Untitled document
Transport (Rail Safety) Act 1996
Act No. 28/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 3
3. Insertion of new Division 3 into Part VI 3 Division 3—Accreditation of Railway and Tramway Services 3 Subdivision 1—Preliminary Matters 3 103. Object of this Division 3 104. Definitions 3 105. Crown to be bound 5 Subdivision 2—Accreditation of Rail Infrastructure Managers and Providers and Operators of Rolling Stock 6 106. Managers of rail infrastructure must be accredited 6 107. Meaning of "manage" 6 108. Providers and operators of rolling stock must be accredited 7 109. Meaning of "provide" and "operate" rolling stock 7 110. Purpose of accreditation 8 111. Application for accreditation 8 112. Criteria on which applications for managers are to be
assessed 9 113. Criteria on which applications for providers of rolling stock
are to be assessed 10 114. Criteria on which applications for operators of rolling stock
are to be assessed 11
115. Minimum criteria to be considered in assessing a safety
management system 12 116. Reasons to be given if accreditation refused 13 117. Restrictions and conditions concerning accreditation 13 118. Offence to fail to comply with conditions 14 119. Change of conditions or restrictions 14 120. How long accreditation lasts 15
i
Section Page
121. Periodical returns 15 122. Application for renewal of accreditation 16 123. Renewal of accreditation 16 124. Accreditation cannot be transferred 17 125. False or misleading information 18 126. Secretary not liable for giving accreditation 18 Subdivision 3—Disciplinary Action 18 127. Disciplinary action against an accredited person 18 128. Procedure and powers concerning disciplinary inquiries 20 129. Immediate power of suspension 21 129A. Effect of suspension 21 Subdivision 4—Right of Review Concerning Accreditation Decisions 22 129B. Review by AAT 22 129C. Special right of review concerning interstate applicants 22 Subdivision 5—Monitoring and Enforcement Provisions 23 129D. Secretary may authorise people to carry out inspections 23 129E. Searches to monitor compliance with this Division 23 129F. Offence-related searches and seizures 25 129G. Occupier to be given copy of consent 26 129H. Search warrant 26 129I. Announcement before entry 28 129J. Copy of warrant to be given to occupier 28 129K. Receipt must be given for any thing seized 28 129L. Copies of certain seized things to be given 29 129M. Use of equipment to examine or process things 29 129N. Use or seizure of electronic equipment at premises 30 129O. Compensation for damage caused during inspections 31 129P. Return of seized things 32 129Q. Magistrates' Court may extend period 33 129R. Power of inspector to require information or documents 33 129S. Protection against self-incrimination 34 Subdivision 6—Inquiries, Safety Audits and Fees for Service 34 129T. Accredited person must inquire into accidents and incidents 34 129U. Minister may require accident or incident to be
investigated 35 129V. Safety audits 35 129W. Fees for service 36 Subdivision 7—Regulations 36 129X. Regulations concerning railway safety work 36
ii
Section Page
129Y. Regulations 38
4. Removal of outdated references 39 5. Chief Executive of the PTC to be able to delegate 41 6. Minor consequential amendments 41 7. Widening of category of authorised officers for alcohol controls 41 100A. Authorised officers for accredited railways and tramways 41 8. Proof of prior convictions may include proof of findings of guilt 42 9. Change concerning power to require names and addresses 43 10. Substitution of section 219 44 219. Power to arrest suspected offenders 44 219A. Power to arrest people against whom warrants have been
issued 45
11. Consequential amendment concerning tourist railways 46 12. Transitional provisions 46 PART 3—AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995 49
13. Removal of outdated references 49 14. Widening of Secretary's power to delegate 49 15. Repeal of spent provisions 49
PART 4—STATUTE LAW REVISION 50
16. Statute law revision 50
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NOTES 51
iii
Victoria
No. 28 of 1996
Transport (Rail Safety) Act 1996†
[Assented to 22 October 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purposes of this Act are—
(a) to amend the Transport Act 1983—
(i) transport by providing for the
accreditation of the managers of railto improve the operation of rail-based operators of that transport; and
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(ii) to make various minor miscellaneous amendments to that Act; and
(b)
to make minor amendments to the Public Transport Competition Act 1995.
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Section 11 comes into operation 12 months after
section 3 comes into operation.
(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 January 1998, it
comes into operation on that day.
_______________
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983
3. Insertion of new Division 3 into Part VI
After section 102 of the Transport Act 1983 insert—
'Division 3—Accreditation of Railway and
Tramway Services
Subdivision 1—Preliminary Matters
103. Object of this Division operation of rail-based transport by providing for the accreditation of the managers of rail infrastructure and the providers and operators of rolling stock to maintain appropriate levels of safety while minimising transport costs by allowing the maximum flexibility in rail transport operations that is consistent with public safety.
