Transport (Rail Safety) Act 2010 (Qld)

Transport (Rail Safety) Act 2010

An Act to provide for rail safety, and for related purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Transport (Rail Safety) Act 2010.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Division 2 Objects and application of Act

3   Objects

Having regard to the importance of ensuring rail safety and regulatory efficiency, the objects of this Act are—

(a)  to provide for improvement of the safe carrying out of railway operations; and

(b)  to provide for the management of risks associated with railway operations; and

(c)  to make special provision for the control of particular risks arising from railway operations; and

(d)  to promote public confidence in the safety of transport of passengers or freight by rail.

4   Ways this Act achieves its objects

(1)  This section states the ways this Act achieves its objects.

(2) This Act, the Work Health and Safety Act and the Electrical Safety Act impose duties and obligations directed at ensuring rail safety on—

(a)  rail transport operators and other persons carrying out railway operations; and

(b)  rail safety workers.

Note—

The Work Health and Safety Act and the Electrical Safety Act also impose duties on other persons whose activities could affect rail safety, including for example, persons who conduct a business or undertaking that designs, manufactures, supplies, installs, constructs or commissions a thing that is to be used as or in connection with rail infrastructure or rolling stock.

(3)  This Act also provides for a system of accreditation directed at ensuring rail transport operators have the competence and capacity to carry out particular railway operations safely that includes the following—

(a)  a requirement to be accredited before carrying out the railway operations;

(b)  criteria for deciding whether or not a rail transport operator is suitable for carrying out the railway operations;

(c)  a requirement to have a safety management system for the railway operations that—

(i)  is established and updated in consultation with persons who carry out work, or will carry out work, in relation to the railway operations; and

(ii)  provides for the assessment, evaluation and control of all risks associated with the railway operations.

(4)  This Act also provides for the following—

(a)  a coordinated approach to the management of the following—

(i)  risks to safety arising from a rail transport operator’s railway operations caused by the railway operations of another rail transport operator;

(ii)  risks to safety arising from railway operations on or in relation to rail infrastructure caused by the existence or use of a rail or road crossing for a road;

(iii)  risks to safety arising from the existence or use of a rail or road crossing for a road caused by railway operations on or in relation to rail infrastructure;

(b)  the establishment and implementation of plans and programs to manage particular risks to the safety of railway operations arising from security incidents, emergencies, poor health and fitness of workers, fatigue of workers and the presence of alcohol and drugs in workers;

(c)  measures for ensuring rail safety workers are competent and not impaired by the presence of alcohol or drugs;

(d)  the reporting of information about, and the auditing, monitoring and investigation of, the carrying out of railway operations, including, in particular, reporting and investigation of notifiable occurrences and other occurrences that endanger or could endanger the safe operation of railway operations.

5   Application of Act generally

(1)  This Act applies to railway operations, rail safety work and other activities associated with railway operations.

(2)  However, this Act does not apply to railway operations, rail safety work or another activity relating to any of the following—

(a)  a railway that—

(i)  is part of, and used solely for, mining operations; and

(ii)  is not connected to a railway used to transport passengers or freight;

(b)  a slipway;

(c)  a railway used only to guide a crane;

(d)  an aerial cable operated system;

(e)  a railway that—

(i)  is operated solely within an amusement or theme park; and

(ii) is an amusement device required to be registered under the Work Health and Safety Act for its use; and

(iii)  does not operate on or across a road;

(f)  a monorail;

(g)  a cane railway;

(h)  a railway, or a class of railway, prescribed under a temporary regulation to be a railway to which this Act does not apply.

(3)  In this section—

cane railway means a railway that—

(a)  is operated, entirely or partly, on an access right under the Sugar Industry Act 1999 , chapter 2, part 4; and

(b)  is used, or proposed to be used, to transport sugar cane, sugar or sugar cane by-products; and

(c)  does not transport—

(i)  passengers; or

(ii)  freight other than sugar cane, sugar or sugar cane by-products.

mining operations means—

(a)  coal mining operations within the meaning of the Coal Mining Safety and Health Act 1999 , schedule 3; or

(b)  operations within the meaning of the Mining and Quarrying Safety and Health Act 1999 , section 10.

6   Application of Act to circumstances to which Electrical Safety Act applies

(1)  This section applies if—

(a)  this Act, in the absence of this section, would have application in particular circumstances; and

(b) the Electrical Safety Act also has application in the circumstances.

(2) This Act does not have application in the circumstances to the extent that the Electrical Safety Act has application.

(3)  Without limiting subsection (2) , to the extent that this Act would impose on a person a rail safety duty that is concurrent with an electrical safety duty imposed on the person under the Electrical Safety Act, the rail safety duty does not apply to the person.

Example for subsection (3) —

Section 24 of this Act imposes a duty on a rail transport operator to ensure rail safety is not affected by the carrying out of the operator’s railway operations. Under the Electrical Safety Act, a duty is imposed on a person conducting a business or undertaking to ensure the business or undertaking is conducted in a way that is electrically safe. Accordingly, the duty under this Act of a rail transport operator to ensure rail safety is not affected by the carrying out of the operator’s railway operations does not include a duty to ensure the railway operations are carried out in a way that is electrically safe.

Note—

See the Work Health and Safety Act, schedule 1 , part 2, division 2 for a similar provision to this section.

7   Act binds all persons

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Division 3 Interpretation

8   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

9   Meaning of railway operations

Each of the following are railway operations—

(a)  the construction of a railway, railway tracks and associated track structures or rolling stock;

(b)  the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;

(c)  the commissioning, maintenance, repair, modification or decommissioning of rolling stock;

(d)  the operation or movement, or causing the operation or movement in any way, of rolling stock on a railway track, including for the construction or restoration of rail infrastructure or operating a railway service.

Note—

The commissioning, installation and decommissioning of rail infrastructure, and the commissioning and decommissioning of rolling stock, are railway operations for this Act. However, the Work Health and Safety Act and Electrical Safety Act impose duties about the safety of the commissioning, installation and decommissioning. See section 6 and part 2 for the application of those Acts.

10   Meaning of rail safety work

(1)  Work that is of any of the following classes is rail safety work—

(a)  driving or despatching rolling stock or another similar activity capable of controlling or affecting the movement of rolling stock;

(b)  signalling, including signalling operations, receiving or relaying communications or another similar activity capable of controlling or affecting the movement of rolling stock;

(c)  coupling or uncoupling rolling stock;

(d)  maintaining, repairing, modifying, monitoring, inspecting or testing rolling stock, including checking that the rolling stock is working properly before being used;

(e)  installation of components in relation to rolling stock;

(f)  work on or about rail infrastructure relating to the design, construction, maintenance, repair, modification, monitoring, upgrading, inspection or testing of the rail infrastructure or associated works or equipment, including checking that the rail infrastructure is working properly before being used;

(g)  installation or maintenance of—

(i)  a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or

(ii)  the way of supplying electricity directly to rail infrastructure, to rolling stock using rail infrastructure, or to a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure;

(h)  work involving certification about the safety of rail infrastructure or rolling stock or a component of rail infrastructure or rolling stock;

(i)  work involving the decommissioning of rail infrastructure or rolling stock or a component of rail infrastructure or rolling stock;

(j)  work involving the development, management or monitoring of safe working systems for a railway;

(k)  work involving the management or monitoring of the safety of passengers on or at a railway;

(l)  any other work prescribed under a temporary regulation to be rail safety work.

(2)  However, rail safety work does not include work prescribed under a temporary regulation not to be rail safety work.

Notes—

1  In this Act, the term rail safety work is used to describe work that could affect the safety of railways. It is not used to describe work that is directed at ensuring rail safety.

2 Work relating to the design of rail infrastructure or involving the decommissioning of rail infrastructure or rolling stock is rail safety work for this Act. However, the Work Health and Safety Act and Electrical Safety Act impose duties about the safety of the design and decommissioning. See section 6 and part 2 for the application of those Acts.

11   Corresponding laws

For the purposes of corresponding laws—

(a)  this Act is a rail safety law; and

(b)  the chief executive is the rail safety regulator for this Act.

Division 4 Ensuring rail safety

12   Ensuring rail safety

Rail safety is ensured when persons, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public, are free from—

(a)  death, injury or illness caused by railway operations, rail safety work or other activities associated with railway operations; and

(b)  risk of death, injury or illness caused by railway operations, rail safety work or other activities associated with railway operations.

Part 2    Relationship with Work Health and Safety Act

13   Purpose of pt 2

The purpose of this part is to explain, in general terms, the operation of this Act in relation to the operation of the Work Health and Safety Act.

14   Application of this Act in circumstances to which Work Health and Safety Act applies

(1)  This section applies if—

(a)  this Act applies in particular circumstances; and

(b) the Work Health and Safety Act also has application in the circumstances.

Note—

Under schedule 1 , part 2, division 3 of the Work Health and Safety Act, that Act does not apply to circumstances to which part 3, division 2 of this Act applies.

(2)  The Work Health and Safety Act continues to apply, and must be complied with, in addition to this Act.

Notes—

1  See the Acts Interpretation Act 1954 , section 45 for the prohibition on punishing a person more than once in relation to an act or omission constituting an offence under 2 or more laws.

2 See the Work Health and Safety Act, schedule 1 , part 2, division 4 for the application of that Act, including the continued application of that Act even if another Act imposes a lesser standard for particular duties about health and safety.

(3) If this Act is inconsistent with the Work Health and Safety Act, the Work Health and Safety Act prevails to the extent of the inconsistency.

(4) However, this Act is not inconsistent with the Work Health and Safety Act only because it—

(a) imposes additional duties on a person on whom a duty is imposed under the Work Health and Safety Act; or

(b)  otherwise increases the standards of safety required for railway operations, rail safety work or another activity associated with railway operations.

(5)  Without limiting subsection (2) , (3) or (4) —

(a) if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of the Work Health and Safety Act and not with the provision of this Act; and

(b) if a provision of this Act deals with a particular matter and a provision of the Work Health and Safety Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.

