kind approved under the Road Traffic Act 1961 or this Part as a breath analysing instrument;
breath analysis means an analysis of breath by a breath analysing instrument;
Commissioner of Police means the Commissioner of Police appointed under the Police Act 1998;
drug screening test means a test by means of an apparatus of a kind approved under the Road Traffic Act 1961 or this Part for the purpose of conducting drug screening tests;
forensic material means any human material from which the person from whom the material was taken could be identified;
oral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid;
preliminary breath test means an alcotest;
Rail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule.
(2)
In this Part, a reference to regulations is a reference to regulations made for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law.
(3)
For the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law, a thing is to be regarded as having been done by a medical practitioner, registered nurse or analyst if it is done by a person acting under the supervision or direction of the medical practitioner, registered nurse or analyst.

10Approval of couriers

The Minister may, by notice in the Gazette—
(a)
approve a person as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; or
(b)
revoke an approval under paragraph (a).

11Approval of apparatus and kits for breath analysis etc

(1)
The Governor may, by regulation, for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law—
1. (a)
  approve apparatus of a prescribed kind as breath analysing instruments; or
2. (b)
  approve apparatus of a prescribed kind for the purpose of conducting alcotests; or
3. (c)
  approve apparatus of a prescribed kind for the purpose of conducting drug screening tests; or
4. (d)
  declare a kit of a prescribed kind to be an approved blood test kit.
(2)
An approved blood test kit, or apparatus approved as a breath analysing instrument, or for the purpose of conducting alcotests or drug screening tests, under the Road Traffic Act 1961 will be taken to have been approved under this section for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law.

Division 2Procedures relating to testing and analyses

12Conduct of preliminary breath test or breath analysis

(1)
This section applies when an authorised person requires a rail safety worker to submit to testing under section 126 (Authorised person may require preliminary breath test or breath analysis) of the Rail Safety National Law.
(2)
A preliminary breath test or breath analysis to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker has ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be).
(3)
The performance of a preliminary breath test or breath analysis commences when a direction is first given by an authorised person that the rail safety worker concerned exhale into the preliminary breath test apparatus or breath analysing instrument to be used for the test or analysis.
(4)
A rail safety worker required to submit to a preliminary breath test or breath analysis must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the preliminary breath test or breath analysis is conducted in accordance with the directions of the authorised person.

Maximum penalty: $10 000.

(5)
It is a defence to a prosecution under subsection (4) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction.
(6)
If a rail safety worker refuses or fails to comply with a requirement or direction of an authorised person by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by—
1. (a)
  a medical practitioner or registered nurse nominated by the worker; or
2. (b)
  a medical practitioner or registered nurse nominated by the authorised person at the request of the worker.
(7)
A rail safety worker is not relieved from the obligation to submit to a breath analysis in accordance with this section or section 126 of the Rail Safety National Law by—
1. (a)
  the making of a request under subsection (6); or
2. (b)
  the taking of a sample of the worker's blood under subsection (6).
(8)
A rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 126 of the Rail Safety National Law on the ground that—
1. (a)
  the worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or
2. (b)
  the worker consumed alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given.
(9)
The taking of a blood sample under subsection (6) must be in the presence of an authorised person.

13Conduct of drug screening tests, oral fluid analyses and blood tests

(1)
This section applies when an authorised person requires a rail safety worker to submit to testing under section 127 (Authorised person may require drug screening test, oral fluid analysis and blood test) of the Rail Safety National Law.
(2)
A drug screening test may only be conducted by—
1. (a)
  a police officer; or
2. (b)
  an authorised person authorised by the Regulator to conduct such tests.
(3)
A drug screening test, oral fluid analysis or blood test to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be).
(4)
The performance of a drug screening test, oral fluid analysis or blood test commences when a direction is first given by an authorised person that the rail safety worker concerned provide a sample of oral fluid or blood to be used for the drug screening test, oral fluid analysis or blood test.
(5)
A rail safety worker required by an authorised person to submit to a drug screening test, oral fluid analysis or blood test must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to allow a sample of oral fluid or blood to be taken in accordance with the directions of the authorised person.

Maximum penalty: $10 000.

(6)
It is a defence to a prosecution under subsection (5) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction.
(7)
If a rail safety worker of whom a requirement is made or to whom a direction is given by an authorised person relating to a drug screening test or oral fluid analysis, refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by—
1. (a)
  a medical practitioner or registered nurse nominated by the worker; or
2. (b)
  a medical practitioner or registered nurse nominated by the authorised person at the request of the worker.
(8)
If a rail safety worker of whom a requirement is made or to whom a direction is given under this section relating to a blood test required in connection with—
1. (a)
  drug testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that an oral fluid analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of an oral fluid analysis; or
2. (b)
  alcohol testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that a breath analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of a breath analysis.
(9)
A rail safety worker is not relieved from the obligation to submit to a drug screening test, oral fluid analysis or blood test in accordance with this section or section 127 of the Rail Safety National Law by—
1. (a)
  the making of a request under subsection (7) or (8); or
2. (b)
  the taking of a sample of—
  1. (i)
    the worker's blood under subsection (7); or
  2. (ii)
    the worker's oral fluid under subsection (8)(a); or
3. (c)
  the conduct of a breath analysis under subsection (8)(b).
(10)
A rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 127 of the Rail Safety National Law on the ground that—
1. (a)
  the worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or
2. (b)
  the worker consumed a drug or alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given.
(11)
The taking of a blood sample under this section must be in the presence of an authorised person.

14Breath analysis where drinking occurs after rail safety work is carried out

(1)
This section applies to proceedings for an offence in which the results of a breath analysis under this Part or Part 3 Division 9 of the Rail Safety National Law are relied on to establish the commission of the offence.
(2)
If in proceedings to which this section applies the defendant satisfies the court—
1. (a)
  that the defendant consumed alcohol during the relevant period; and
2. (b)
  that the alcohol was not consumed by the defendant after an authorised person first exercised powers under section 126 of the Rail Safety National Law preliminary to the performance of the breath analysis; and
3. (c)
  that, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged,

the court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged.

(3)
In subsection (2)—

relevant period means the period—
(a)
commencing when 3 hours have elapsed since the prescribed notifiable occurrence or the conduct of the defendant giving rise to the making of the requirement under section 126 of the Rail Safety National Law that the defendant submit to the breath analysis; and
(b)
ending when the performance of the breath analysis commences.

15Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out

(1)
This section applies to proceedings for an offence relating to—
1. (a)
  the presence of alcohol in which the results of a blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence; or
2. (b)
  the presence of a drug in which the results of an oral fluid analysis or blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence.
(2)
If in proceedings to which this section applies the defendant satisfies the court—
1. (a)
  that the defendant consumed alcohol or consumed or used the drug (as the case may be) during the relevant period; and
2. (b)
  that the alcohol was not consumed or the drug was not consumed or used by the defendant (as the case may be) after an authorised person first exercised powers under section 127 of the Rail Safety National Law preliminary to the performance of the blood test or oral fluid analysis; and
3. (c)
  that, after taking into account the quantity of alcohol consumed, or drug consumed or used, by the defendant during the relevant period and its likely effect on the concentration of alcohol or drug indicated as being present in the defendant's blood or oral fluid by the test or analysis, the defendant should not be found guilty of the offence charged,

the court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged.

(3)
In subsection (2)—

relevant period means the period—
(a)
commencing when 3 hours have elapsed since the prescribed notifiable occurrence or conduct of the defendant giving rise to the making of the requirement under section 127 of the Rail Safety National Law that the defendant submit to the oral fluid analysis or blood test; and
(b)
ending when the performance of the oral fluid analysis or blood test (as the case may be) commences.

16Compulsory blood testing following a prescribed notifiable occurrence

(1)
If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and, within 8 hours after the prescribed notifiable occurrence, the worker attends at, or is admitted into, a hospital for the purposes of receiving treatment for that injury, it is the duty of the medical practitioner who attends the worker to ensure that, as soon as practicable, a sample of that worker's blood (despite the fact that the worker may be unconscious), is taken in accordance with this section.
(2)
If a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and the worker is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death—
1. (a)
  to ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or
2. (b)
  to notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section.
(3)
A sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse.
(4)
The State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section.
(5)
Any person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who—
1. (a)
  fails to assign any reason based on genuine medical grounds for that refusal or failure; or
2. (b)
  assigns a reason for that refusal or failure that is false or misleading; or
3. (c)
  makes any other false or misleading statement in response to the request,

is guilty of an offence.
Maximum penalty: $10 000.

(6)
In this section—

hospital means an institution at which medical care or attention is provided for injured persons that is declared to be a hospital for the purposes of section 47I of the Road Traffic Act 1961.

17Processes relating to blood samples

The following provisions apply where a sample of blood is taken under this Part or Part 3 Division 9 of the Rail Safety National Law:
(a)
the medical practitioner or registered nurse by whom the sample of blood is taken must—
(i)
place the sample of blood in approximately equal proportions in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and
(ii)
give to the person from whom the sample was taken or (in the case of a sample taken under section 16) leave with the person's personal effects at the hospital, a notice in writing—
(A)
advising that the sample has been taken under the relevant section; and
(B)
advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and
(C)
containing any other information prescribed by the regulations; and
(iii)
complete and sign a certificate containing the information required under paragraph (d); and
(iv)
make the containers and the certificate available to an authorised person;
(b)
each container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a drug in the blood;
(c)
it is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a drug in the blood;
(d)
the certificate referred to in paragraph (a) must state—
(i)
the identification number of the sample marked on the containers referred to in that paragraph; and
(ii)
the name and address of the person from whom the sample was taken; and
(iii)
the name of the medical practitioner or registered nurse by whom the sample was taken; and
(iv)
the date, time and place at which the sample was taken; and
(v)
that the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects;
(e)
1 of the containers containing the sample must—
(i)
as soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and
(ii)
be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;
(f)
after analysis of the sample in a container made available to an authorised person in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:
(i)
the identification number of the sample marked on the container;
(ii)
the name and professional qualifications of the analyst;
(iii)
the date the sample was received in the laboratory in which the analysis was performed;
(iv)
the concentration of alcohol, prescribed drug or other drug found to be present in the sample;
(v)
any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;
(vi)
any other information relating to the sample or analysis that the analyst thinks fit to include;
(g)
on completion of an analysis of a sample—
(i)
the certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and
(ii)
copies of the certificates referred to in paragraph (g)(i) must be sent to—
(A)
the Regulator; and
(B)
if the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and
(C)
the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;
(h)
if the whereabouts of the person from whom the sample is taken, or the identity or whereabouts of a relative or personal representative of the deceased (as the case may be) is unknown, there is no obligation to comply with paragraph (g)(ii)(C) but copies of the certificates must, on application made within 3 years after the completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent.

18Processes relating to oral fluid samples

The following provisions apply where a sample of oral fluid is taken under this Part or Part 3 Division 9 of the Rail Safety National Law:
(a)
the authorised person who takes a sample of oral fluid for the purposes of an oral fluid analysis must—
(i)
place the sample of oral fluid (and any other reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and
(ii)
give to the person from whom the sample was taken a notice in writing—
(A)
advising that the sample has been taken under section 127 of the Rail Safety National Law; and
(B)
advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and
(C)
containing any other information prescribed by the regulations; and
(iii)
complete and sign a certificate containing the information required under paragraph (d);
(b)
each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;
(c)
it is the duty of the authorised person who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;
(d)
the certificate referred to in paragraph (a) must state—
(i)
the identification number of the sample marked on the containers referred to in that paragraph; and
(ii)
the name and address of the person from whom the sample was taken; and
(iii)
the identification number of the authorised person by whom the sample was taken; and
(iv)
the date, time and place at which the sample was taken; and
(v)
that the authorised person gave the notice referred to in that paragraph to the person from whom the sample was taken;
(e)
1 of the containers containing the sample must—
(i)
as soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person under paragraph (a); and
(ii)
be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;
(f)
after analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:
(i)
the identification number of the sample marked on the container;
(ii)
the name and professional qualifications of the analyst;
(iii)
the date the sample was received in the laboratory in which the analysis was performed;
(iv)
the information required by the regulations in relation to any prescribed drug or other drug found to be present in the sample;
(v)
any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;
(vi)
any other information relating to the sample or analysis that the analyst thinks fit to include;
(g)
on completion of an analysis of a sample—
(i)
the certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and
(ii)
copies of the certificates referred to in paragraph (g)(i) must be sent to—
(A)
the Regulator; and
(B)
if the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and
(C)
the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;
(h)
if the whereabouts of the person from whom the sample is taken or, that person being dead, the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii)(C) (but copies of the certificates must, on application made within 3 years after completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent).

Division 3Miscellaneous

19Concentration of alcohol in breath taken to indicate concentration of alcohol in blood

If a person submits to a preliminary breath test or breath analysis and the preliminary breath test apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, the Rail Safety National Law and any other Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.