104. Definitions
(1) In this Division—
"business day" means a day other than a
Saturday, a Sunday or a public holiday
appointed under the Public Holidays
Act 1993;
"inspector" means a person authorised to
carry out inspections under section
129D;
"private siding" means a siding that is managed by a person other than a person who manages the railway track
that the siding connects with, or has
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| access to, but does not include a marshalling yard, a siding used mainly to enable rolling stock to pass other rolling stock that is on the same track, a passenger or freight terminal, or a siding of a kind that the regulations state are not private sidings; |
"railway" means a system by which
vehicles (including trams) designed to
transport passengers or goods are
guided by means of a single rail or by
means of parallel rails with a gauge of
600 millimetres or more, and includes
any associated rail infrastructure and
rolling stock, but does not include—
(a) underground, or chiefly
underground, and that is used ina railway in a mine that is of mining operations; or
(b) a slipway; or
(c) a railway used only to guide a crane; or (d) railways that the regulations state Division does not apply;
"rail infrastructure" means the facilities
that are necessary to operate a railway safely and includes, but is not limited to, railway track, associated track
structures and works (such as cuttings,
tunnels, bridges, stations, platforms,
tram stops, excavations, land fill, track
support earthworks and drainage
works), over-track structures,
under-track structures, service roads,
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 signalling systems, rolling stock control
systems, communications systems,
notices and signs, overhead electrical
power supply systems, and associated
buildings, workshops, depots, yards,
plant, machinery and equipment, but
does not include rolling stock;"retention period" means a period of 90
days after the seizure of a thing under
this Division;
"rolling stock" means a vehicle that
operates on or uses a railway track, and
includes a locomotive, carriage, rail
car, rail motor, light rail vehicle, train,
tram, light inspection vehicle, road/rail
vehicle, trolley, wagon or monorail
vehicle but does not include a vehicle
designed to operate both on and off a
railway track when the vehicle is not
operating on a railway track.
(2) A reference in this Division to the
commission of an offence against, or a
contravention of, this Division includes a
reference to the commission of an offence
against, or a contravention of, regulationsmade under this Division.
105. Crown to be bound right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
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Subdivision 2—Accreditation of Rail Infrastructure Managers and Providers and
Operators of Rolling Stock
106. Managers of rail infrastructure must be accredited
(1) A person must not manage any rail
infrastructure that is in Victoria unless the
person is accredited to do so under this
Division. Penalty: In the case of a natural person,
1000 penalty units or
imprisonment for 12 months or
both.In the case of a corporation, 2500 penalty units. (2) Despite sub-section (1), a person may manage a private siding without being accredited if he, she or it is registered to
manage the siding under the regulations.
107. Meaning of "manage" person—
(a)
owns a railway (or part of a railway) or part of the rail infrastructure of a railway or has a right conferred by an Act or a contract to manage a railway (or part of a railway) or part of the rail infrastructure of a railway; and
(b) either—
(i) operates the signalling, rolling
stock control and communications
facilities of the railway; or
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 (ii) railway, the construction,
maintenance, repair or alterationcarries out, on or about the the railway.
108. Providers and operators of rolling stock must be accredited
A person must not provide, or operate, any rolling stock in Victoria unless the person is accredited to do so under this Division.
Penalty: In the case of a natural person,
1000 penalty units or
imprisonment for 12 months or
both.
In the case of a corporation, 2500
penalty units.109. Meaning of "provide" and "operate" rolling stock
(1) A person provides rolling stock if the person,
as part of an undertaking carried on by him,
her or it, designs, constructs, maintains,
repairs or alters the rolling stock.
(2) A person operates rolling stock if the
person—
(a)
as part of an undertaking carried on by him, her or it operates rolling stock on a railway; or
(b)
as part of an undertaking carried on by him, her or it involving the provision of transport services on a railway (or any part of a railway), causes another person to operate rolling stock on the railway.
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110. Purpose of accreditation Division is—
(a) to attest that the person accredited is considered to have the competence and capacity— (i) to safely provide services of the relevant type; or
(ii) to safely provide or operate rolling stock; or
(iii) to safely conduct any other work affecting railway safety—
to the degree and in the manner
required by the regulations in respect of
services of the kind specified in theaccreditation;
(b) to provide a scheme to facilitate—
(i) the provision of an efficient and effective network of rail transport services within Victoria; and
(ii) the observance of appropriate
standards by the managers of rail
infrastructure and the providers
and operators of rolling stock; and
(c) of rail-based transport by facilitating
the entry of competent transportto increase competition in the provision the rail transport sector.