15   Safety directions and relationship with Work Health and Safety Act

(1)  It is a defence in a proceeding against a person for a safety direction contravention for the person to prove—

(a)  the person committed the act or omission constituting the safety direction contravention as part of complying with the person’s workplace health and safety duties; and

(b)  it was not reasonably practicable for the person to comply with the workplace health and safety duties without committing the act or omission constituting the safety direction contravention; and

(c)  in committing the act or omission constituting the safety direction contravention, the person did each of the following—

(i)  chose an appropriate way to diminish the consequences of the safety direction contravention;

(ii)  took reasonable precautions to diminish the consequences of the safety direction contravention;

(iii)  exercised proper diligence to diminish the consequences of the safety direction contravention.

(2)  In this section—

safety direction contravention means a contravention of an improvement notice or prohibition notice.

workplace health and safety duties, of a person, means—

(a) the person’s health and safety duties under the Work Health and Safety Act, part 2; or

(b) the person’s duty to comply with a direction, notice or order under the Work Health and Safety Act, part 10, divisions 1 to 3.

16   Compliance with this Act is no defence for Work Health and Safety Act

Compliance with this Act, or a duty or requirement imposed under it, is not in itself a defence in a proceeding for an offence against the Work Health and Safety Act.

Note—

See the Work Health and Safety Act, schedule 1 , part 2, division 4 for the requirement to discharge duties under that Act even though another Act imposes similar obligations with a lower standard.

Part 3    Rail safety duties

Division 1 Preliminary matters

17   Duty applying to more than 1 person

If more than 1 person has a rail safety duty for a matter, each person—

(a)  retains responsibility for the person’s rail safety duty for the matter; and

(b)  must discharge the person’s rail safety duty to the extent the matter is within the person’s control; and

(c)  must consult, and cooperate, with all other persons who have a rail safety duty for the matter.

18   Person may owe rail safety duties in more than 1 capacity

A person on whom a rail safety duty is imposed may be subject to more than 1 rail safety duty.

Examples—

1  A person may manage rail infrastructure and operate or move rolling stock on the rail infrastructure and be subject to rail safety duties in both capacities.

2  A person may operate or move rolling stock on rail infrastructure and undertake to operate or move other rolling stock on the rail infrastructure for another person and be subject to rail safety duties in both capacities.

19   Civil liability not affected by this part

(1)  This part does not—

(a)  create a civil cause of action based on a contravention of a provision of this part; or

(b)  affect a civil right or remedy existing apart from this part, whether at common law or otherwise.

(2)  Without limiting subsection (1) (b) , compliance with this part does not necessarily show that a civil obligation existing apart from this part has been satisfied or has not been breached.

(3)  This section does not affect the interpretation of this Act other than this part.

Division 2 Rail transport operators and particular contractors

20   Explanation of div 2

(1)  The object of this division is to ensure, so far as is reasonably practicable, rail safety is not affected by the carrying out of prescribed railway operations.

(2)  The object is achieved by providing for the elimination or minimisation of risks to safety caused by prescribed railway operations so far as is reasonably practicable.

(3)  This division acknowledges that to ensure the efficient, effective and safe carrying out of prescribed railway operations it is necessary—

(a)  to provide for express and specific duties for ensuring rail safety is not affected by the carrying out of prescribed railway operations; and

(b)  to ensure the duties mentioned in paragraph (a) are consistently imposed and applied nationally.

(4)  This division seeks to strike an appropriate balance between—

(a)  the need for nationally consistent duties and obligations for ensuring rail safety; and

(b) the need for consistency with the Work Health and Safety Act, which is the main Act that deals with the health and safety of people at work including people at work at railway premises or other premises where railway operations are carried out.

(5)  To achieve the balance mentioned in subsection (4) —

(a)  the duties imposed under this division are limited to prescribed railway operations; and

(b) health and safety duties under the Work Health and Safety Act continue to apply to other railway operations and to activities associated with railway operations.

Note—

See schedule 1 , part 2, division 3 of the Work Health and Safety Act.

(6)  For subsection (5) (a) , prescribed railway operations are identified as requiring nationally consistent duties and requirements to ensure the effective and efficient carrying out of the prescribed railway operations across State borders.

21   Application of div 2

This division applies only in relation to prescribed railway operations of a rail transport operator, including prescribed railway operations carried out by another person on the operator’s behalf.

Note—

Under section 14 , the Work Health and Safety Act continues to apply in relation to other railway operations.

Example—

A rail infrastructure manager whose railway operations include prescribed railway operations and the decommissioning of rail infrastructure or rolling stock is subject to a rail safety duty under section 24 in relation to the prescribed railway operations and a health and safety duty under the Work Health and Safety Act, section 19 in relation to the decommissioning.

22   Meaning of prescribed railway operations

(1)  The following are prescribed railway operations—

(a)  the operation or movement of rolling stock on a railway track;

(b)  an activity that affects the safe operation or movement of rolling stock on a railway track, as mentioned in subsection (2) .

(2)  For subsection (1) (b) and subject to subsection (3) , the following are activities that affect the safe operation or movement of rolling stock on a railway track—

(a)  constructing—

(i)  a railway track; or

(ii)  an associated track structure that is necessary to ensure the safe operation or movement of rolling stock on a railway track;

Examples of associated track structures necessary to ensure the safe operation or movement of rolling stock on a railway track—

bridge, cutting, drainage works, excavation, landfill, siding, track support earthworks, tunnel

(b)  constructing any of the following if the construction is carried out on or in the immediate vicinity of a railway track—

(i)  a signalling system, communications system or rolling stock control system associated with the operation or movement of rolling stock on the railway track;

(ii)  an electrical traction system associated with the operation or movement of rolling stock on the railway track;

(iii)  a part of a system mentioned in subparagraph (i) or (ii);

(c)  maintaining, repairing or modifying any of the following if the activity is carried out on or in the immediate vicinity of a railway track—

(i)  rail infrastructure mentioned in paragraph (a) or (b);

(ii)  a data management system associated with the operation or movement of rolling stock on the railway track;

(iii)  a notice or sign erected or placed on or in the immediate vicinity of the railway track;

(iv)  plant, machinery or equipment associated with the operation or movement of rolling stock on the railway track;

Examples for subparagraph (iv)—

plant, machinery or equipment forming part of a level crossing, bridge or another structure used to cross over or under a railway

(v)  rolling stock;

(d)  operating any of the following to the extent the activity affects the operation or movement of rolling stock on a railway track—

(i)  a signalling system, communications system, rolling stock control system or data management system;

(ii)  an electrical traction system;

(iii)  plant, machinery or equipment;

Examples for subparagraph (iii)—

plant, machinery or equipment forming part of a level crossing, bridge or another structure used to cross over or under a railway

(e)  an activity that affects the safe operation or movement of rolling stock on a railway track and is prescribed under a temporary regulation for this section.

(3)  Constructing, maintaining, repairing or modifying a platform, station, tram stop or similar structure or works are not activities that affect the safe operation or movement of rolling stock on a railway track.

Note—

Railway operations not mentioned in subsection (2) and railway operations mentioned in subsection (3) are not the subject of rail safety duties under this division. See the Work Health and Safety Act and Electrical Safety Act for duties about safety for those railway operations.

23   Concept of ensuring that rail safety is not affected by prescribed railway operations

(1)  A duty imposed on a person under this division to ensure, so far as is reasonably practicable, rail safety is not affected by prescribed railway operations carried out by or on behalf of the person requires the person—

(a)  to eliminate the risks to safety caused by the prescribed railway operations, so far as is reasonably practicable; or

(b)  if it is not reasonably practicable to eliminate the risks to safety caused by the prescribed railway operations—to reduce the risks so far as is reasonably practicable.

(2)  Subsection (3) states the matters to which regard must be had in deciding the following—

(a)  whether or not it is reasonably practicable to eliminate a risk to safety caused by prescribed railway operations;

(b)  the things that should be done or omitted to be done by a person to eliminate or reduce, so far as is reasonably practicable, a risk to safety caused by prescribed railway operations.

(3)  The following are the matters to which regard must be had—

(a)  the likelihood of the risk eventuating;

(b)  the degree of harm that would result if the risk eventuated;

(c)  what the person concerned knows or ought reasonably to know about the risk and any ways of eliminating or reducing the risk;

(d)  the availability and suitability of ways to eliminate or reduce the risk;

(e)  the cost of eliminating or reducing the risk.

24   Duty to ensure rail safety

A rail transport operator must ensure, so far as is reasonably practicable, rail safety is not affected by the carrying out of the operator’s prescribed railway operations.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

25   When rail transport operator fails to discharge duty

(1)  Without limiting section 24 , a rail transport operator contravenes the section if the operator fails to do any of the following—

(a)  develop and implement, so far as is reasonably practicable, safe working systems for carrying out the prescribed railway operations;

(b)  ensure, so far as is reasonably practicable, that each rail safety worker who carries out rail safety work for the prescribed railway operations—

(i)  is of sufficient good health and fitness to carry out the work safely; and

(ii)  is competent to carry out the work;

(c)  ensure, so far as is reasonably practicable, that each rail safety worker who is on duty for carrying out rail safety work for the prescribed railway operations—

(i)  has less alcohol present in the worker’s blood or breath than the concentration prescribed under a regulation; and

(ii)  is not impaired by a drug;

(d)  ensure, so far as is reasonably practicable, that each rail safety worker who carries out rail safety work for the prescribed railway operations complies with the operator’s fatigue management program in force under section 85 ;

(e)  provide, so far as is reasonably practicable, adequate facilities for the safety of persons at prescribed railway premises under the control or management of the operator;

(f)  provide, so far as is reasonably practicable, each rail safety worker with the information, instruction, training and supervision that is necessary to ensure the worker’s rail safety when carrying out rail safety work for the prescribed railway operations;

(g)  provide, so far as is reasonably practicable, other rail transport operators and other persons at prescribed railway premises under the control or management of the operator with the information that is necessary to ensure the operators’ and persons’ rail safety.

(2)  For subsection (1) (c) , a rail safety worker is on duty for carrying out rail safety work if the worker—

(a)  is about to carry out the rail safety work; or

(b)  is carrying out the rail safety work; or

(c)  has just carried out the rail safety work.

(3)  In this section—

prescribed railway premises means railway premises at which prescribed railway operations are carried out.