20Evidence

(1)
Without affecting the admissibility of evidence that might be given otherwise than pursuant to this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by an authorised person and, if the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, Part 3 Division 9 of the Rail Safety National Law or prescribed by regulation, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis, and throughout the preceding period of 3 hours.
(2)
No evidence can be adduced in rebuttal of the presumption created by subsection (1) except—
(a)
evidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with this Part, Part 3 Division 9 of the Rail Safety National Law or in accordance with the regulations; and
(b)
evidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant.
(3)
No evidence can be adduced as to a breath or blood alcohol reading obtained from a coin‑operated breath testing or breath analysing machine installed in a hotel or other licensed premises.
(4)
As soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying—
(a)
the reading produced by the breath analysing instrument; and
(b)
the date and time of the analysis.
(5)
If a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the instrument is the prescribed concentration of alcohol, the person operating the breath analysing instrument must immediately—
(a)
give the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Part and Part 3 Division 9 of the Rail Safety National Law in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and
(b)
at the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.
(6)
A certificate—
(a)
purporting to be signed by the Regulator and to certify that a person named in the certificate is an authorised person; or
(b)
purporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or
(c)
purporting to be signed by an authorised person and to certify that—
(i)
a breath analysing instrument used by the person was in proper order and was properly operated; and
(ii)
the provisions of this Part, Part 3 Division 9 of the Rail Safety National Law and the regulations with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(7)
A certificate purporting to be signed by an authorised person and to certify that—
(a)
a sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and
(b)
the provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with,
is, in the absence of proof to the contrary, proof of the matters so certified.
(8)
A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(9)
Subject to subsection (21) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.
(10)
Subject to subsection (21), a certificate purporting to be signed by an authorised person and to certify that—
(a)
a person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and
(b)
the breath analysing instrument produced a reading specified in the certificate; and
(c)
a statement in writing required by subsection (4) was delivered in accordance with that subsection,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(11)
A certificate purporting to be signed by an authorised person and to certify—
(a)
that on a date and at a time stated in the certificate, a person named in the certificate submitted to a breath analysis; and
(b)
that the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and
(c)
that—
(i)
the person did not make a request for an approved blood test kit in accordance with the regulations; or
(ii)
at the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b),
is, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person.
(12)
A prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (5)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved—
(a)
that the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and
(b)
by evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (2).
(13)
Subject to subsection (21), an apparently genuine document purporting to be a certificate under this Part, or a copy of such a certificate, and purporting to be signed by an authorised person, medical practitioner, registered nurse or analyst under this Part is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.
(14)
If a certificate of an analyst relating to a sample of blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received in evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken.

(15)
If it is proved by the prosecution in the proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample.
(16)
If certificates of an authorised person and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under this Part or Part 3 Division 9 of the Rail Safety National Law are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood.
(17)
If a certificate of an analyst relating to a sample of oral fluid or blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received as evidence in proceedings before a court and states that a drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the drug stated in the certificate was present in the sample when the sample was taken.
(18)
If it is proved by the prosecution in proceedings for an offence that a drug was present in the defendant's oral fluid or blood at the time at which a sample of oral fluid or blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that the drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample.
(19)
A certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(20)
A certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified.
(20a)
A certificate—
(a)
purporting to be signed by the Regulator or Commissioner of Police and to certify that a person named in the certificate is authorised by the Regulator or Commissioner of Police (as the case may be) to conduct drug screening tests; or
(b)
purporting to be signed by a police officer or a person authorised by the Regulator or Commissioner of Police to conduct drug screening tests and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted,
is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.
(21)
A certificate referred to in subsection (9), (10) or (13) cannot be received as evidence in proceedings for an offence—
(a)
unless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or
(b)
if the person on whom a copy of the certificate has been served has, not less than 2 days before the commencement of the trial, served written notice on the complainant or informant requiring the attendance at the trial of the person by whom the certificate was signed; or
(c)
if the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.

22Protection of medical practitioners etc from liability

(1)
No proceedings lie against a medical practitioner or registered nurse, or a person acting under the supervision or direction of a medical practitioner or registered nurse, in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Part or Part 3 Division 9 of the Rail Safety National Law.
(2)
A medical practitioner or registered nurse must not take a sample of the person's blood under this Part or Part 3 Division 9 of the Rail Safety National Law if, in his or her opinion, it would be injurious to the medical condition of the person to do so.
(3)
A medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Part or Part 3 Division 9 of the Rail Safety National Law if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse (as the case requires) has informed the person, that unless the objection is made on genuine medical grounds, it may constitute an offence against this Part or the Rail Safety National Law.

23Regulations – drug and alcohol testing procedures

(1)
The Governor may make any regulations that are contemplated by this Part or Part 3 Division 9 of the Rail Safety National Law, or are necessary or expedient for the purposes of this Part or Part 3 Division 9 of the Rail Safety National Law.
(2)
Without limiting subsection (1), the Governor may make regulations making provision for or in relation to any other matter associated with—
1. (a)
  the testing of persons for the presence of alcohol or a drug, the analysis of test results, the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; or
2. (b)
  the destruction of a sample of oral fluid or blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test).

Part 5Transitional provisionsDivision 1Interpretation24Interpretation

In this Part—
Rail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule;
relevant day means the day on which the Rail Safety Act 2007 is repealed;
repealed Act means the Rail Safety Act 2007.

Division 3Transitional provisions26Accreditation

(1)
An application for accreditation, or variation of accreditation, made but not determined under the repealed Act immediately before the relevant day, will be taken to be an application for accreditation, or variation of accreditation, under the Rail Safety National Law and will, accordingly, be determined in accordance with the Law.
(2)
A rail transport operator that, immediately before the relevant day, holds an accreditation under the repealed Act in respect of railway operations carried out by or on behalf of the operator will be taken, on the relevant day, to hold an accreditation in respect of those railway operations under the Rail Safety National Law subject to such conditions and restrictions as applied to the accreditation under the repealed Act.
(3)
If, immediately before the relevant day, the accreditation, or part of the accreditation, of a rail transport operator has been suspended under the repealed Act, the accreditation under the Rail Safety National Law that the operator will be taken to have by virtue of subsection (2) will be subject to the same suspension as applied to the accreditation under the repealed Act.

27Registration

(1)
A rail infrastructure manager of a private siding that, immediately before the relevant day, is registered under the repealed Act will be taken, on the relevant day, to be registered under the Rail Safety National Law in respect of the private siding.
(2)
A registration under subsection (1) will be subject to such conditions as applied to the registration under the repealed Act, subject to any variations, or new conditions, as the Regulator may, by notice in writing to the relevant rail infrastructure manager, determine.
(3)
Notification under subsection (2)—
(a)
must be in writing and given to the rail infrastructure manager; and
(b)
if a condition or restriction has been imposed on the registration, must include—
(i)
the reasons for imposing the condition or restriction; and
(ii)
information about the right of review under Part 7 of the Law.

28Notifiable occurrences

(1)
A report of a notifiable occurrence made under Part 4 Division 6 of the repealed Act immediately before the relevant day will have effect as if it were a report of a notifiable occurrence made under Part 3 Division 8 of the Rail Safety National Law.
(2)
A notifiable occurrence that is being investigated under Part 4 Division 6 of the repealed Act immediately before the relevant day will continue as if it were an investigation under Part 3 Division 8 of the Rail Safety National Law.