111. Application for accreditation
(1) A person may apply to the Secretary for accreditation.
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Act No. 28/1996 s. 3
(2) An application—
(a)
must be made in the manner and form determined by the Secretary; and
(b) must be accompanied by—
(i) the application fee set out in the regulations; and
(ii) any other things that are required by the regulations.
(3) The Secretary may require a person who has applied for accreditation—
(a) to supply further information specified by the Secretary; (b) to verify, by statutory declaration, of the application.
112. Criteria on which applications for managers are to be assessed
The Secretary must accredit a person as a manager of rail infrastructure if satisfied that—
(a) the person—
(i) is accredited in another State or Territory to manage a similar type of rail infrastructure; or
(ii) to meet the relevant safety
standards concerning thehas the competency and capacity infrastructure; or
(iii) has the competency and capacity to manage the rail infrastructure safely; and
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(b) the person has an appropriate safety management system; and (c) the person has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the use of the
rail infrastructure; and(d) the person has (or is in a position to obtain)— (i) a right of access to the land where the rail infrastructure is constructed; and
(ii) a right to use the rail infrastructure.
113. Criteria on which applications for providers of rolling stock are to be assessed
The Secretary must accredit a person as a provider of rolling stock if satisfied that—
(a) the person—
(i) is accredited in another State or Territory to perform an activity that entitles the person to provide
rolling stock in a manner similar
to the manner that the person
proposes to provide rolling stock
in Victoria; or(ii) to meet the relevant safety
has the competency and capacity provision of rolling stock; or
(iii) has the competency and capacity and
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
(b) the person has an appropriate safety management system; and (c) the person has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the provision of
the rolling stock.114. Criteria on which applications for operators of rolling stock are to be assessed
The Secretary must accredit a person as an operator of rolling stock if satisfied that—
(a) the person—
(i) is accredited in another State or Territory to operate rolling stock on a railway for a similar type of service; or
(ii) to meet the relevant safety
has the competency and capacity operation of rolling stock; or
(iii) has the competency and capacity railway safely; and
(b) the person has an appropriate safety management system; and (c) the person has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident
liabilities arising from the operation of
the rolling stock; and
(d)
unless the person is applying for accreditation as both the manager of the rail infrastructure of a railway and as an operator of rolling stock on that
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| railway—the person has an agreement with the manager of the rail infrastructure of the railway to operate particular rolling stock on the railway, and the agreement includes appropriate arrangements for the safe operation of the rolling stock. |
115. Minimum criteria to be considered in assessing a safety management system
(1) In considering a safety management system under section 112, 113 or 114, the Secretary must consider—
(a) what the person applying for accreditation proposes to do; and (b) the appropriateness of the safety and
(c) the safety levels achievable, consistent with the nature of the proposal, at a reasonable cost; and (d) the need for efficient and competitive rail transport services; and (e) whether the safety management system risk management principles; and
(f)
the levels of safety proposed relative to the levels of safety of competing transport modes.
(2) Sub-section (1) does not limit by implication
the matters the Secretary may consider in considering a safety management system.
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Act No. 28/1996 s. 3
116. If the Secretary refuses to accredit a person
who has applied for accreditation, the
Secretary must notify the person in writingReasons to be given if accreditation refused do so as soon as possible after deciding to refuse the application.
117. Restrictions and conditions concerning
accreditation(1) In accrediting a person, the Secretary may
limit the accreditation in any way the
Secretary thinks appropriate.
(2) Without limiting the power conferred by sub-section (1), the Secretary may—
(a) impose conditions on the accreditation; or (b) restrict the scope of the accreditation so that it only applies in respect of part of a railway or of a particular type of service or rolling stock.
(3) An accreditation is also subject to any condition set out in the regulations that applies to the accreditation.
(4) In addition, any person who is accredited in
another State or Territory to do anything that is similar to what the person is accredited to do in Victoria is subject to the condition that he, she or it must advise the Secretary in
writing immediately if his, her or its
accreditation in the other State or Territory
expires or is suspended, varied, surrendered,withdrawn or revoked.
(5) If a person who has been accredited subject
to a restriction carries out any action that isTransport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
inconsistent with the restriction, for the
purposes of sections 106 and 108 the personis not accredited to carry out that action.
118. A person who is accredited must comply
with any condition imposed on the
accreditation that the person has been givenOffence to fail to comply with conditions Penalty: 200 penalty units.
119. Change of conditions or restrictions
(1) The Secretary may at any time vary or revoke a restriction or condition of an accreditation or impose a new restriction or
condition.