26   When rail infrastructure manager fails to discharge duty

Without limiting section 24 or 25 , a rail infrastructure manager contravenes section 24 if the manager fails to do any of the following—

(a)  ensure, so far as is reasonably practicable, that the construction, maintenance, repair, modification or operation of the manager’s rail infrastructure is done or carried out in a way that ensures rail safety is not affected by the prescribed railway operations;

Note—

This paragraph does not include a reference to the commissioning, decommissioning, design or installation of rail infrastructure because the duty imposed under section 24 does not apply to the commissioning, decommissioning, design or installation. See the Work Health and Safety Act and Electrical Safety Act for duties about the safety of the commissioning, decommissioning, design or installation.

(b)  establish, so far as is reasonably practicable, systems and procedures for the scheduling, control and monitoring of the prescribed railway operations that ensure rail safety is not affected by the railway operations.

27   When rolling stock operator fails to discharge duty

Without limiting section 24 or 25 , a rolling stock operator contravenes section 24 if the operator fails to do any of the following—

(a)  provide or maintain, for the prescribed railway operations, rolling stock that, so far as is reasonably practicable, is safe;

(b)  ensure, so far as is reasonably practicable, that the maintenance, repair, modification, cleaning, operation or movement of rolling stock is done or carried out in a way that ensures rail safety is not affected by the prescribed railway operations;

Note—

This paragraph does not include a reference to the commissioning, decommissioning or design of rolling stock because the duty imposed under section 24 does not apply to the commissioning, decommissioning or design. See the Work Health and Safety Act and Electrical Safety Act for duties about the safety of the commissioning, decommissioning or design.

(c)  comply, so far as is reasonably practicable, with the systems and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager for the use of the manager’s rail infrastructure by the operator;

(d)  so far as is reasonably practicable, establish and maintain equipment, systems and procedures to minimise risks to the safety of the prescribed railway operations;

(e)  make arrangements for ensuring, so far as is reasonably practicable, rail safety in connection with the maintenance, repair, modification, operation and movement of the operator’s rolling stock for the prescribed railway operations.

28   Duty of rail transport operator extends to contractors

(1)  This section applies if a person (a contractor) undertakes prescribed railway operations on behalf of a rail transport operator, other than as an employee of the operator.

(2)  The duties under this division applying to the rail transport operator in relation to the prescribed railway operations apply to the contractor to the extent the duties relate to matters over which the operator has control or would have had control if not for an agreement purporting to limit or remove the control.

(3)  The contractor must comply with the duties applying to the contractor under subsection (2) in relation to the rail transport operator’s prescribed railway operations undertaken by the contractor.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

Division 3 Rail safety workers

Subdivision 1 Preliminary

29   Explanation of div 3

(1)  The object of this division is to ensure rail safety is not affected by the activities of rail safety workers.

(2)  The object is achieved by imposing duties on rail safety workers directed at ensuring the safety of the workers, and other persons at railway premises, is not affected by the workers’ acts or omissions.

Note—

Under section 14 , the Work Health and Safety Act continues to apply, and must be complied with, in addition to this Act.

30   Definition for div 3

In this division—

relevant operator, for rail safety work, means—

(a)  if the rail safety work relates to railway operations carried out by a rail transport operator—the rail transport operator; or

(b)  

if the rail safety work relates to railway operations carried out by a person (contractor) who undertakes the railway operations on behalf of a rail transport operator, other than as an employee of the operator—the contractor and the rail transport operator.

31   Particular provisions of Criminal Code do not apply

The Criminal Code, sections 23 and 24 do not apply to an offence under this division.

Notes—

1  The Criminal Code, section 23 deals with a person’s criminal responsibility for an act or omission that happens independently of the person’s will or for an event that is accidental.

2  The Criminal Code, section 24 deals with a person’s criminal responsibility for an act or omission done under an honest and reasonable, but mistaken, belief in the state of things.

Subdivision 2 Duties

32   Duty to take reasonable care for particular rail safety work

(1)  A rail safety worker, when carrying out prescribed rail safety work, must—

(a)  take reasonable care for the worker’s own safety; and

(b)  take reasonable care for the safety of persons who may be affected by the worker’s acts or omissions.

Note—

Rail safety work that is not prescribed rail safety work is not the subject of a duty under this section. See the Work Health and Safety Act and Electrical Safety Act for duties about safety for rail safety work that is not prescribed rail safety work.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

(2)  For subsection (1) (a) or (b) , in deciding whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.

(3)  In this section—

prescribed rail safety work means rail safety work involving—

(a)  rolling stock; or

(b)  a railway track or associated track structure.

33   Duty to comply with relevant operator’s instructions

(1)  This section applies if—

(a)  a relevant operator has given a rail safety worker who is carrying out, or is about to carry out, rail safety work an instruction relating to the way the rail safety work must be carried out; and

(b)  the rail safety worker knows, or ought reasonably to know, the instruction is action, or a part of action, that is taken by the relevant operator to comply with a requirement under this Act.

(2)  The rail safety worker must comply with the instruction given by the relevant operator when carrying out the rail safety work.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

(3)  In this section—

requirement includes rail safety duty.

34   Duty to not interfere with or misuse things provided by relevant operator

A rail safety worker, when carrying out rail safety work, must not, intentionally or recklessly, interfere with or misuse anything provided to the worker by the relevant operator for the work—

(a)  in the interests of ensuring safety of persons; or

(b)  under this Act.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

35   Duty to not place safety of others at risk

(1)  This section applies to a rail safety worker carrying out rail safety work on or in the immediate vicinity of rail infrastructure.

(2)  The rail safety worker must not, intentionally or recklessly, place at risk the safety of another person on or in the immediate vicinity of the rail infrastructure.

Maximum penalty—

(a)  if the breach causes multiple deaths—2000 penalty units or 3 years imprisonment; or

(b)  if the breach causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or

(c)  if the breach causes bodily harm—750 penalty units or 1 year’s imprisonment; or

(d)  if the breach involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or

(e)  otherwise—500 penalty units or 6 months imprisonment.

Subdivision 3 Defences

36   Compliance with regulation etc.

(1)  It is a defence in a proceeding against a person for a contravention of a duty imposed on the person under this division for the person to prove—

(a)  if a regulation makes provision in relation to preventing the contravention of the duty—that the person complied with the regulation to prevent the contravention; or

(b)  if a compliance code has been made in relation to a duty stating a way or ways to prevent the contravention of the duty—

(i)  that the person adopted and followed a stated way to prevent the contravention; or

(ii)  that the person adopted and followed another way to comply with the duty and took reasonable precautions and exercised proper diligence to prevent the contravention; or

(c)  if no regulation makes provision, and no compliance code has been made, in relation to preventing the contravention of the duty—that the person chose an appropriate way and took reasonable precautions and exercised proper diligence to prevent the contravention.

(2)  In this section, a reference to a regulation or compliance code is a reference to the regulation or code in force at the time of the contravention.

37   Causes over which person has no control

It is a defence in a proceeding against a person for an offence against this division for the person to prove that the commission of the offence was due to causes over which the person had no control.

Part 4    Other requirements relating to safety of railway operations

Division 1 Preliminary

38   Civil liability not affected by this part

(1)  This part does not—

(a)  create a civil cause of action based on a contravention of a provision of this part; or

(b)  affect a civil right or remedy that exists apart from this part, whether at common law or otherwise.

(2)  Without limiting subsection (1) (b) , compliance with this part does not necessarily show that a civil obligation that exists apart from this part has been satisfied or has not been breached.

(3)  This section does not affect the interpretation of this Act other than this part.

Division 2 Accreditation requirement

Subdivision 1 Requirement to be accredited

39   Accreditation required for railway operations

(1)  A person must not carry out, or cause or permit to be carried out, railway operations unless—

(a)  the person is a rail transport operator who is accredited for the railway operations; or

(b)  the person is exempt under this Act from the requirement to be accredited for the railway operations; or

(c)  the person is, whether as an employee or otherwise, carrying out the railway operations, or causing or permitting the railway operations to be carried out, on behalf of another person who is—

(i)  accredited for the railway operations; or

(ii)  exempt under this Act from the requirement to be accredited for the railway operations.

Maximum penalty—500 penalty units.

(2)  To remove any doubt, it is declared that a person is accredited for railway operations only if the accreditation for the railway operations is in force and has not been suspended under this Act.

Subdivision 2 Exemption for related body corporate

40   Accreditation not required for related body corporate

(1)  This section applies if—

(a)  railway operations are carried out by or on behalf of both a corporation and a related body corporate of the corporation; and

(b)  the corporation is accredited for the railway operations.

(2)  The related body corporate is exempt from the requirement to be accredited for the railway operations.

Note—

See section 61 for the requirement to apply for an exemption notice.

(3)  In this section—

related body corporate see the Corporations Act, section 50 .

Subdivision 3 Exemption for private sidings

41   Accreditation not required for particular railway operations on or at private siding

A rail infrastructure manager of a private siding is exempt from the requirement to be accredited for the following railway operations carried out on or at the siding by or on behalf of the manager—

(a)  the construction of a railway, railway tracks and associated track structures;

(b)  the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure.

Notes—

1  See section 61 for the requirement to apply for an exemption notice.

2 This section refers to the commissioning, installation and decommissioning of rail infrastructure because, under this Act, accreditation is required for all railway operations. However, the Work Health and Safety Act and the Electrical Safety Act impose duties about the safety of the commissioning, installation and decommissioning. See section 6 and part 2 for the application of those Acts.

Subdivision 4 Exemption for particular railway operations on application

42   Exemption may be granted

(1)  The chief executive may exempt a person from the requirement to be accredited for railway operations, on or at a low risk railway, of a stated scope and nature that are proposed to be carried out by or on behalf of the person.

(2)  For subsection (1) , the stated scope and nature of the railway operations includes—

(a)  the railway operations for which the exemption is granted under subsection (3) ; and

(b)  details of the nature of the railway operations mentioned in paragraph (a), including, for example—

(i)  the location of the railway operations or the rail infrastructure to which the railway operations relate; and

(ii)  for railway operations relating to rolling stock—the type of rolling stock that can be used for the railway operations or the type of traction system that can be used for the railway operations.

(3)  An exemption under subsection (1) may be granted for 1 or more of the following—

(a)  all or stated railway operations on or at a stated low risk railway;

(b)  a service or aspect, or part of a service or aspect, of stated railway operations on or at a stated low risk railway;

(c)  construction of stated rail infrastructure for a stated low risk railway;

(d)  an activity that is part of railway operations on or at a stated low risk railway, including, for example, the following—

(i)  site preparation;

(ii)  restoration or repair work;

(iii)  testing of a railway track or other rail infrastructure;

(iv)  another activity considered appropriate by the chief executive.