29Notices

(1)
An improvement notice in force under Part 5 Division 7 of the repealed Act immediately before the relevant day will continue to have force and effect as if it were an improvement notice under Part 5 Division 1 of the Rail Safety National Law.
(2)
A prohibition notice in force under Part 5 Division 8 of the repealed Act immediately before the relevant day will continue to have force and effect as if it were a prohibition notice under Part 5 Division 2 of the Rail Safety National Law.

30Reviews and appeals

(1)
If an application for accreditation, or variation of accreditation, has been refused under the repealed Act and the period within which the applicant could have applied for a review of the decision had that Act not been repealed has not, immediately before the relevant day, expired, the applicant may, before the expiry of that period, apply for a review of the decision under the Rail Safety National Law as if the decision had been made under the Law.
(2)
A person who is to be granted accreditation as the result of a review of, or appeal against, a decision made under the repealed Act who has not, immediately before the relevant day, been accredited, will be granted accreditation under the Rail Safety National Law subject to such conditions and restrictions as would have applied to the accreditation under the repealed Act.

31Provision of information and assistance by Rail Safety Regulator

(1)
Despite any other Act or law, the Rail Safety Regulator under the repealed Act is authorised, on his or her own initiative or at the request of ONRSR—
1. (a)
  to provide ONRSR with such information (including information given in confidence) in the possession or control of the Rail Safety Regulator that is reasonably required by ONRSR for the purposes of this Act or the Rail Safety National Law; and
2. (b)
  to provide ONRSR with such other assistance as is reasonably required by ONRSR to exercise a function or power under this Act or the Rail Safety National Law.
(2)
Despite any other Act or law, the Rail Safety Regulator under the repealed Act may authorise ONRSR to disclose information provided under subsection (1) even if the information was given to the Rail Safety Regulator in confidence.
(3)
Nothing done, or authorised to be done, by the Rail Safety Regulator in acting under subsection (1) or (2)—
1. (a)
  constitutes a breach of, or default under, an Act or other law; or
2. (b)
  constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
3. (c)
  constitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
4. (d)
  constitutes a civil or criminal wrong; or
5. (e)
  terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or
6. (f)
  releases a surety or any other obligee wholly or in part from an obligation.

32Regulations – saving and transitional provisions

(1)
The Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.
(2)
Regulations made under this section may—
(a)
have a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and
(b)
be of limited or general application; and
(c)
leave any matter or thing to be decided by a specified person or class of person.
(3)
Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument.

Schedule—Rail Safety National Law

Part 1—Preliminary

1—Short title

This Law may be cited as the Rail Safety National Law.

2—Commencement

This Law commences in a participating jurisdiction as provided by the application Act of the jurisdiction.

3—Purpose, objects and guiding principles of Law

(1)
The main purpose of this Law is to provide for safe railway operations in Australia.
(2)
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.
(3)
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.
(4)
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.

4—Interpretation

(1)
In this Law, unless the contrary intention appears—
accredited person means a rail transport operator who is accredited under this Law, but does not include a person whose accreditation under this Law—
(a)
has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b)
is suspended under this Law;
Acting Regulator means an Acting National Rail Safety Regulator appointed under Part 2 Division 2;
amusement structure means a structure or device operated for hire or reward, or provided on hire or lease—
(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;
application Act means the Act of a jurisdiction that applies the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as a law of the jurisdiction;
approved code of practice means a code of practice approved under section 249;
associated railway track structures includes—
(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);
Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board;
Australian rail safety law means this Law or a corresponding previous enactment in a participating jurisdiction corresponding, or substantially corresponding, to this Law;
authorised person means—
(a)
a police officer; or
(b)
a person appointed under section 124;
Category 1 offence—see section 58;
Category 2 offence—see section 59;
Category 3 offence—see section 60;
commercial benefits order means an order under section 230;
designated provision of this Law—see section 204;
drug means—
(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;
employee means a person employed under a contract of employment or contract of training;
employer means a person who employs 1 or more other persons under contracts of employment or contracts of training;
exercise, for a function, includes perform;
footpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians;
Fund means the National Rail Safety Regulator Fund established under Part 2 Division 4;
improvement notice means a notice under Part 5 Division 1;
infringement penalty provision has the meaning given by section 233;
interface agreement means an agreement made under Part 3 Division 6 Subdivision 2 about managing risks to safety identified and assessed in accordance with that Subdivision;
jurisdiction means a State or Territory;
level crossing includes each of the following areas:
(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;
member, of ONRSR, means the Regulator, an Acting Regulator or a non‑executive member appointed under Part 2 Division 2;
national regulations means the regulations made under section 264;
non‑disturbance notice means a notice under Part 5 Division 3;
notifiable occurrence means an accident or incident associated with railway operations—
(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;
occupational health and safety legislation means legislation relating to occupational health and safety prescribed by the national regulations for the purposes of this definition;
Office of the National Rail Safety Regulator or ONRSR means the Office of the National Rail Safety Regulator established under Part 2 Division 1;

officer—
(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;
participating jurisdiction means a jurisdiction in which—
(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;
prescribed drug—see section 128;
private siding means a siding that is owned, controlled or managed by a person, other than a person who manages the rail infrastructure with which the siding connects or to which it has access, but does not include—
(a)
a marshalling yard; or
(b)
a crossing loop; or
(c)
a passenger terminal; or
(d)
a freight terminal; or
(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;
prohibition notice means a notice under Part 5 Division 2;
public place means—
(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;
public road means any road other than a private road;
public sector auditor means—
(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;
rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes—
(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;
rail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective control and management of the rail infrastructure, whether or not the person—
(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;
rail or road crossing includes each of the following:
(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;
rail safety officer means a person holding an appointment as a rail safety officer under Part 4 Division 2;
rail safety undertaking—see Part 10 Division 6;
rail safety work—see section 8;
rail safety worker means an individual who has carried out, is carrying out, or is about to carry out, rail safety work;
rail transport operator means—
(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;
rail workplace means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work;
railway means a guided system, or proposed guided system, designed for the movement of rolling stock having the capability of transporting passengers or freight (or both) on a railway track with a gauge of 600 millimetres or more, together with its rail infrastructure and rolling stock, and includes the following:
(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;
Note—
See section 7 for railways to which this Law does not apply.
railway operations means any of the following:
(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;
railway premises means—
(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;
reasonably practicable—see section 47;
Register means the National Rail Safety Register established under section 42;
registered person means a rail infrastructure manager who is registered under this Law, but does not include a person whose registration under this Law—
(a)
has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b)
is suspended under this Law;
Regulator means the National Rail Safety Regulator or an Acting National Rail Safety Regulator appointed under Part 2 Division 2;
responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by that jurisdiction as its responsible Minister for the purposes of this Law;
road infrastructure includes—
(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;
road manager—
(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;
rolling stock means a vehicle that operates on or uses a railway, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, self propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle, but does not include a vehicle designed to operate both on and off a railway when the vehicle is not operating on a railway;
rolling stock operator means a person who has effective control and management of the operation or movement of rolling stock on rail infrastructure for a railway, but does not include a person by reason only that the person drives the rolling stock or controls the network or the network signals;
running line means a railway track used primarily for the through movement of trains;
safety means the safety of people, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public;
safety duty—see section 57;
safety management system—see Part 3 Division 6;
siding means a portion of railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line;
South Australian Minister means the responsible Minister for South Australia;
substance means substance in any form (whether gaseous, liquid, solid or other), and includes material, preparation, extract and admixture;
supervisory intervention order—see section 231;
supply includes—
(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;
Territory means the Australian Capital Territory or the Northern Territory;
this Law means—
(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;
train means—
(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;
train safety recording—see section 130;
union means—
(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.
(2)
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).
(3)
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.