(2) The Secretary may act under sub-section
(1)—
(a) of his or her own initiative; or
(b)
on the written application of the person who holds the accreditation.
(3) Before taking action under sub-section
(2)(a), the Secretary must give the person
who holds the accreditation written notice of
the action that the Secretary proposes to take
and must allow the person to make written
representations about the intended action
within 10 business days (or any other period
that the Secretary and the person agreeupon).
(4) Sub-section (3) does not apply if the
Secretary considers it necessary to take immediate action in the interests of public safety.
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 (5) The Secretary must give the person who
holds the accreditation details in writing of
any action taken under sub-section (1).
(6) The Secretary must also give a person who holds an accreditation details in writing of any change to the conditions of the
accreditation that occur as a result of any
amendment to the regulations.
120. How long accreditation lasts
(1) An accreditation remains in force until—
(a) it is cancelled or surrendered; or
(b) the expiry of any period of time—(i) set out in the regulations as the period it is to last; or
(ii) specified by the Secretary under disciplinary reasons).
(2) The Secretary may give a temporary
accreditation for a period of less than 12
months.
121. Periodical returns
(1) The regulations may require a person who
temporary accreditation) to lodge with the
holds an accreditation (other than a containing specified information in relation to a specified period.
(2) If a person fails to comply with such a
requirement, the Secretary may, by notice in
writing served on the person, require the
person to supply the required information to
him or her within 14 days after the service of
the notice.
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(3) If a person fails to comply with a notice
under sub-section (2) within the 14 days, the accreditation is, by force of this sub-section, suspended until the person supplies the
information required.(4) If a person fails to supply the information required by a notice under sub-section (2) within 6 months after the service of the
notice, the accreditation is, by force of this
sub-section, cancelled.
122. Application for renewal of accreditation
(1) A person who holds an accreditation (other
than a temporary accreditation) that is due to
expire may apply to the Secretary for the
renewal of the accreditation.
(2) The holder of a temporary accreditation may,
within 2 years of the commencement of
section 3 of the Transport (Rail Safety) Act
1996, apply to the Secretary for the renewal
of the temporary accreditation.
(3) A renewal application must be made not later than the number of days before the expiry of the accreditation set out in the regulations.
(4) Despite sub-section (3), the Secretary may consider a renewal application made later than the time applying under sub-section (3)
if the applicant pays the late renewal
application fee set out in the regulations.
(5) The Secretary may refuse to consider a
renewal application made earlier than the
day set out in the regulations for thepurposes of this sub-section.
123. Renewal of accreditation
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 (1) Sections 111, 112, 113, 114, 115 and 116
apply to the renewal of an accreditation as if
a reference in those sections (other than in
sections 112(a)(i), 113(a)(i) and 114(a)(i)) to
accreditation was a reference to the renewal
of accreditation.
(2) On renewing an accreditation the Secretary
may—
(a) renew it as then in force; or
(b) vary or revoke any of the conditions or restrictions to which the accreditation is subject; or (c) impose a new condition or restriction on the accreditation. (3) The Secretary must give a person whose accreditation has been renewed details in writing of the renewal and of the conditions
and restrictions to which it is subject.
124. Accreditation cannot be transferred
(1) An accreditation—
(a) is personal to the person who holds it;
(b) is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; (c) does not vest by operation of law in any other person. (2) A purported transfer, assignment or lease of
an accreditation and any other purported
dealing with an accreditation by the person
who holds it is of no effect.
(3) Despite sub-sections (1) and (2), a person who is accredited may, with the consent of
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the Secretary and in accordance with the regulations, surrender the accreditation.
(4) This section has effect despite anything in any Act or rule of law to the contrary.
125. False or misleading information
(1) A person must not in, or in relation to, an
application for accreditation or for the
renewal of an accreditation give information
that is false or misleading in a material
detail.
Penalty: 60 penalty units.
(2) In a proceeding for an offence against
sub-section (1), it is a defence to the charge
for the accused to prove that at the time at
which the offence is alleged to have been
committed, the accused believed onreasonable grounds—
(a) in the case of false information—that the information was true; or (b) in the case of misleading information— misleading.
126. Secretary not liable for giving accreditation No liability attaches to the Secretary for accrediting, or maintaining the accreditation of, any person under this Division.