43   Application for exemption

(1)  A person may apply to the chief executive to exempt the person from the requirement to be accredited for railway operations, on or at a low risk railway, of a stated scope and nature that are proposed to be carried out by or on behalf of the person.

(2)  The application for the exemption must—

(a)  be in the approved form; and

(b)  state the scope and nature of the railway operations for which the exemption is sought.

(3)  The chief executive may, by notice, require the applicant—

(a)  to supply further information; or

(b)  to verify by statutory declaration any information supplied to the chief executive.

44   What applicant must demonstrate and conditions that may be imposed

(1)  The chief executive may grant an exemption under this subdivision, with or without conditions, to the applicant only if the chief executive is satisfied that granting the exemption would not be likely to create risks to the safety of the railway operations greater than that which would be the case if the applicant was required to be accredited for the railway operations.

(2)  In making a decision under subsection (1) , the chief executive must have regard to the following—

(a)  the scope and nature of the railway operations;

(b)  for railway operations relating to the operation or movement of rolling stock on a railway track—

(ii)  the speed at which the rolling stock is to move on the railway track; and

(iii)  whether there is to be more than 1 rolling stock moving on the railway track at the same time and, if so, whether the rolling stock will cross on the track; and

(iv)  whether any members of the public will be at or near the railway track while the rolling stock is moving on it;

(c)  anything else the chief executive considers relevant.

(3)  For subsection (1) , the chief executive may impose on the exemption a condition about the safe construction, maintenance or operation of—

(a)  rail infrastructure for the railway operations; or

(b)  rolling stock used as part of the railway operations.

Note—

This subsection empowers the chief executive to impose conditions about the safe construction, maintenance or operation of rail infrastructure or rolling stock used in railway operations the subject of an exemption under this subdivision because divisions 3 to 5 (which include requirements about safety management) do not apply to the railway operations.However, a rail transport operator carrying out the railway operations, or a person carrying out the railway operations on behalf of a rail transport operator, is also subject to rail safety duties under part 2, and duties about safety under the Work Health and Safety Act and Electrical Safety Act, in relation to the railway operations.

(4)  However, a condition imposed under subsection (3) can not apply to railway operations the subject of an accreditation.

(5)  To remove any doubt, it is declared that a condition imposed by the chief executive under subsection (3) may be the same as, or similar to, a requirement of a provision of divisions 3 to 5 applying to railway operations the subject of an accreditation.

45   Considering application

(1)  This section applies if a person applies for an exemption under section 43 for railway operations.

(2)  The chief executive must consider the application and—

(a)  if the chief executive is satisfied of the matter mentioned in section 44 (1) in relation to the railway operations—grant the exemption, with or without conditions; or

(b)  refuse the application.

(3)  The chief executive must grant the exemption, or refuse the application, before the latest of the following periods ends—

(a)  6 months after the application was received by the chief executive;

(b)  if the chief executive requested further information in relation to the application—6 months, or another period agreed to by the chief executive and the applicant, after the chief executive receives the final information requested;

(c)  if the chief executive, by notice to the applicant before the expiry of a period mentioned in paragraph (a) or (b), nominates another period ending after the period mentioned in paragraph (a) or (b)—the nominated period.

(4)  If the chief executive gives a notice under subsection (3) (c) , the notice must include, or be accompanied by, an information notice for the decision to extend the period mentioned in the subsection.

46   Steps after application decided

(1)  If the chief executive grants an exemption under this subdivision, the chief executive must give the applicant—

(a)  a notice stating the matters mentioned in subsection (2) ; and

(b)  if the chief executive has imposed a condition on the exemption—an information notice for the decision to impose the condition.

(2)  A notice under subsection (1) (a) must state the following—

(a)  the details of the applicant prescribed under a regulation;

(b)  that the applicant is exempt from the requirement to be accredited for railway operations of the scope and nature for which the exemption is granted;

(c)  the scope and nature of the railway operations for which the exemption is granted;

(d)  if the chief executive has imposed conditions on the exemption—the conditions.

(3)  If the chief executive decides to refuse an application for an exemption under this subdivision, the chief executive must give the applicant an information notice for the decision.

47   Effect of exemption

A person who is granted an exemption under this subdivision for railway operations of a stated scope and nature is exempt from the requirement to be accredited for the railway operations.

48   Operator etc. must not contravene condition of exemption

(1)  This section applies if the chief executive imposes conditions on an exemption granted under this subdivision.

(2)  A person carrying out railway operations for which the exemption is granted must not contravene a condition of the exemption.

Maximum penalty—80 penalty units.

49   Grounds for varying, suspending or revoking exemption

(1)  This section applies if—

(a)  an exemption under this subdivision was granted because of a document or representation that is false or misleading or obtained or made in another improper way; or

(b)  the chief executive reasonably considers—

(i)  risks to the safety of the railway operations the subject of an exemption under this subdivision are greater than that which would be the case if the person granted the exemption was required to be accredited for the railway operations; or

(ii)  the person granted an exemption under this subdivision is unable to carry out railway operations the subject of the exemption in a way that complies with the duties or requirements under this Act for the railway operations; or

(c)  the person granted an exemption under this subdivision has contravened this Act.

(2)  The chief executive may, by complying with section 50 —

(a)  vary the exemption in either or both of the following ways—

(i)  by varying the scope and nature of the railway operations that are the subject of the exemption;

(ii)  by varying the conditions of the exemption, including by imposing new conditions; or

(b)  suspend the exemption wholly or partly, or in relation to stated railway operations, for a stated period; or

(c)  revoke the exemption wholly or partly, or in relation to stated railway operations, with immediate effect or with effect from a stated future date.

50   Procedure for varying, suspending or revoking exemption

(1)  Before making a decision under section 49 , the chief executive must—

(a)  give the person a notice stating—

(i)  that the chief executive is considering making a decision under section 49 of the type, and for the reasons, stated in the notice; and

(ii)  that the person may, within the period of at least 28 days stated in the notice, make written representations to the chief executive showing cause why the decision should not be made; and

(b)  consider any representations made under paragraph (a)(ii) that have not been withdrawn.

(2)  If, after considering the written representations, the chief executive decides to act under section 49 , the chief executive must give the person an information notice for the decision.

(3)  If the chief executive decides to revoke the exemption, the information notice must also include a direction to the person to return the notice given under section 46 (1) for the exemption to the chief executive within 14 days after receiving the information notice.

(4)  A person who is directed under subsection (3) to return a notice must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)  A decision under section 49 takes effect on the later of the following—

(a)  the day the information notice is given to the person;

(b)  the day of effect stated in the information notice.

(6)  If, after considering the written representations, the chief executive decides action is no longer required under section 49 in relation to the exemption, the chief executive must give the person notice of the decision.

51   Suspending exemption immediately

(1)  This section applies if the chief executive reasonably considers there is, or would be, an immediate and serious risk to the safety of persons if a person’s exemption under this subdivision is not suspended immediately.

(2)  The chief executive may, by notice given to the person and without complying with section 50 , immediately suspend the person’s exemption—

(a)  wholly or partly, or in relation to stated railway operations; and

(b)  for a stated period not exceeding 6 weeks.

(3)  The notice given under subsection (2) must include, or be accompanied by, an information notice.

(4)  The chief executive may amend a suspension of a person’s exemption under this section to—

(a)  reduce the period of suspension; or

(b)  extend the period of suspension so long as the total suspension period does not exceed 6 weeks.

(5)  Before amending a suspension of a person’s exemption under this section to extend the period of suspension, the chief executive must—

(a)  give the person a notice stating—

(i)  that the chief executive is considering extending the period of suspension for the reasons stated in the notice; and

(ii)  that the person may, within the period of at least 7 days stated in the notice, make written representations to the chief executive showing cause why the suspension should not be extended; and

(b)  consider any representations made under paragraph (a)(ii) that have not been withdrawn.

(6)  If, after considering the written representations, the chief executive decides to amend the suspension of a person’s exemption to extend the period of suspension, the chief executive must give the person an information notice for the decision.

(7)  If the chief executive decides to amend the suspension of a person’s exemption to reduce the period of suspension, the chief executive must give the person a notice stating the new period of suspension.

Subdivision 5 Provisions about particular private sidings

52   Application of sdiv 5

This subdivision applies to a private siding if rail infrastructure railway operations carried out on or at the siding by or on behalf of the rail infrastructure manager of the siding are not the subject of an accreditation.

53   Definitions for sdiv 5

In this subdivision—

accredited railway means a railway in relation to which an accreditation for rail infrastructure railway operations has been granted.

rail infrastructure railway operations means—

(a)  the construction of a railway, railway tracks and associated track structures; or

(b)  the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure.

54   Connection or access between private siding and accredited railway

(1)  This section applies if a rail infrastructure manager of a private siding and an accredited person for an accredited railway have entered into an agreement about the siding’s connection with, or access to, the railway.

(2)  The accredited person may—

(a)  disconnect the private siding from the accredited railway; or

(b)  close the connection between the private siding and the accredited railway.

(3)  However, before taking action under subsection (2) , the accredited person must—

(a)  give at least 3 months notice of the proposed action to the rail infrastructure manager; or

(b)  obtain written agreement to the proposed action from the rail infrastructure manager.

(4)  If the accredited person acts under subsection (2) , the accredited person may, by notice, require the rail infrastructure manager to remove any part of the private siding (the part) that is on land managed by the accredited person.

(5)  If the rail infrastructure manager does not remove the part within a reasonable time, the accredited person may remove it and recover the costs of the removal from the manager as a debt.

(6)  Subsections (2) to (5) are subject to the agreement between the rail infrastructure manager and the accredited person.

Note—

See section 38 for an explanation of the relationship between this part (including this section) and civil liability.

55   Particular private sidings required to be registered

(1)  This section applies if a rail infrastructure manager of a private siding wishes the siding—

(a)  to be connected with, or to have access to, an accredited railway; or

(b)  if on the day this section takes effect the siding is connected with, or has access to, an accredited railway—to continue to be connected with, or have access to, the accredited railway.