5—Interpretation generally

Schedule 2 to this Law applies in relation to this Law.

6—Declaration of substance to be drug

(1)
The responsible Ministers may declare a substance to be a drug for the purposes of this Law.
(2)
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.

7—Railways to which this Law does not apply

(1)
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.
(2)
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.
(3)
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.

8—Meaning of rail safety work

(1)
Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Law:
(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.
(2)
For the purposes of this Law, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work.

9—Single national entity

(1)
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.
(2)
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.
(3)
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.
(4)
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.

10—Extraterritorial operation of Law

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.

11—Crown to be bound

(1)
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.
(2)
No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.
Part 2—Office of the National Rail Safety Regulator
Division 1—Establishment, functions, objectives, etc

12—Establishment

(1)
The Office of the National Rail Safety Regulator (ONRSR) is established.
(2)
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.
(3)
ONRSR represents the Crown.

13—Functions and objectives

(1)
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.
(2)
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.
(3)
In this section—
prescribed authority means—
(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.

14—Independence of ONRSR

Except as provided under this Law or an Act, ONRSR is not subject to Ministerial direction in the exercise of its functions or powers.

15—Powers

(1)
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

(2)
This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.

15A—Provisions creating offences

(1)
In this Law, a penalty set out at the foot of a provision indicates that contravention of the provision (whether by act or omission) constitutes an offence punishable on conviction by a penalty not exceeding the penalty so set out.
(2)
Subclause (1) applies whether or not the provision expressly creates an offence.
16—Effect of express references to bodies corporate and individuals
In this Law, a reference to a person generally (whether the expression "person", "party", "someone", "anyone", "no‑one", "one", "another" or "whoever" or another expression is used)—
(a)
does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and
(b)
does not exclude a reference to an individual or a body corporate merely because elsewhere in this Law there is particular reference to an individual (however expressed).

17—Production of records kept in computers etc

If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—
(a)
to produce the information or a document containing the information to a court, tribunal or person; or
(b)
to make a document containing the information available for inspection by a court, tribunal or person,
then, unless the court, tribunal or person otherwise directs—
(c)
the requirement obliges the person to produce or make available for inspection (as the case may be) a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and
(d)
the production to the court, tribunal or person of the document in that form complies with the requirement.

18—References to this jurisdiction to be implied

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.

19—References to officers and holders of offices

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.

20—Reference to certain provisions of Law

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.
21—Reference to provisions of this Law or an Act is inclusive
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.
Example—
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.

Part 4—Functions and powers

22—Exercise of statutory functions

(1)
If this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.
(2)
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.
(3)
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.
23—Power to make instrument or decision includes power to amend or repeal
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.
24—Matters for which statutory instruments may make provision
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.

25—Presumption of validity and power to make

(1)
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.
(2)
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.

26—Appointments may be made by name or office

(1)
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.
(2)
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.

27—Acting appointments

(1)
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.
(2)
The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.
(3)
The appointer may—
(a)
determine the terms and conditions of the appointment, including remuneration and allowances; and
(b)
terminate the appointment at any time.
(4)
The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.
(5)
The appointee must not act for more than 1 year during a vacancy in the office.
(6)
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.
(7)
The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.
(8)
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.
(9)
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.
(10)
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.
28—Powers of appointment imply certain incidental powers
(1)
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).
(2)
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.
(3)
The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.
(4)
An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

29—Delegation of functions

(1)
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.
(2)
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.
(3)
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.
(4)
A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.
(5)
The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.
(6)
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.
(7)
A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
A function that has been delegated may, despite the delegation, be exercised by the delegator.
(13)
The delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.
(14)
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.
(15)
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.
30—Exercise of powers between enactment and commencement
(1)
If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—
(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.
(2)
If a provision of a South Australian Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—
(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.
(3)
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).
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.

Part 5—Distance, time and age

31—Matters relating to distance, time and age

(1)
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.
(2)
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.
(3)
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.
(4)
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.

(5)
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.
(6)
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.
(7)
For the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.

Part 6—Effect of repeal, amendment or expiration

32—Time of Law ceasing to have effect

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.

33—Repealed provisions not revived

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.

34—Saving of operation of repealed Law provisions

(1)
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.
(2)
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.

35—Continuance of repealed provisions

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.

36—Law and amending Acts to be read as one

This Law and all South Australian Acts amending this Law are to be read as one.