Subdivision 3—Disciplinary Action
127. Disciplinary action against an accredited person
(1) The Secretary may hold an inquiry for the purpose of determining whether proper cause
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Act No. 28/1996 s. 3
exists for taking disciplinary action against a
person who is, or has been, accredited.(2) There is proper cause for taking disciplinary action against a person who is, or has been, accredited if—
(a) the person has contravened this the person has been prosecuted in relation to that contravention); or
(b) the person has caused or permitted an unsafe practice in relation to any activity in respect of which the person is accredited; or (c) the person has acted negligently in the course of undertaking any activity in respect of which the person is accredited; or (d) the person obtained the accreditation improperly; (e) the person has not paid any fee required by the regulations. (3) If, following an inquiry, the Secretary is
satisfied that proper cause for taking
disciplinary action against the person exists,
the Secretary may do one or more of the
following—
(a) reprimand the person;
(b) if the person is accredited—
(i) further proper cause for taking
disciplinary action be found to
exist, the person may bewarn the person that should accreditation;
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(ii) impose one or more new
conditions on the accreditation; (iii) impose an expiry date on the
accreditation;
(iv) suspend the accreditation for a
specified period or until a
specified event or until a further
determination is made by the
Secretary;
(v) cancel the accreditation
immediately or with effect from a
specified later date;
(c)
disqualify the person from holding an accreditation—
(i) until a specified event; or
(ii) until a further determination is made by the Secretary.
128. Procedure and powers concerning
disciplinary inquiries(1) In exercising his or her powers under section 127, the Secretary—
(a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms; and (b) is not required to conduct himself or herself in a formal manner; and
(c)
is not bound by rules or practice as to evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit.
(2) For the purpose of, and in connection with,
any inquiry under section 127, the Secretary has the powers conferred by sections 14, 15,
Transport (Rail Safety) Act 1996
s. 3
s. 3
Act No. 28/1996
16, 20, 20A and 21A of the Evidence Act
1958 on a board appointed by the Governor
in Council and those sections apply as if the
Secretary was the sole member of the board.(3) Subject to this Act and the regulations, the
procedure of the Secretary on or in
connection with an inquiry under section 127
is in his or her discretion.
129. Immediate power of suspension
(1) The Secretary may, subject to and in
accordance with the regulations, without the interests of public safety.
holding an inquiry under section 127,
immediately suspend an accreditation if the(2) A suspension under this section may be for a specified period or until a specified event or until a further determination is made by the Secretary.
(3) A person whose accreditation has been
suspended under this section may, by notice
served on the Secretary, require the
Secretary to hold an inquiry under section
127.(4) The Secretary must commence an inquiry under section 127 within 7 days after the service on him or her of a notice under
sub-section (3).
(5) If an inquiry is held under section 127, a
suspension under this section, if then still in
effect, ceases to have effect on the
completion of that inquiry.
(6) Nothing in this section limits any power of the Secretary under section 127.
129A. Effect of suspension
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A person whose accreditation is suspended is not accredited during the period of suspension.
Subdivision 4—Right of Review Concerning
Accreditation Decisions
129B. Review by AAT
(1) A person may apply to the Administrative
Appeals Tribunal for the review of a
decision by the Secretary under this Division
in relation to—
(a)
an application for accreditation or the renewal of an accreditation; or
(b) an accreditation; or
(c) a person who is, or has been,
accredited.
(2) However, a person may not apply for the
review of a decision of the Secretary to hold
an inquiry under section 127.
(3) The Secretary must ensure that a copy of sub-section (1) appears on any notice the Secretary gives under this Division.
129C. Special right of review concerning
interstate applicants
(1) This section only applies if—
(a) a person who applies to the Secretary for accreditation— (i) was not incorporated in Victoria, in the case of a body corporate; or
(ii) does not have his or her principal place of residence in Victoria, in the case of a natural person; and
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
(b) the Secretary refuses to accredit the person or does not accredit the person within a reasonable time after the person applies for accreditation. (2) The person may, by notice, require the Secretary to have the refusal or failure independently mediated or conciliated or
both by a mediator or conciliator agreed
upon by the person and the Secretary.(3) The Secretary must comply with such a
notice as soon as is practicable after
receiving it.
(4) The right conferred on a person by this
section is in addition to the right of review the matter.
conferred by section 129B, but it can only be
exercised before the Administrative AppealsSubdivision 5—Monitoring and Enforcement
Provisions
129D. Secretary may authorise people to carry out
inspections
(1) The Secretary may authorise an officer of the Department or other suitably qualified person to carry out inspections to ensure that this Division is being complied with.
(2) The Secretary must give each person
authorised under this section an identity card
that identifies the person by name as an
inspector for the purposes of this Divisionand that contains a photograph of the person.