(2)  The rail infrastructure manager must lodge with the chief executive a request for the registration of the private siding that—

(a)  is in the approved form; and

(b)  is accompanied by a document that—

(i)  lists each accredited railway to which the siding is or is proposed to be connected, or has or is proposed to have access; and

(ii)  identifies each (if any) interface arrangement applying to both railway operations at the siding and railway operations at the accredited railway mentioned in subparagraph (i).

Note—

See also section 58 (2) .

(3)  After receiving a request under subsection (2) , the chief executive must, within a reasonable period—

(a)  register the private siding, with or without conditions; and

(b)  issue a notice of registration to the rail infrastructure manager.

(4)  For subsection (3) (a) , the chief executive may impose a condition on the registration of a private siding about the safe construction, maintenance or operation of the siding.

Note—

This subsection empowers the chief executive to impose conditions about the safe construction, maintenance or operation of a private siding because divisions 3 to 5 (which include requirements about safety management) do not apply to railway operations carried out on or at the private siding that are exempt from accreditation under section 41 .However, the rail infrastructure manager is also subject to rail safety duties under part 2, and duties about safety under the Work Health and Safety Act and Electrical Safety Act, in relation to railway operations carried out on or at the private siding.

(5)  However, a condition imposed under subsection (4) can not apply to railway operations the subject of an accreditation.

(6)  If the chief executive has imposed conditions on the registration, the notice of registration issued under subsection (3) (b) must—

(a)  state the conditions; and

(b)  be accompanied by an information notice for the decision to impose the conditions.

(7)  The chief executive must make the registration particulars prescribed under a regulation available for inspection by the public during office hours on business days at the following places—

(a)  each office of the department;

(b)  each other place prescribed under a regulation.

(8)  A rail infrastructure manager of a private siding must not allow the siding to be connected with, or have access to, an accredited railway unless the manager has received a notice of registration for the siding under this section.

Maximum penalty—80 penalty units.

(9)  Subsection (8) applies despite any agreement mentioned in section 54 (1) .

(10)  To remove any doubt, it is declared that a condition imposed by the chief executive under subsection (4) may be the same as, or similar to, a requirement of a provision of divisions 3 to 5 applying to railway operations the subject of an accreditation.

56   Prescribed registration conditions

(1)  A regulation may prescribe a condition (a prescribed registration condition) about the safe construction, maintenance or operation of a private siding to which a person’s registration of a private siding is subject.

(2)  However, a condition prescribed under subsection (1) can not apply to railway operations the subject of an accreditation.

(3)  If there is an inconsistency between a condition stated on a registration notice for a private siding and a prescribed registration condition applying to the registration of the siding—

(a)  the prescribed registration condition applies to the extent of the inconsistency; and

(b)  the condition stated on the registration notice has no effect to the extent of the inconsistency.

(4)  For the application of a prescribed registration condition to a person’s registration of a private siding, it is irrelevant when the registration takes effect.

(5)  To remove any doubt, it is declared that a regulation may prescribe a condition for subsection (1) that is the same as, or similar to, a requirement of a provision of divisions 3 to 5 applying to railway operations the subject of an accreditation.

57   Compliance with registration conditions for private siding

(1)  A person carrying out railway operations on or at a private siding registered under section 55 must not contravene a registration condition of the registration.

Maximum penalty—80 penalty units.

(2)  In this section—

registration condition, of the registration of a private siding, means—

(a)  a prescribed registration condition under section 56 to which the registration is subject; or

(b)  a condition stated on the registration notice for the siding.

58   Annual registration fees

(1)  Subject to subsection (2) , the rail infrastructure manager of a private siding registered under section 55 must pay the annual registration fee prescribed under a regulation by the date prescribed under the regulation.

Note—

If the rail infrastructure manager fails to pay an annual registration fee, the unpaid fee may be recovered under section 281 .

(2)  The annual registration fee payable for the first year of registration must accompany the request for registration lodged under section 55 (2) .

59   Interface coordination for registered private siding

(1)  This section applies if a private siding—

(a)  is or is proposed to be connected with, or has or is proposed to have access to, an accredited railway; and

(b)  is registered under section 55 .

(2)  The rail infrastructure manager of the private siding must—

(a)  identify, so far as is reasonably practicable, risks to the safety of persons arising, or potentially arising, from railway operations carried out by or on behalf of the manager that may be caused, wholly or partly, by railway operations carried out by or on behalf of the accredited person for the accredited railway; and

(b)  assess the identified risks; and

(c)  identify measures to manage the identified risks so far as is reasonably practicable; and

(d)  for managing the identified risks, reasonably seek to enter into an interface agreement for the identified risks with the accredited person.

Maximum penalty—200 penalty units.

(3)  The rail infrastructure manager may identify and assess the risks mentioned in subsection (2) (a) —

(a)  independently; or

(b)  jointly with the accredited person for the accredited railway; or

(c)  by adopting the identification and assessment of the risks carried out by the accredited person for the accredited railway.

(4)  The accredited person for the accredited railway must—

(a)  identify, so far as is reasonably practicable risks to the safety of persons arising, or potentially arising, from railway operations carried out by or on behalf of the person that may be caused, wholly or partly, by railway operations carried out by or on behalf of the rail infrastructure manager; and

(b)  assess the identified risks; and

(c)  identify measures to manage the identified risks so far as is reasonably practicable; and

(d)  for managing the identified risks, reasonably seek to enter into an interface agreement for the identified risks with the rail infrastructure manager.

Maximum penalty—200 penalty units.

(5)  The accredited person may identify and assess the risks mentioned in subsection (4) (a) —

(a)  independently; or

(b)  jointly with the rail infrastructure manager of the private siding; or

(c)  by adopting the identification and assessment of the risks carried out by the rail infrastructure manager of the private siding.

(6)  Subsection (7) applies if the chief executive is satisfied the rail infrastructure manager or accredited person—

(a)  is unreasonably refusing or failing to enter into an interface agreement under subsection (2) or (4) ; or

(b)  is unreasonably delaying the negotiation of an interface agreement the manager and person are seeking to enter into under subsection (2) or (4) .

(7)  Sections 77 and 78 apply in relation to the rail infrastructure manager and accredited person as if subsection (2) or (4) were a relevant provision mentioned in section 77 (1) .

(8)  The rail infrastructure manager must give the accredited person notice of any railway operations being, or about to be, carried out on or at the private siding that may affect the safety of persons on or at the accredited railway.

Maximum penalty—200 penalty units.

(9)  The accredited person must give the rail infrastructure manager notice of any railway operations being, or about to be, carried out on or at the accredited railway that may affect the safety of persons on or at the private siding.

Maximum penalty—200 penalty units.

(10)  A rail infrastructure manager of a private siding must prepare and keep a register containing—

(a)  a copy of each interface agreement applying to railway operations carried out by or on behalf of the manager; and

(b)  a copy of each interface direction given in relation to railway operations carried out by or on behalf of the manager.

Maximum penalty—100 penalty units.

(11)  An accredited person must include the following in the accredited person’s register kept under section 79 —

(a)  a copy of each interface agreement applying to the person’s railway operations under this section;

(b)  a copy of each interface direction relating to the person’s railway operations given to the person under this section.

Maximum penalty—100 penalty units.

60   Chief executive may cancel registration of private siding

The chief executive may cancel the registration of a private siding under section 55 if—

(a)  the siding is not or is no longer connected with, or does not have or no longer has access to, an accredited railway; and

(b)  the chief executive has obtained written agreement for the cancellation from the rail infrastructure manager of the siding.

Subdivision 6 Exemption notices

61   Requirement to obtain exemption notice

(1)  This section applies if this Act, other than subdivision 4, provides that a person is exempt from the requirement to be accredited for particular railway operations carried out by or on behalf of the person.

(2)  The person must apply to the chief executive for the issue of an exemption notice under this section.

Note—

Under section 96 , a rail transport operator who is exempt from the requirement to be accredited for particular railway operations must have the exemption notice for the exemption available for inspection.

(3)  The chief executive must give the person an exemption notice for the railway operations immediately after receiving the application.

(4)  In this section—

exemption notice, for railway operations carried out by or on behalf of a person, means a notice stating the person is exempt from the requirement to be accredited for the railway operations.

Division 3 Requirements about safety management

Subdivision 1 Application

62   Application of div 3

This division does not apply in relation to railway operations carried out by or on behalf of a rail transport operator for which the operator is exempt under this Act from the requirement to be accredited.

Subdivision 2 Safety management system

63   Requirement to have and implement safety management system

(1)  A rail transport operator must have and implement a safety management system complying with this division for railway operations carried out by or on behalf of the operator.

Maximum penalty—200 penalty units.

(2)  Subsection (3) applies if 2 or more rail transport operators have an interface arrangement applying to risks to the safety of persons arising, or potentially arising, from railway operations carried out by or on behalf of any of them.

(3)  If the safety management systems of all of the rail transport operators, when taken as 1 system, comply with this division, each safety management system is taken to comply with this division.

64   General requirements for safety management system

(1)  A rail transport operator’s safety management system for railway operations must—

(a)  be in the approved form; and

(b)  comply with—

(i)  the requirements prescribed under a regulation; and

(ii)  the risk management principles, methods and procedures prescribed under a regulation; and

(c)  identify and assess the risks to safety of persons arising or potentially arising from the carrying out of the railway operations; and

(d)  state—

(i)  the controls, including audits, expertise, resources and staff, that are to be used by the operator to manage risks to the safety of persons, and to monitor the safety of persons, in relation to the railway operations; and

(ii)  the procedures for monitoring, reviewing and revising the adequacy of the controls mentioned in subparagraph (i); and

(e)  include measures to manage risks to the safety of persons identified under section 59 , 72 , 73 or 74 ; and

(f)  include a copy of each of the following applying in relation to the railway operations—

(i)  the operator’s security management plan under section 81 ;

(ii)  the operator’s emergency management plan under section 82 ;

(iii)  the operator’s health and fitness management program under section 83 ;

(iv)  the operator’s alcohol and drug management program under section 84 ;

(v)  the operator’s fatigue management program under section 85 .

(2)  Also, a rail transport operator’s safety management system for railway operations must identify—

(a)  the person responsible for preparing each part of the safety management system; and

(b)  the person, or class of persons, responsible for implementing the system.