Part 7—Instruments under Law

37—Schedule applies to statutory instruments

(1)
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.
(2)
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.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Rail Safety National Law (South Australia) Act 2012 repealed the following:
Rail Safety Act 2007
Legislation amended by principal Act
The Rail Safety National Law (South Australia) Act 2012 amended the following:
Rail Commissioner Act 2009
Railways (Operations and Access) Act 1997
Terrorism (Surface Transport Security) Act 2011
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2012
14
Rail Safety National Law (South Australia) Act 2012
10.5.2012
7.6.2012 (Gazette 7.6.2012 p2707) except ss 6, 7, Pts 3—5 and ss 3, 6, 8, 41—44, Pts 3—10 & Sch 1 to the Law—20.1.2013 (Gazette 13.12.2012 p5534)
2015
5
Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2015
21.5.2015
1.7.2015 (Gazette 18.6.2015 p2971)
2016
31
Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Act 2016
30.6.2016
1.8.2016 (Gazette 21.7.2016 p2989)
2017
14
Rail Safety National Law (South Australia) (Miscellaneous No 3) Amendment Act 2017
26.4.2017
1.7.2017 (Gazette 7.6.2017 p2044)
2017
63
Statutes Amendment (Drink and Drug Driving) Act 2017
12.12.2017
Pt 4 (ss 12, 14, 15, 16(2), (3))—22.2.2018; ss 13 & 16(1)—24.4.2018 (Gazette 13.2.2018 p732)
2018
(229)
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)
—
Sch 1 (cll 3 & 4)—1.12.2018: r 2
2019
4
Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2019
11.4.2019
1.7.2019 (Gazette 6.6.2019 p1754)
2019
25
Statutes Amendment and Repeal (Simplify) Act 2019
3.10.2019
Pt 39 (s 81)—3.10.2019: s 2(1)
2020
17
Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Act 2020
11.6.2020
1.7.2020 (Gazette 25.6.2020 p3504)
2021
17
Statutes Amendment (Transport Portfolio) Act 2021
20.5.2021
Pt 7 (ss 36 to 45)—12.12.2022 (Gazette 24.11.2022 p6688)
2021
30
Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021
2.9.2021
1.11.2021 (Gazette 14.10.2021 p3752)
2023
3
Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023
23.2.2023
1.5.2023 (Gazette 27.4.2023 p861)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
1.7.2015
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
1.7.2015
s 5
s 5(1)
registered nurse
amended by 229/2018 Sch 1 cl 3
1.12.2018
s 7
s 7(2)
amended by 25/2019 s 81
3.10.2019
Pt 4
s 9
s 9(1)
Metropolitan Adelaide
deleted by 17/2021 s 36
12.12.2022
oral fluid analysis
substituted by 63/2017 s 12
22.2.2018
s 11
substituted by 63/2017 s 13
24.4.2018
s 12
s 12(1)
amended by 5/2015 s 4
1.7.2015
s 12(6)
amended by 17/2021 s 37
12.12.2022
s 13
s 13(2)
substituted by 63/2017 s 14
22.2.2018
s 13(7)
amended by 17/2021 s 38
12.12.2022
s 14
s 14(3)
relevant period
substituted by 17/2021 s 39
12.12.2022
s 15
s 15(3)
relevant period
substituted by 17/2021 s 40
12.12.2022
s 16
s 16(1)—(4)
substituted by 17/2021 s 41
12.12.2022
s 17
amended by 17/2021 s 42(1)—(3)
12.12.2022
s 18
amended by 63/2017 s 15(1), (2)
22.2.2018
amended by 17/2021 s 43(1), (2)
12.12.2022
s 20
s 20(1)
amended by 17/2021 s 44(1)
12.12.2022
s 20(6)
amended by 63/2017 s 16(1)
24.4.2018
s 20(7)
substituted by 63/2017 s 16(2)
22.2.2018
s 20(12)
amended by 17/2021 s 44(2)
12.12.2022
s 20(13)
amended by 17/2021 s 44(3)
12.12.2022
s 20(15)
amended by 17/2021 s 44(4)
12.12.2022
s 20(16)
amended by 17/2021 s 44(5)
12.12.2022
s 20(20)
substituted by 63/2017 s 16(3)
22.2.2018
s 20(20a)
inserted by 63/2017 s 16(3)
22.2.2018
s 21
deleted by 17/2021 s 45
12.12.2022
Pt 5
Pt 5 Div 2
omitted under Legislation Revision and Publication Act 2002
1.7.2015
Pt 5 Div 4
expired: s 37—omitted under Rail Safety National Law (South Australia) Act 2012
(20.1.2013)
Rail Safety National Law
Pt 1
s 4
s 4(1)
accredited person
amended by 5/2015 s 5(1)
1.7.2015
AQF
deleted by 31/2016 s 4
1.8.2016
AQTF
deleted by 31/2016 s 4
1.8.2016
level crossing
substituted by 4/2019 s 4(1)
1.7.2019
rail infrastructure
amended by 17/2020 s 4
1.7.2020
rail or road crossing
substituted by 4/2019 s 4(2)
1.7.2019
railway crossing
deleted by 4/2019 s 4(3)
1.7.2019
registered person
amended by 5/2015 s 5(2)
1.7.2015
s 8
s 8(1)
amended by 17/2020 s 5(1)—(3)
1.7.2020
Pt 2
s 13
s 13(3)
prescribed authority
amended by 14/2017 s 4
1.7.2017
s 20
s 20(4)
deleted by 5/2015 s 6
1.7.2015
s 33
amended by 31/2016 s 5
1.8.2016
s 42
s 42(2)
amended by 3/2023 s 4
1.5.2023
s 43
s 43(2)
amended by 4/2019 s 5(1)
1.7.2019
s 43(3)
substituted by 4/2019 s 5(2)
1.7.2019
Pt 3
Pt 3 Div 4
Pt 3 Div Subdiv 2
s 64
s 64(2)
amended by 14/2017 s 5(1)
1.7.2017
s 64(4) and (5)
inserted by 14/2017 s 5(2)
1.7.2017
Pt 3 Div 4 Subdiv 3
s 72
s 72(1)
amended by 5/2015 s 7
1.7.2015
Pt 3 Div 4 Subdiv 4
heading
amended by 5/2015 s 8
1.7.2015
s 73
s 73(2)
amended by 5/2015 s 9(1), (2)
1.7.2015
s 73(4)
amended by 5/2015 s 9(3), (4)
1.7.2015
Pt 3 Div 4 Subdiv 5
s 76
s 76(3a)—(3c)
inserted by 5/2015 s 10
1.7.2015
s 76(4)
amended by 14/2017 s 6
1.7.2017
Pt 3 Div 5 Subdiv 3
s 91
s 91(1)
amended by 5/2015 s 11
1.7.2015
Pt 3 Div 5 Subdiv 4
heading
amended by 5/2015 s 12
1.7.2015
s 92
s 92(2)
amended by 5/2015 s 13(1)
1.7.2015
s 92(4)
amended by 5/2015 s 13(2), (3)
1.7.2015
s 94
s 94(2)
amended by 14/2017 s 7(1), (2)
1.7.2017
s 94(3)
amended by 14/2017 s 7(3), (4)
1.7.2017
s 94(4)
amended by 14/2017 s 7(5), (6)
1.7.2017
Pt 3 Div 5 Subdiv 5
s 96A
inserted by 5/2015 s 14
1.7.2015
Pt 3 Div 6
s 107
s 107(2)
amended by 4/2019 s 6
1.7.2019
s 117
s 117(2)
amended by 31/2016 s 6(1)
1.8.2016
s 117(6a)
inserted by 3/2023 s 5
1.5.2023
s 117(7)
inserted by 31/2016 s 6(2)
1.8.2016
Pt 3 Div 8
s 122A
inserted by 4/2019 s 7
1.7.2019
Pt 3 Div 9
s 127
s 127(1)—(4)
amended by 4/2019 s 8
1.7.2019
s 127A
inserted by 4/2019 s 9
1.7.2019
s 128
s 128(1)
amended by 5/2015 s 15
1.7.2015
s 128(1a)
inserted by 30/2021 s 4
1.11.2021
ss 128A—128C
inserted by 4/2019 s 10
1.7.2019
s 129
amended by 4/2019 s 11(1), (2)
1.7.2019
Pt 4
s 145
s 145(1)
amended by 5/2015 s 16
1.7.2015
s 149
s 149(1)
amended by 31/2016 s 7(1)
1.8.2016
s 149(2)
substituted by 31/2016 s 7(2)
1.8.2016
s 149(3)
amended by 31/2016 s 7(3), (4)
1.8.2016
s 168A
inserted by 5/2015 s 17
1.7.2015
Pt 5
s 183
s 183(1)
amended by 31/2016 s 8(1)
1.8.2016
s 183(3)
amended by 31/2016 s 8(2)
1.8.2016
s 199
s 199(1a)
inserted by 31/2016 s 9(1)
1.8.2016
s 199(8)
amended by 31/2016 s 9(2)
1.8.2016
s 199(9)
inserted by 31/2016 s 9(3)
1.8.2016
s 200
s 200(1) and (2)
amended by 4/2019 s 12
1.7.2019
Pt 6
Pt 6 Div 1
s 203
s 203(3)
amended by 5/2015 s 18
1.7.2015
amended by 3/2023 s 6(1), (2)
1.5.2023
Pt 6 Div 1A
inserted by 3/2023 s 7
1.5.2023
Pt 6 Div 2
heading
amended by 3/2023 s 8
1.5.2023
Pt 6 Div 2 Subdiv 3
s 212
s 212(1)
amended by 5/2015 s 19
1.7.2015
Pt 6 Div 2 Subdiv 4
heading
amended by 5/2015 s 20
1.7.2015
substituted by 14/2017 s 8
1.7.2017
s 213
s 213(2)
amended by 5/2015 s 21(1)
1.7.2015
s 213(4)
amended by 5/2015 s 21(2), (3)
1.7.2015
s 213A
inserted by 14/2017 s 9
1.7.2017
Pt 6 Div 2 Subdiv 6
inserted by 5/2015 s 22
1.7.2015
Pt 7
s 215
s 215(1)
amended by 5/2015 s 23(1), (2)
1.7.2015
amended by 14/2017 s 10(1)—(3)
1.7.2017
s 215(2)
amended by 5/2015 s 23(3)
1.7.2015
Pt 8
s 218
s 218(2)
substituted by 31/2016 s 10
1.8.2016
Pt 9
s 233
amended by 5/2015 s 24
1.7.2015
Pt 10
s 244
s 244(3)
amended by 4/2019 s 13(1), (2)
1.7.2019
s 248
s 248(3)
person to whom this section applies
amended by 229/2018 Sch 1 cl 4
1.12.2018
s 249
s 249(1)
amended by 5/2015 s 25(1)
1.7.2015
s 249(2)
amended by 5/2015 s 25(1), (2)
1.7.2015
s 249(4)
amended by 5/2015 s 25(2)
1.7.2015
s 260A
inserted by 31/2016 s 11
1.8.2016
Sch 2
cl 15A
inserted by 31/2016 s 12
1.8.2016
Historical versions
1.7.2015
1.8.2016
1.7.2017
22.2.2018
24.4.2018
1.12.2018
1.7.2019
3.10.2019
1.7.2020
1.11.2021
12.12.2022

