Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023 (SA)

South Australia

Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023

An Act to amend the Rail Safety National Law (South Australia) Act 2012.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision in Part 2 amends the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012.

Part 2Amendment of Rail Safety National Law

4Amendment of section 42 – National Rail Safety Register

Section 42(2)(e)—delete "conferred on a person" and substitute:

granted under Part 6

5Amendment of section 117 – Assessment of competence

Section 117—after subsection (6) insert:

1. (6a)

   A person who provides a document or information in relation to the assessment by a rail transport operator of the competency of that person to carry out rail safety work that the person knows—

   1. (a)

      is false or misleading in a material particular; or

   2. (b)

      omits any matter or thing without which the document or information is misleading,

is guilty of an offence.

Maximum penalty: $10 000.

6Amendment of section 203 – Ministerial exemptions

1. (1)

   Section 203(3)(a)—delete paragraph (a) and substitute:

   1. (a)

      vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or

2. (2)

   Section 203(3)—after paragraph (a) insert:

   1. (ab)

      cancel an exemption; or

7Insertion of Part 6 Division 1A

After Part 6 Division 1 insert:

Division 1A—Exemptions granted by Regulator in event of emergency

203A—Exemptions granted by Regulator in event of emergency

1. (1)

   The Regulator may, in the event of an emergency, by notice in the South Australian Government Gazette, exempt rail transport operators or rail transport operators of a class, from the operation of section 114 in respect of the railway operations, or specified railway operations, of the operator.

2. (2)

   The Regulator may grant an exemption under subsection (1)—

   1. (a)

      on conditions specified in the notice; and

   2. (b)

      for a period (not exceeding 3 months) specified in the notice.

3. (3)

   The Regulator may, at any time, by further notice in the South Australian Government Gazette—

   1. (a)

      vary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or

   2. (b)

      cancel an exemption; or

   3. (c)

      vary or cancel a condition of an exemption.

4. (4)

   A rail transport operator who, without reasonable excuse, contravenes a condition of an exemption that applies to the operator is guilty of an offence.

Maximum penalty:

1. (a)

   in the case of an individual—$20 000;

2. (b)

   in the case of a body corporate—$100 000.

1. (5)

   Subsection (4) places an evidential burden on the accused to show a reasonable excuse.

2. (6)

   The Regulator must publish a copy of a notice under this section on the ONRSR's website.

3. (7)

   In this section—

emergency means an event or circumstance that is declared to be an emergency or disaster by—

1. (a)

   the Commonwealth or a State or Territory; or

2. (b)

   a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.

8Amendment of heading to Part 6 Division 2

Heading to Part 6 Division 2—after "Regulator" insert:

on application