65   Review of safety management system

(1)  A rail transport operator must review the operator’s safety management system in the way prescribed under a regulation—

(a)  if a regulation prescribes when or the periods within which the review must be conducted—at the prescribed times or within the prescribed periods; or

(b)  if paragraph (a) does not apply and the operator and chief executive have agreed when or the periods within which the review must be conducted—at the agreed times or within the agreed periods; or

(c)  otherwise—at least yearly.

Maximum penalty—200 penalty units.

(2)  This section is subject to section 289 (3) .

66   Consultation requirement

A rail transport operator, before establishing a safety management system for railway operations, or reviewing or varying a safety management system for railway operations, must, so far as is reasonably practicable, consult with—

(a)  persons likely to be affected by the system or its review or variation who are persons—

(i)  who carry out, or are likely to carry out, the railway operations; or

(ii)  who work, or are likely to work, on or at the operator’s railway premises; or

(iii)  who work, or are likely to work, on or with the operator’s rolling stock; and

(b) health and safety representatives, within the meaning of the Work Health and Safety Act, representing any of the persons mentioned in paragraph (a); and

(c)  unions representing any of the persons mentioned in paragraph (a); and

(d)  any other rail transport operator, or a responsible road manager for a road, with whom the operator has an interface arrangement; and

(e)  the public, as appropriate.

67   Operator must not contravene safety management system

(1)  A rail transport operator must not contravene the operator’s safety management system for railway operations, unless the operator has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)  It is a reasonable excuse for a rail transport operator contravening the safety management system if—

(a)  the contravention can not be avoided without the operator contravening—

(i)  an accreditation condition of the operator’s accreditation for the railway operations; or

(ii)  an improvement notice or prohibition notice; or

(b)  without the contravention, the likelihood of a notifiable occurrence happening would increase.

(3)  Subsection (2) does not limit the excuses that may be reasonable excuses for subsection (1) .

68   Contractor must not contravene safety management system

(1)  This section applies if a person (a contractor) undertakes railway operations on behalf of a rail transport operator, other than as an employee of the operator.

(2)  Before the contractor starts carrying out the railway operations, the rail transport operator must—

(a)  give the contractor a notice stating where and when the contractor may inspect the parts of the operator’s safety management system applying to the railway operations (the relevant parts); and

(b)  ensure the relevant parts are available for inspection by the contractor in the way stated in the notice.

Maximum penalty—200 penalty units.

(3)  The contractor must not, unless the contractor has a reasonable excuse, contravene the rail transport operator’s safety management system, to the extent the system applies to the railway operations undertaken by the contractor.

Maximum penalty—200 penalty units.

(4)  It is a reasonable excuse for a person contravening the safety management system if—

(a)  the contravention can not be avoided without the person contravening—

(i)  an accreditation condition of the accreditation for the railway operations of the rail transport operator for whom the person is undertaking the railway operations; or

(ii)  an improvement notice or prohibition notice; or

(b)  without the contravention, the likelihood of a notifiable occurrence happening would increase; or

(c)  the person complied with the parts of the safety management system that were made available to the person under subsection (2) .

(5)  Subsection (4) does not limit the excuses that may be reasonable excuses for subsection (3) .

69   Chief executive may direct amendment of safety management system

(1)  The chief executive may, by notice, direct a rail transport operator to amend the operator’s safety management system within a stated period of at least 28 days after the direction is given.

(2)  A notice giving a direction under subsection (1) must include, or be accompanied by, an information notice for the decision to give the direction.

(3)  The rail transport operator must comply with the direction unless the operator has a reasonable excuse.

Maximum penalty for subsection (3) —200 penalty units.

Subdivision 3 Safety performance reports

70   Requirement to give safety performance report

(1)  A rail transport operator must, for each reporting period, give the chief executive a safety performance report complying with subsection (2) within 6 months after the end of the period.

Maximum penalty—100 penalty units.

(2)  The safety performance report must—

(a)  be in the approved form; and

(b)  comply with the requirements prescribed under a regulation; and

(c)  include the following—

(i)  a description and assessment of the safety performance of railway operations carried out by or on behalf of the rail transport operator;

(ii)  comments on any deficiencies in, and any irregularities in, the railway operations that may be relevant to ensuring rail safety in relation to the railway operations;

(iii)  a description of any initiatives undertaken in the reporting period, or proposed to be undertaken in the next reporting period, relating to the safety of persons in relation to the railway operations;

(iv)  any other information or performance indicators prescribed under a regulation.

(3)  In this section—

reporting period means a calendar year or, if the chief executive and rail transport operator have agreed on another period for this section, the other period.

Subdivision 4 Interface coordination

71   Meaning and scope of interface agreements

(1)  An interface agreement, for risks to the safety of persons, is a written agreement about managing the risks that provides for the following—

(a)  implementing and maintaining measures for managing the risks;

(b)  the evaluation, testing and, if necessary, revision of the measures mentioned in paragraph (a);

(c)  the roles and responsibilities of each party to the agreement in relation to the measures mentioned in paragraph (a);

(d)  the procedures by which each party will monitor compliance with the obligations under the agreement;

(e)  a process for keeping the agreement under review and how any review will be conducted and implemented.

(2)  An interface agreement—

(a)  may be entered into by—

(i)  2 or more rail transport operators; or

(ii)  1 or more rail transport operators and 1 or more responsible road managers for a road; and

(b)  may include measures to manage any number of the following—

(i)  risks to the safety of persons arising, or potentially arising, from railway operations carried out by or on behalf of a rail transport operator that may be caused, wholly or partly, by railway operations carried out by or on behalf of another rail transport operator;

(ii)  risks to the safety of persons arising, or potentially arising, from railway operations carried out on or in relation to rail infrastructure that may be caused, wholly or partly, by the existence or use of a rail or road crossing;

(iii)  risks to the safety of persons arising, or potentially arising, from the existence or use of a rail or road crossing that may be caused, wholly or partly, by railway operations carried out on or in relation to rail infrastructure; and

(c)  may provide for a matter by applying, adopting or incorporating a matter contained in another document (with or without modification); and

(d)  may consist of 2 or more documents.

72   Rail transport operator’s obligation relating to another rail transport operator’s railway operations

(1)  A rail transport operator must—

(a)  identify, so far as is reasonably practicable, risks to the safety of persons arising, or potentially arising, from railway operations carried out by or on behalf of the operator that may be caused, wholly or partly, by railway operations carried out by or on behalf of another rail transport operator; and

(b)  assess the identified risks; and

(c)  identify measures to manage the identified risks so far as is reasonably practicable; and

(d)  for managing the identified risks, reasonably seek to enter into an interface agreement for the identified risks with the other operator.

Maximum penalty—200 penalty units.

(2)  Unless otherwise provided in a temporary regulation, subsection (1) (d) does not apply if neither the rail transport operator nor the other rail transport operator is a rail infrastructure manager.

(3)  For subsection (1) , the rail transport operator may identify and assess the risks—

(a)  independently; or

(b)  jointly with the other rail transport operator; or

(c)  by adopting the identification and assessment of the risks carried out by the other rail transport operator.

73   Rail infrastructure manager’s obligation relating to rail or road crossing for a public road

(1)  A rail infrastructure manager must—

(a)  identify, so far as is reasonably practicable, risks to the safety of persons arising, or potentially arising, from railway operations carried out on or in relation to the manager’s rail infrastructure that may be caused, wholly or partly, by the existence or use of a rail or road crossing for a public road; and

(b)  assess the identified risks; and

(c)  identify measures to manage the identified risks so far as is reasonably practicable; and

(d)  for managing the identified risks, reasonably seek to enter into an interface agreement for the identified risks with the responsible road manager for the road.

Maximum penalty—200 penalty units.

(2)  For subsection (1) , the rail infrastructure manager may identify and assess the risks—

(a)  independently; or

(b)  jointly with the responsible road manager for the road; or

(c)  by adopting the identification and assessment of the risks carried out by the responsible road manager for the road.

74   Rail infrastructure manager’s obligation relating to rail or road crossing for a private road

(1)  A rail infrastructure manager must—

(a)  identify, so far as is reasonably practicable, risks to the safety of persons arising, or potentially arising, from railway operations carried out on or in relation to the manager’s rail infrastructure that may be caused, wholly or partly, by the existence or use of a rail or road crossing for a private road; and

Subdivision 2 Other internal and external reviews

318   Internal reviews about particular decisions

(1)  Subsection (2) applies if—

(a)  a person has, under the unamended TIA, section 485, applied to the chief executive for a review of a TIA reviewable decision; and

(b)  a decision on the application for review has not been made before the commencement.

(2)  A decision on the application for review must be made under the unamended TIA.

(3)  Subsection (5) applies if—

(a)  immediately before the commencement, a person could have applied to the chief executive under the unamended TIA, section 485 for a review of a TIA reviewable decision; and

(b)  the person has not made the application before the commencement.

(4)  Subsection (5) also applies to a decision mentioned in section 288 (3) or (6) or section 302 (5) .

(5)  The person may apply to the chief executive for a review of the decision as provided under the unamended TIA, section 485, and the chief executive’s decision on that application must be made under the unamended TIA.

(6)  For subsections (2) and (5) , the unamended TIA continues to have effect as if this Act had not been enacted.

319   Effect of internal review decision generally

(1)  This section applies if, after the commencement, the chief executive makes a decision (internal review decision) on an application for review of a decision (original decision) mentioned in section 318 (1) (a) , (3) (a) or (4) .

(2)  If the internal review decision is an amendment or substitution of the original decision, the decision must be given effect under the unamended TIA.

Example—

If the effect of an internal review decision about the chief executive’s refusal to grant an accreditation is that the accreditation must be granted, the accreditation must be granted under the unamended TIA.

(3)  If the internal review decision is a confirmation of the original decision, despite the amendment of the Transport Infrastructure Act 1994 by this Act—

(a)  the matter to which the original decision relates continues to be a matter to be dealt with under the unamended TIA; and

Example—

If the original decision relates to an application for accreditation, the application continues to be an application for accreditation under the unamended TIA.

(b)  any further decision about the matter must be made under the unamended TIA; and

(c)  the person in relation to whom the internal review decision is made may apply to QCAT for a review of the decision under the unamended TIA, section 485A.

(4)  For subsections (2) and (3) , the unamended TIA continues to have effect as if this Act had not been enacted.