Year	No	Title	Assent	Commencement
2012	14	Rail Safety National Law (South Australia) Act 2012	10.5.2012	7.6.2012 (Gazette 7.6.2012 p2707) except ss 6, 7, Pts 3—5 and ss 3, 6, 8, 41—44, Pts 3—10 & Sch 1 to the Law—20.1.2013 (Gazette 13.12.2012 p5534)
2015	5	Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2015	21.5.2015	1.7.2015 (Gazette 18.6.2015 p2971)
2016	31	Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Act 2016	30.6.2016	1.8.2016 (Gazette 21.7.2016 p2989)
2017	14	Rail Safety National Law (South Australia) (Miscellaneous No 3) Amendment Act 2017	26.4.2017	1.7.2017 (Gazette 7.6.2017 p2044)
2017	63	Statutes Amendment (Drink and Drug Driving) Act 2017	12.12.2017	Pt 4 (ss 12, 14, 15, 16(2), (3))—22.2.2018; ss 13 & 16(1)—24.4.2018 (Gazette 13.2.2018 p732)
2018	(229)	Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)	—	Sch 1 (cll 3 & 4)—1.12.2018: r 2
2019	4	Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2019	11.4.2019	1.7.2019 (Gazette 6.6.2019 p1754)
2019	25	Statutes Amendment and Repeal (Simplify) Act 2019	3.10.2019	Pt 39 (s 81)—3.10.2019: s 2(1)
2020	17	Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Act 2020	11.6.2020	1.7.2020 (Gazette 25.6.2020 p3504)
2021	17	Statutes Amendment (Transport Portfolio) Act 2021	20.5.2021	Pt 7 (ss 36 to 45)—12.12.2022 (Gazette 24.11.2022 p6688)
2021	30	Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021	2.9.2021	1.11.2021 (Gazette 14.10.2021 p3752)
2023	3	Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023	23.2.2023	1.5.2023 (Gazette 27.4.2023 p861)