129E. Searches to monitor compliance with this
Division
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(1) An inspector may enter any land on which a
railway, or any part of a railway, or any
rolling stock is situated at any reasonable
hour in the daytime and at any time that the
railway or rolling stock is being used,
constructed, maintained, repaired, or altered
and may—
(a) inspect the railway, the part of the railway, the rolling stock and any thing on the land; (b) other incident affecting the safe
inquire into any railway accident or repair or alteration of the railway;
(c) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers;
(d) make tests, take samples and photographs (including video recordings) and make sketches in connection with any inspection or
inquiry;(e) make copies of, or take extracts from, any document kept on the land; (f) seize any thing on the land if the inspector believes on reasonable grounds that— (i) the thing may be evidence of the commission of an offence against this Division; and
(ii) it is necessary to seize the thing in order to prevent its concealment, loss or destruction;
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
(g) use any assistants the inspector powers conferred by this sub-section.
(2) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of
determining compliance with this Division.
(3) An inspector may not continue to exercise any powers under this section if he or she fails to produce, on request, his or her
identity card for inspection by the occupier
of the land.(4) An inspector may not, under this section,
enter a residence unless the occupier of the
residence has consented in writing to the
entry and the carrying out of a search.
129F. Offence-related searches and seizures
(1) An inspector may only exercise powers
under this section if he or she has reasonable
grounds for suspecting that there is on any
land on which a railway, or a part of a
railway, or rolling stock is situated, or is
being constructed, maintained, repaired or
altered, a particular thing that may be
evidence of the commission of an offenceagainst this Division.
(2) The inspector, with any assistants he or she
considers necessary, may with the consent in writing of the occupier of the premises, enter the premises and search for the thing without applying for a search warrant.
(3) If the thing is found during a search under sub-section (2), the inspector may—
(a) inspect any thing on the land;
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| s. 3 | Act No. 28/1996 |
(b) make tests, take samples and photographs (including video recordings) and make sketches of the
thing;
(c)
inspect, and make copies of, or take extracts from, the thing if it is a document1;
(d)
seize the thing if the inspector believes on reasonable grounds that it is necessary to seize it in order to prevent its concealment, loss or destruction.
129G. Occupier to be given copy of consent
(1) An occupier who consents in writing to the
entry and search of his or her premises or
residence under section 129E or 129F must
be given a copy of the signed consent
immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed,
until the contrary is proved, that the occupier
did not consent to the entry and search.
129H. Search warrant
(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular premises if the inspector believes
on reasonable grounds that there is, or may
be within the next 72 hours, on the premises
a particular thing that may be evidence of the
commission of an offence against this
Division.(2) If a magistrate is satisfied that there are
reasonable grounds for suspecting that there
is, or may be within the next 72 hours, on the
premises a particular thing that may be
evidence of the commission of an offence
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
against this Division, the magistrate may
issue a search warrant authorising an
inspector named in the warrant and any
assistants the inspector considersnecessary—
(a)
to enter the premises, or the part of premises, named or described in the warrant; and
(b)
to search for and seize any thing named or described in the warrant.
(3) In addition to any other requirement, a
search warrant issued under this section must
state—
(a) the offence suspected; and
(b) the premises to be searched; and
(c)
a description of the thing for which the search is to be made; and
(d)
any conditions to which the warrant is subject; and
(e)
whether entry is authorised to be made at any time or during stated hours; and
(f)
a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
(4) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form set out in the
regulations under that Act.(5) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and
apply to warrants under this section.
Transport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
129I. Announcement before entry
(1) Before executing a search warrant, the
inspector named in the warrant or a person
assisting the inspector must announce that he
or she is authorised by the warrant to enter
the premises and give any person at the
premises an opportunity to allow entry to thepremises.
(2) The inspector or a person assisting the
inspector need not comply with sub-section
(1) if he or she believes on reasonable
grounds that immediate entry to the premisesis required to ensure—
(a) the safety of any person; or
(b)
that the effective execution of the search warrant is not frustrated.
129J. Copy of warrant to be given to occupier
If the occupier or another person who apparently represents the occupier is present at any premises when a search warrant is being executed, the inspector must—
(a)
identify himself or herself to that person by producing his or her identity card for inspection by that person; and
(b)
give to that person a copy of the execution copy of the warrant.
129K. Receipt must be given for any thing seized
(1) An inspector under this Division may not
take samples of a thing, or seize a thing,
apparently in the possession or custody of a
person unless he or she makes out and
tenders to the person a receipt for the sample
taken or thing seized that—
(a) identifies the sample or thing; and
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
(b) states the name of the inspector and the reason why the sample or thing is being taken or seized. (2) If an inspector is unable to discover the
identity of the owner or custodian of any
thing seized or sampled, the inspector must
leave the receipt with, or post it to, the owner
of the premises from which the thing was
taken or seized.