(5)  This section is subject to sections 322 to 326 .

320   External reviews about particular decisions

(1)  Subsection (2) applies if—

(a)  a person has applied to QCAT under the unamended TIA, section 485A for a review of a decision of the chief executive confirming a TIA reviewable decision; and

(b)  a decision on the application for review has not been made before the commencement.

(2)  QCAT must deal with the application under the unamended TIA.

(3)  Subsection (5) applies if—

(a)  immediately before the commencement, a person could have applied to QCAT under the unamended TIA, section 485A for a review of a decision mentioned in subsection (1) (a) ; and

(b)  the person has not made the application before the commencement.

(4)  Subsection (5) also applies to an internal review decision mentioned in section 319 (3) (c) .

(5)  The person may apply to QCAT for a review of the decision as provided under the unamended TIA, section 485A and QCAT must deal with the application under the unamended TIA.

(6)  For subsections (2) and (5) , the unamended TIA continues to have effect as if this Act had not been enacted.

321   Effect of external review decision generally

(1)  This section applies if, after the commencement, QCAT decides an application for a review of a decision mentioned in section 320 (1) (a) , (3) (a) or (4) .

(2)  If QCAT amends the decision, or sets the decision aside and substitutes its own decision, the chief executive must give effect to QCAT’s decision under the unamended TIA.

Example—

If QCAT substitutes a decision refusing to grant an accreditation with a decision that the accreditation must be granted, the accreditation must be granted under the unamended TIA.

(3)  If QCAT refers the matter to the chief executive with directions—

(a)  the matter must be dealt with under the unamended TIA; and

(b)  the chief executive must follow QCAT’s directions to the extent possible.

(4)  If QCAT confirms the decision being reviewed, despite the amendment of the Transport Infrastructure Act 1994 by this Act—

(a)  the matter to which the decision relates continues to be a matter to be dealt with under the unamended TIA; and

Example—

If the decision being reviewed relates to an application for accreditation, the application continues to be an application for accreditation under the unamended TIA.

(b)  any further decision about the matter must be made under the unamended TIA.

(5)  For subsections (2) , (3) and (4) , the unamended TIA continues to have effect as if this Act had not been enacted.

(6)  This section is subject to sections 322 to 326 .

322   Further effect of internal or external review decision about approved safety management systems

(1)  This section applies if—

(a)  after the commencement—

(i)  the chief executive makes a decision (internal review decision) on an application for a review of an SMS approval decision; or

(ii)  QCAT makes a decision (external review decision) on an application for a review of a decision of the chief executive confirming an SMS approval decision; and

(b)  the effect of the internal review decision or external review decision is that the approval the subject of the review must be given; and

(c)  the chief executive gives the approval under the unamended TIA as provided for under section 319 or 321 .

(2)  The rail transport operator’s approved safety management system after the approval is given effect by the operator is taken to be a complying safety management system until a transition-ending event happens for the operator.

(3)  In this section—

SMS approval decision means any of the following—

(a)  a decision of the chief executive to refuse to approve an amendment of a rail transport operator’s approved safety management system under the unamended TIA, section 133 ;

(b)  a decision of the chief executive to refuse to approve a rail transport operator’s proposed safety management system under the unamended TIA, section 136 ;

(c)  a decision of the chief executive mentioned in section 288 (3) or (6) .

323   Further effect of internal or external review decision about amendment of accreditation

(1)  This section applies if—

(a)  after the commencement—

(i)  the chief executive makes a decision (internal review decision) on an application for a review of an accreditation amendment application decision; or

(ii)  QCAT makes a decision (external review decision) on an application for a review of a decision of the chief executive confirming an accreditation amendment application decision; and

(b)  the effect of the internal review decision or external review decision is that the amendment the subject of the review must be made.

(2)  The chief executive must, under this Act, amend the accreditation as continued under section 290 in accordance with the internal review decision or external review decision.

(3)  In this section—

accreditation amendment application decision means a decision of the chief executive to refuse to amend the conditions of an accreditation under the unamended TIA, section 132 or 393.

324   Further effect of internal or external review decision about imposition of conditions on accreditation

(1)  This section applies if—

(a)  after the commencement—

(i)  the chief executive makes a decision (internal review decision) on an application for a review of an accreditation condition decision; or

(ii)  QCAT makes a decision (external review decision) on an application for a review of a decision of the chief executive confirming an accreditation condition decision; and

(b)  the effect of the internal review decision or external review decision is that the accreditation the subject of the review must be granted without conditions or with varied conditions.

(2)  The chief executive must, under this Act, amend the accreditation as continued under section 290 to remove or vary the conditions imposed on the accreditation in accordance with the internal review decision or external review decision.

(3)  In this section—

accreditation condition decision means a decision of the chief executive to impose conditions on an accreditation granted under the unamended TIA, section 126 or 388.

325   Further effect of internal or external review decision about direction to amend safety management system

(1)  This section applies if—

(a)  after the commencement—

(i)  the chief executive makes a decision (internal review decision) on an application for a review of an SMS direction decision; or

(ii)  QCAT makes a decision (external review decision) on an application for a review of a decision of the chief executive confirming an SMS direction decision; and

(b)  the effect of the internal review decision or external review decision is to confirm the SMS direction decision.

(2)  Section 287 (2) does not or ceases to apply to a rail transport operator’s approved safety management system to which the direction the subject of the review relates.

(3)  If the rail transport operator’s approved safety management system is or has been amended as required under the direction, the operator’s approved safety management system as amended is taken to be a complying safety management system until a transition event happens for the operator.

(4)  In this section—

SMS direction decision means a decision of the chief executive to give a direction mentioned in the unamended TIA, section 159 (2) (a) .

326   Further effect of internal or external review decision about amendment, suspension or cancellation of accreditation

(1)  This section applies if—

(a)  after the commencement—

(i)  the chief executive makes a decision (internal review decision) on an application for a review of a disciplinary decision; or

(ii)  QCAT makes a decision (external review decision) on an application for a review of a decision of the chief executive confirming a disciplinary decision; and

(b)  the effect of the internal review decision or external review decision is to confirm the disciplinary decision.

(2)  The disciplinary decision has effect under this Act as if it had been made under this Act in relation to the accreditation as continued under section 290 .

Example—

If the disciplinary decision is a decision to suspend a TIA accreditation for a stated period, the accreditation as continued under section 290 is suspended under this Act for the stated period.

(3)  In this section—

disciplinary decision means a decision of the chief executive to amend, suspend or cancel an accreditation under the unamended TIA, section 158 (2) , 159 (2) , 394(3), 394(8), 395(3), 395(6) or 396(2).

Division 6 Other transitional provision

327   [Repealed]

Schedule 2 Internal and external reviews

sections 259 and 260

Section of Act	Description of decision
section 45 (2) (a)	decision of chief executive to impose conditions on exemption
section 45 (2) (b)	decision of chief executive to refuse application for exemption
section 45 (3) (c)	decision of chief executive to extend the period for deciding an application for exemption
section 50 (2)	decision of chief executive to vary, suspend or revoke exemption
section 51	decision of chief executive to immediately suspend exemption, or extend period of immediate suspension of exemption
section 55 (4)	decision of chief executive to impose condition on registration of private siding
section 69 (1)	decision of chief executive to give direction to amend safety management system
section 104 (1) (a)	decision of chief executive to impose conditions on accreditation
section 104 (1) (b)	decision of chief executive to refuse application for accreditation
section 104 (2) (d)	decision of chief executive to extend the period for deciding an application for accreditation
section 109 (2)	decision of chief executive to suspend or revoke accreditation
section 109 (3)	decision of chief executive to declare that a person is disqualified from applying for accreditation, or accreditation for stated railway operations, for a stated period
section 111	decision of chief executive to immediately suspend accreditation, or extend period of immediate suspension of accreditation
section 112 (1)	decision of chief executive to vary or revoke a condition, or impose a new condition, on an accreditation
section 116 (1) (a)	decision of chief executive to impose a new condition or vary a condition on a variation of accreditation
section 116 (1) (b)	decision of chief executive to refuse application for variation of accreditation
section 116 (2) (d)	decision of chief executive to extend the period for deciding an application for variation of accreditation
section 121 (1) (b)	decision of chief executive to refuse application for variation of condition of accreditation
section 121 (2) (d)	decision of chief executive to extend the period for deciding an application for variation of condition of accreditation
section 134 (2)	decision of chief executive to give safety matter direction
section 173 (1) (c)	decision of rail safety officer to retain a sample or thing taken for analysis, or a thing seized, under part 7 to prevent commission of offence
section 193	decision of rail safety officer to give an improvement notice, or amend an improvement notice
section 200	decision of rail safety officer to give a prohibition notice, or amend a prohibition notice

Schedule 3 Dictionary

section 8

accreditation condition, of an accreditation for railway operations, means—

(a)  a prescribed accreditation condition to which the accreditation is subject; or

(b)  a condition stated on the accreditation notice for the accreditation.

Note—

See section 106 for the relationship between prescribed accreditation conditions and conditions stated on an accreditation notice for an accreditation.

accreditation criteria see section 98 .

accreditation notice, for an accreditation, means—

(a)  if the chief executive has issued a consolidated accreditation notice under section 123 for the accreditation—the consolidated accreditation notice; or

(b)  otherwise—a notice given by the chief executive stating the matters mentioned in section 105 (2) for the accreditation.

accredited means accredited under part 5.

accredited person means a rail transport operator who is accredited, whether or not the operator’s accreditation is wholly or partly suspended.

accredited railway, for part 4, division 2, subdivision 5, see section 53 .

alcohol test, for part 7, division 7, subdivision 2, see section 186 .

approved form means a form approved under section 283 .

approved safety management system, for part 14, see section 286 .

associated track structure means a structure, including a structure over or under a railway track, and works associated with a railway track.

Examples—

bridge, cutting, drainage works, excavation, landfill, platform, siding, station, tram stop, track support earthworks, tunnel

board of inquiry means a board of inquiry established or re-established under section 211 .

civil or criminal proceeding includes an administrative proceeding for the discipline of an individual.

commencement, for part 14, see section 286 .

compliance code means a code of practice made by the Minister under section 274 .

compliance or investigative purposes includes—

(a)  purposes related to ascertaining whether this Act has been or is being complied with, including whether an offence has been or is being committed against this Act; and

(b)  purposes related to ascertaining whether an accreditation condition of an accreditation has been or is being complied with.

complying safety management system, for part 14, see section 286 .

condition, of an accreditation or the registration of a private siding, includes a restriction or term applying to the accreditation or registration.