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	1.7.2015
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	1.7.2015
s 5
s 5(1)
registered nurse	amended by 229/2018 Sch 1 cl 3	1.12.2018
s 7
s 7(2)	amended by 25/2019 s 81	3.10.2019
Pt 4
s 9
s 9(1)
Metropolitan Adelaide	deleted by 17/2021 s 36	12.12.2022
oral fluid analysis	substituted by 63/2017 s 12	22.2.2018
s 11	substituted by 63/2017 s 13	24.4.2018
s 12
s 12(1)	amended by 5/2015 s 4	1.7.2015
s 12(6)	amended by 17/2021 s 37	12.12.2022
s 13
s 13(2)	substituted by 63/2017 s 14	22.2.2018
s 13(7)	amended by 17/2021 s 38	12.12.2022
s 14
s 14(3)
relevant period	substituted by 17/2021 s 39	12.12.2022
s 15
s 15(3)
relevant period	substituted by 17/2021 s 40	12.12.2022
s 16
s 16(1)—(4)	substituted by 17/2021 s 41	12.12.2022
s 17	amended by 17/2021 s 42(1)—(3)	12.12.2022
s 18	amended by 63/2017 s 15(1), (2)	22.2.2018
amended by 17/2021 s 43(1), (2)	12.12.2022
s 20
s 20(1)	amended by 17/2021 s 44(1)	12.12.2022
s 20(6)	amended by 63/2017 s 16(1)	24.4.2018
s 20(7)	substituted by 63/2017 s 16(2)	22.2.2018
s 20(12)	amended by 17/2021 s 44(2)	12.12.2022
s 20(13)	amended by 17/2021 s 44(3)	12.12.2022
s 20(15)	amended by 17/2021 s 44(4)	12.12.2022
s 20(16)	amended by 17/2021 s 44(5)	12.12.2022
s 20(20)	substituted by 63/2017 s 16(3)	22.2.2018
s 20(20a)	inserted by 63/2017 s 16(3)	22.2.2018
s 21	deleted by 17/2021 s 45	12.12.2022
Pt 5
Pt 5 Div 2	omitted under Legislation Revision and Publication Act 2002	1.7.2015
Pt 5 Div 4	expired: s 37—omitted under Rail Safety National Law (South Australia) Act 2012	(20.1.2013)
Rail Safety National Law
Pt 1
s 4
s 4(1)
accredited person	amended by 5/2015 s 5(1)	1.7.2015
AQF	deleted by 31/2016 s 4	1.8.2016
AQTF	deleted by 31/2016 s 4	1.8.2016
level crossing	substituted by 4/2019 s 4(1)	1.7.2019
rail infrastructure	amended by 17/2020 s 4	1.7.2020
rail or road crossing	substituted by 4/2019 s 4(2)	1.7.2019
railway crossing	deleted by 4/2019 s 4(3)	1.7.2019
registered person	amended by 5/2015 s 5(2)	1.7.2015
s 8
s 8(1)	amended by 17/2020 s 5(1)—(3)	1.7.2020
Pt 2
s 13
s 13(3)
prescribed authority	amended by 14/2017 s 4	1.7.2017
s 20
s 20(4)	deleted by 5/2015 s 6	1.7.2015
s 33	amended by 31/2016 s 5	1.8.2016
s 42
s 42(2)	amended by 3/2023 s 4	1.5.2023
s 43
s 43(2)	amended by 4/2019 s 5(1)	1.7.2019
s 43(3)	substituted by 4/2019 s 5(2)	1.7.2019
Pt 3
Pt 3 Div 4
Pt 3 Div Subdiv 2
s 64
s 64(2)	amended by 14/2017 s 5(1)	1.7.2017
s 64(4) and (5)	inserted by 14/2017 s 5(2)	1.7.2017
Pt 3 Div 4 Subdiv 3
s 72
s 72(1)	amended by 5/2015 s 7	1.7.2015
Pt 3 Div 4 Subdiv 4
heading	amended by 5/2015 s 8	1.7.2015
s 73
s 73(2)	amended by 5/2015 s 9(1), (2)	1.7.2015
s 73(4)	amended by 5/2015 s 9(3), (4)	1.7.2015
Pt 3 Div 4 Subdiv 5
s 76
s 76(3a)—(3c)	inserted by 5/2015 s 10	1.7.2015
s 76(4)	amended by 14/2017 s 6	1.7.2017
Pt 3 Div 5 Subdiv 3
s 91
s 91(1)	amended by 5/2015 s 11	1.7.2015
Pt 3 Div 5 Subdiv 4
heading	amended by 5/2015 s 12	1.7.2015
s 92
s 92(2)	amended by 5/2015 s 13(1)	1.7.2015
s 92(4)	amended by 5/2015 s 13(2), (3)	1.7.2015
s 94
s 94(2)	amended by 14/2017 s 7(1), (2)	1.7.2017
s 94(3)	amended by 14/2017 s 7(3), (4)	1.7.2017
s 94(4)	amended by 14/2017 s 7(5), (6)	1.7.2017
Pt 3 Div 5 Subdiv 5
s 96A	inserted by 5/2015 s 14	1.7.2015
Pt 3 Div 6
s 107
s 107(2)	amended by 4/2019 s 6	1.7.2019
s 117
s 117(2)	amended by 31/2016 s 6(1)	1.8.2016
s 117(6a)	inserted by 3/2023 s 5	1.5.2023
s 117(7)	inserted by 31/2016 s 6(2)	1.8.2016
Pt 3 Div 8
s 122A	inserted by 4/2019 s 7	1.7.2019
Pt 3 Div 9
s 127
s 127(1)—(4)	amended by 4/2019 s 8	1.7.2019
s 127A	inserted by 4/2019 s 9	1.7.2019
s 128
s 128(1)	amended by 5/2015 s 15	1.7.2015
s 128(1a)	inserted by 30/2021 s 4	1.11.2021
ss 128A—128C	inserted by 4/2019 s 10	1.7.2019
s 129	amended by 4/2019 s 11(1), (2)	1.7.2019
Pt 4
s 145
s 145(1)	amended by 5/2015 s 16	1.7.2015
s 149
s 149(1)	amended by 31/2016 s 7(1)	1.8.2016
s 149(2)	substituted by 31/2016 s 7(2)	1.8.2016
s 149(3)	amended by 31/2016 s 7(3), (4)	1.8.2016
s 168A	inserted by 5/2015 s 17	1.7.2015
Pt 5
s 183
s 183(1)	amended by 31/2016 s 8(1)	1.8.2016
s 183(3)	amended by 31/2016 s 8(2)	1.8.2016
s 199
s 199(1a)	inserted by 31/2016 s 9(1)	1.8.2016
s 199(8)	amended by 31/2016 s 9(2)	1.8.2016
s 199(9)	inserted by 31/2016 s 9(3)	1.8.2016
s 200
s 200(1) and (2)	amended by 4/2019 s 12	1.7.2019
Pt 6
Pt 6 Div 1
s 203
s 203(3)	amended by 5/2015 s 18	1.7.2015
amended by 3/2023 s 6(1), (2)	1.5.2023
Pt 6 Div 1A	inserted by 3/2023 s 7	1.5.2023
Pt 6 Div 2
heading	amended by 3/2023 s 8	1.5.2023
Pt 6 Div 2 Subdiv 3
s 212
s 212(1)	amended by 5/2015 s 19	1.7.2015
Pt 6 Div 2 Subdiv 4
heading	amended by 5/2015 s 20	1.7.2015
substituted by 14/2017 s 8	1.7.2017
s 213
s 213(2)	amended by 5/2015 s 21(1)	1.7.2015
s 213(4)	amended by 5/2015 s 21(2), (3)	1.7.2015
s 213A	inserted by 14/2017 s 9	1.7.2017
Pt 6 Div 2 Subdiv 6	inserted by 5/2015 s 22	1.7.2015
Pt 7
s 215
s 215(1)	amended by 5/2015 s 23(1), (2)	1.7.2015
amended by 14/2017 s 10(1)—(3)	1.7.2017
s 215(2)	amended by 5/2015 s 23(3)	1.7.2015
Pt 8
s 218
s 218(2)	substituted by 31/2016 s 10	1.8.2016
Pt 9
s 233	amended by 5/2015 s 24	1.7.2015
Pt 10
s 244
s 244(3)	amended by 4/2019 s 13(1), (2)	1.7.2019
s 248
s 248(3)
person to whom this section applies	amended by 229/2018 Sch 1 cl 4	1.12.2018
s 249
s 249(1)	amended by 5/2015 s 25(1)	1.7.2015
s 249(2)	amended by 5/2015 s 25(1), (2)	1.7.2015
s 249(4)	amended by 5/2015 s 25(2)	1.7.2015
s 260A	inserted by 31/2016 s 11	1.8.2016
Sch 2
cl 15A	inserted by 31/2016 s 12	1.8.2016