129L. Copies of certain seized things to be given
(1) If an inspector seizes—
(a) a document2; or
(b) a thing that can be readily copied; or
(c)
a storage device containing information that can be readily copied—
the inspector must give a copy of the thing or
information to the owner or custodian of the
document, thing or device as soon aspracticable after the seizure.
(2) Sub-section (1) does not apply—
(a)
to any document, thing or device moved under section 129M(2); or
(b)
if the inspector is unable to discover the identity of the owner or custodian of any document, thing or device seized.
129M. Use of equipment to examine or process
things
(1) An inspector may bring on to any premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether
they are things that may be seized.
(2) If—
Transport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
(a)
it is not practicable to examine or process the things at the premises; or
(b)
the occupier of the premises consents in writing—
the things may be moved to another place so
that the examination or processing can be
carried out in order to determine whetherthey are things that may be seized.
(3) The inspector or a person helping the
inspector may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises
in order to determine whether it is a thing
that may be seized, if the inspector or person
helping believes on reasonable groundsthat—
(a)
the equipment is suitable for the examination or processing; and
(b)
the examination or processing can be carried out without damage to the equipment or the thing.
129N. Use or seizure of electronic equipment at
premises
(1) If—
(a) a thing found at any premises is or includes a disk, tape or other device for the storage of information; and (b) equipment at the premises may be used with the disk, tape or other storage device; and (c) the inspector believes on reasonable the disk, tape or other storage device is
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 relevant to determine whether this Division has been contravened—
the inspector or a person assisting the
inspector may operate, or may require the
occupier or an employee of the occupier to
operate, the equipment to access the
information.(2) If the inspector or a person assisting the inspector finds that a disk, tape or other storage device at the premises contains information of the kind referred to in
sub-section (1)(c), he or she may—
(a) put the information in documentary produced; or
(b)
copy the information to another disk, tape or other storage device and remove that storage device from the premises; or
(c)
if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
(3) An inspector or a person assisting an
inspector must not operate or seize
equipment for the purpose mentioned in this
section unless the inspector or person
assisting believes on reasonable grounds that
the operation or seizure of the equipment can
be carried out without damage to theequipment.
129O. Compensation for damage caused during
inspections
Transport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
(1) The Secretary must pay compensation for
any damage caused by an inspector, or a
person assisting an inspector, in exercising
(or purporting to exercise) any power
conferred by this Division.
(2) However, the Secretary is not liable to pay compensation to a person for any damage caused during any inspection conducted
under section 129F or 129H if—
(a) the thing that was the object of the inspection is found and that thing provides evidence of the commission of an offence against this Division; and (b) the damage caused was no more than was reasonably necessary in searching for the thing. (3) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the premises and the
employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of
the equipment that was appropriate in thecircumstances.
129P. Return of seized things
(1) If an inspector seizes a thing under this
Division, the inspector must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.
(2) If the thing has not been returned before the
end of the retention period, the inspector
must take reasonable steps to return it
unless—
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3
(a) proceedings have commenced within
the retention period and those
proceedings (including any appeal)
have not been completed; or(b) the Magistrates' Court makes an order retention period.
129Q. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates'
Court within the retention period or within a period extended by the Court under this section for an extension of that period.
(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary —
(a) for the purposes of an investigation into committed; or
(b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to
enable notice of the application to be given
to any person.
129R. Power of inspector to require information
or documents
(1) An inspector who—
(a)
exercises a power of entry under this Division; and
(b)
produces his or her identity card for inspection by a person—
may, to the extent that it is reasonably
necessary to determine whether this Division
Transport (Rail Safety) Act 1996
s. 3
| s. 3 | Act No. 28/1996 |
has been contravened, require the person to
give information to the inspector, to produce
documents3 to the inspector and to give
reasonable assistance to the inspector.(2) A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement made under sub-section (1).
Penalty: 20 penalty units.
(3) A person must not—
(a) give information that the person knows to be false or misleading in a material detail; or (b) produce a document that the person knows to be false or misleading in a material detail without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty: 30 penalty units.
129S. Protection against self-incrimination
A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Division if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.
Subdivision 6—Inquiries, Safety Audits and
Fees for Service
129T. Accredited person must inquire into accidents and incidents
A person who holds an accreditation must inquire into any railway accident or incident
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 that may affect the safe operation,
construction, maintenance, repair or
alteration of the rail infrastructure or rolling
stock in respect of which the person isaccredited.
129U. Minister may require accident or incident
to be investigated
The Minister may require the Secretary or any other person or body to inquire into, and to report to the Minister, on any railway accident or incident that may affect the safe operation, construction, maintenance, repair or alteration of any rail infrastructure or rolling stock.