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

coronial procedure means any of the following under the Coroners Act 2003 —

(a)  the making of a decision for section 30 of that Act;

(b)  an inquest;

(c)  an investigation;

(d)  a conference under section 34 of that Act.

corresponding law means—

(a)  a law of another State corresponding, or substantially corresponding, to this Act; or

(b)  a law of another State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

corresponding rail safety law means a rail safety law as defined in a corresponding law.

corresponding rail safety regulator means—

(a)  a person who is a rail safety regulator within the meaning of a corresponding rail safety law of another State other than a State for which the corresponding rail safety regulator is prescribed under a regulation under paragraph (b); or

(b)  a person prescribed under a regulation as the corresponding rail safety regulator for another State for the purposes of this Act.

court, for part 9, see section 230 .

data logger recording, for part 9, see section 230 .

data logger recording information, for part 9, see section 230 .

disclosing person see section 267B (1) .

dispute matter, for part 6, division 1, subdivision 3, see section 134 (1) (a) .

drug see the Transport Operations (Road Use Management) Act 1995 , schedule 4.

Electrical Safety Act means the Electrical Safety Act 2002.

embargo notice means a notice under section 171 .

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.

enter, rolling stock, includes board rolling stock.

executive officer, of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

identified person, for a rail safety undertaking, see section 277 (1).

improvement notice means a notice under section 193 .

information notice, for a decision, means a notice stating the following—

(a)  the decision;

(b)  reasons for the decision;

(c)  that, under section 259 , the person may ask for the decision to be reviewed by the chief executive;

(d)  that, under the Transport Planning and Coordination Act 1994 , part 5, division 2, the person may apply for the decision to be stayed by QCAT;

(e)  that, in relation to the chief executive’s decision on the review, the person may—

(i)  under section 260 , ask for the decision to be reviewed by QCAT; and

(ii) under the QCAT Act, apply for the decision to be stayed by QCAT.

inquiry, for part 9, see section 230 .

interface agreement see section 71 .

interface arrangement means—

(a)  an interface agreement; or

(b)  arrangements decided by the chief executive under section 78 and stated in an interface direction.

interface direction means a direction given under section 78 (2) (b) .

interstate rail safety officer means a person appointed under a corresponding law as a rail safety officer under that law.

investigation, for part 9, see section 230 .

low risk railway means a railway not connected to or associated with—

(a)  railway tracks, or any other rail infrastructure, of another railway; or

(b)  a rail or public road crossing.

notice means written notice.

notifiable occurrence—

1  

A notifiable occurrence is an accident or incident associated with railway operations that—

(a)  has caused or could have caused—

(i)  significant property damage; or

(ii)  serious injury; or

(iii)  death; or

(b)  is prescribed under a regulation to be a notifiable occurrence.

2  

A notifiable occurrence does not include an accident or incident prescribed under a temporary regulation not to be a notifiable occurrence.

official means—

(a)  the chief executive; or

(b)  a rail safety officer; or

(c)  an interstate rail safety officer exercising a power under this Act as provided for in a reciprocal powers agreement; or

(d)  a person acting under the direction of a person mentioned in paragraph (a), (b) or (c) in the exercise of a power under this Act; or

(e)  a board of inquiry.

place includes premises and vacant land.

prescribed accreditation condition see section 106 (1) .

prescribed railway operations see section 22 .

private isolated railway ...

private land means land that is not a public place.

private road means a road that is not a public road.

private siding means a siding that is owned, managed or controlled by a person other than the rail infrastructure manager for the rail infrastructure with which the siding connects or to which it has access, but does not include the following—

(a)  a marshalling yard;

(b)  a crossing loop;

(c)  a passenger terminal;

(d)  a freight terminal;

(e)  a siding prescribed under a temporary regulation not to be a private siding.

prohibition notice means a notice under section 200 .

public road means—

(a)  a State-controlled road; or

(b)  a road that is controlled by a local government.

QCA, for part 6, division 1, subdivision 3, see section 131 .

rail infrastructure—

1  

Rail infrastructure is a facility that is necessary to enable a railway to operate safely and includes, for example—

(a)  railway tracks and associated track structures; and

(b)  service roads, signalling systems, communications systems, rolling stock 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

Examples—

freight centres or depots, maintenance depots, office buildings or housing, workshops

(f)  plant, machinery and equipment.

2  

Rail infrastructure does not include—

(a)  rolling stock; or

(b)  a facility prescribed under a temporary regulation not to be rail infrastructure.

rail infrastructure manager means a person who has effective management and control of rail infrastructure or proposed rail infrastructure, whether or not the person—

(a)  owns or will own the rail infrastructure; or

(b)  has or will have a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it.

rail infrastructure railway operations, for part 4, division 2, subdivision 5, see section 53 .

rail or public road crossing means a part of a public road’s road transport infrastructure, as defined under the Transport Infrastructure Act 1994 , schedule 6, that is—

(a)  a level crossing as defined under the Queensland Road Rules, section 120 ; or

(b)  an area where a footpath, as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4, crosses a railway at substantially the same level; or

(c)  an area where a shared path, as defined under the Queensland Road Rules, section 242 , crosses a railway at substantially the same level; or

(d)  a bridge carrying a public road over a railway; or

(e)  a bridge carrying a railway over a public road; or

(f)  a lane of a public road on which rolling stock moves alongside road vehicles on the public road.

rail or road crossing, for a road, means a part of the road’s road transport infrastructure, as defined under the Transport Infrastructure Act 1994 , schedule 6, that is—

(a)  a level crossing as defined under the Queensland Road Rules, section 120 ; or

(b)  an area where a footpath, as defined under the Transport Operations (Road Use Management) Act 1995 , schedule 4, crosses a railway at substantially the same level; or

(c)  an area where a shared path, as defined under the Queensland Road Rules, section 242 , crosses a railway at substantially the same level; or

(d)  a bridge carrying a road over a railway; or

(e)  a bridge carrying a railway over a road; or

(f)  a lane of the road on which rolling stock moves alongside road vehicles on the road.

rail safety see section 12 .

rail safety duty means a duty imposed under part 3.

rail safety law see section 11 (a) .

rail safety officer means a person appointed as a rail safety officer under part 6, division 2.

rail safety regulator see section 11 (b) .

rail safety undertaking see section 277 .

rail safety work see section 10 .

rail safety worker means an individual who carries out rail safety work but does not include a rail safety officer carrying out functions or exercising powers under this Act.

rail transport infrastructure, for part 6, division 1, subdivision 3, see section 131 .

rail transport operator means a person who is either or both of the following—

(a)  a rail infrastructure manager;

(b)  a rolling stock operator.

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 600mm or more, together with its rail infrastructure and rolling stock, and includes—

(a)  a heavy railway; and

(b)  a light railway; and

(c)  a monorail; and

(d)  an inclined railway; and

(e)  a tramway; and

(f)  a railway within a marshalling yard or a passenger or freight terminal; and

(g)  a private siding; and

(h)  a guided system prescribed under a temporary regulation to be a railway.

Note—

See sections 5 and 6 for the application of this Act to railways.

railway operations see section 9 .

railway premises means—

(a)  land, or premises on land, on or in which 1 or more of the following is situated—

(i)  rail infrastructure, including, for example, an over-track or under-track structure or part of an over-track or under-track structure;

(ii)  a freight centre or depot used in connection with the carrying out of railway operations;

(iii)  a workshop or maintenance depot used in connection with the carrying out of railway operations; or

(b)  other premises, including an office, building or housing, used in connection with the carrying out of railway operations.

reasonably means on grounds that are reasonable in all the circumstances.

reciprocal powers agreement means an agreement entered into under section 144 .

registration notice, for a private siding, means the notice of registration for the siding issued by the chief executive under section 55 .

relevant operator, for part 3, division 3, see section 30 .

relevant person, for part 9, see section 231 .

responsible road manager means—

(a)  for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b)  for another public road—the local government having the control of the road; or

(c)  for a private road—the owner of the road.

restricted information, for part 9, see section 230 .

road means—

(a)  an area of land dedicated to public use as a road; or

(b)  an area that is developed for, or has as 1 of its main uses, the driving or riding of road vehicles or pedestrian traffic, whether the area is open to or used by the public or only for private purposes.

Examples of an area of land that may be included in a road—

•  a bridge, culvert, ford, tunnel or viaduct

•  a pedestrian or bicycle path

road vehicle means a vehicle designed to be driven or ridden on a road and includes a hovercraft but does not include a tram.

rolling stock—

1  

Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.

2  

A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—

(a)  operated or moved on a railway track; or

(b)  maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

rolling stock operator means a person who has effective management and control of the operation or movement of rolling stock or proposed rolling stock on a railway track, but does not include a person only because that person drives the rolling stock or controls the network or network signals that affect the operation or movement of the rolling stock.

safety, of persons, means safety of all persons, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public.

safety management system means a document prepared and implemented under section 63 .

safety matter, for part 6, division 1, subdivision 3, see section 132 (1) .

safety matter direction, for part 6, division 1, subdivision 3, see section 134 (1) (c) .

scope and nature, of railway operations—

(a)  in relation to an exemption under part 4, division 2, subdivision 4, or an application for an exemption under part 4, division 2, subdivision 4—see section 42 ; or

(b)  in relation to an accreditation or an application for an accreditation—see section 99 .

serious incident, for part 14, see section 286 .

siding means a part of a railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line.

state, in relation to a document, includes specify.

State-controlled road see the Transport Infrastructure Act 1994 , schedule 6.

substance means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

temporary regulation means a regulation made under section 285 .

TIA accreditation, for part 14, see section 286 .

TIA reviewable decision, for part 14, see section 286 .

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.

transitioned approved safety management system, for part 14, see section 286 .

transition-ending event, for part 14, see section 286 .

unamended TIA, for part 14, see section 286 .

union means an employee organisation under the Industrial Relations Act 1999.

Work Health and Safety Act means the Work Health and Safety Act 2011 .

Workplace Health and Safety Act ...