129V. Safety audits
(1) The Secretary must conduct, or cause to be
conducted, a safety audit of the operations of
every person accredited under this Division
at least once every 12 months, and may
conduct such an audit more frequently if she
or he considers it appropriate to do so.
(2) In this section, "safety audit" means an inspection of—
(a) the rail infrastructure or rolling stock in respect of which a person is accredited; and (b) the operation, construction, rail infrastructure or rolling stock; and
(c) the accredited person who are
the performance of the employees of infrastructure or rolling stock—
Transport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
to ensure that the accredited person is
complying with the requirements of thisDivision.
129W. Fees for service
(1) The Secretary may charge a fee for any safety audit conducted, or other service supplied, by her or him under this Division.
(2) However, the Secretary may only do this
if—
(a) the fee charged does not exceed any limit imposed by the regulations for the purposes of this section; and (b) the amount of the fee has been approved by the Minister; and (c) notice of the fee has been published in the Government Gazette. (3) This section does not empower the Secretary
to charge a fee for any activity in respect of
which a fee may be imposed by the
regulations.
Subdivision 7—Regulations
129X. Regulations concerning railway safety work
(1) In this section, "railway safety work" means any of the following—
(a) safety work as defined in section 93(1);
(b)
work that involves or relates to the driving or operation of rolling stock;
(c)
work that involves or relates to the control of the movement of rolling stock;
(d)
work that involves or relates to the design, construction, repair,
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 3 maintenance, alteration, inspection,
testing or removal of rail infrastructure
or rolling stock or any associated works
or equipment;
(e)
any other work involving a railway that the regulations state is railway safety work.
(2) The Governor in Council may make
regulations for or with respect to—
(a) (or provisional certificates of
competence) for people employed ora scheme for certificates of competence the duration, variation, suspension and cancellation of those certificates;
(b) prohibiting the carrying on of railway safety work by a person— (i) who does not hold an appropriate certificate of competence; or
(ii) who does not hold specified experience; or
(iii) who is not supervised by a person holding an appropriate certificate of competence or specified
qualifications, training or
experience;
(c)
exempting specified classes of people from the regulations;
(d)
application fees and fees for the issuing and holding of certificates of competence.
Transport (Rail Safety) Act 1996
| s. 3 | Act No. 28/1996 |
129Y. Regulations
(1) The Governor in Council may make
regulations for or with respect to—
(a) annual accreditation fees;
(b) exempting any person or class of people from the need to be accredited or registered; (c) private sidings, including registration
fees, the conditions to whichthe registering of people to manage of registration;
(d) inquiries under section 129U or 129V;
(e) any matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.
(2) Regulations made under this Division—
(a)
may be of general or of specially limited application; and
(b)
may differ according to differences in time, place or circumstance; and
(c)
may require a matter affected by the regulations to be—
(i) in accordance with a specified or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both sub-
paragraphs (i) and (ii); and
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 4
(d) may apply, adopt or incorporate any whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as in force at a particular time or as in force from time to time; and
(e)
may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(f)
may provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
(g)
may impose a penalty not exceeding 20 penalty units for a contravention of the regulations; and
(h)
may provide that an application may be made to the Administrative Appeals Tribunal for the review of a decision made under the regulations.'.
4. Removal of outdated references
In the Transport Act 1983—
(a) in section 2(1), after the definition of '"Department" means the Department of
Infrastructure;';
Transport (Rail Safety) Act 1996
| s. 4 | Act No. 28/1996 |
(b) in section 2(1)—
(i) in the definition of "officer", for "Department";
(ii) in the definition of "Secretary", omit "of Transport";
(c) section 3 is repealed;
(d)
in section 4(1), for "of Transport" substitute "under this Act";
(e)
in section 4(1)(c), for "Ministry" substitute "Department";
(f)
in section 4(2), for "Ministry of Transport" substitute "Department under this Act";
(g)
in sections 4(3) and (4), for "Ministry of Transport" (wherever occurring) substitute "Department";
(h)
in sections 6(1) and 6A(1), for "of Transport and the achievement of its objects" substitute "and the achievement of its objects under this Act";
(i) in section 6A(3)—
(i) in paragraph (a), omit "of Transport";
(ii) in paragraph (b), for "of Transport" substitute "under this Act";
(j)
in sections 7A, 82(4), 97(5)(d), 130, 225(a), 225A, 225B, 225C and 230(4), omit "of Transport" (wherever occurring);
(k)
in section 144(2)(d)(i), omit "to the Department of Transport".
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 5
5. Chief Executive of the PTC to be able to delegate
After section 32(3) of the Transport Act 1983 insert—
"(3A) The Chief Executive of the Public Transport
Corporation may, by instrument in writing,
delegate to any officer of the Corporation
any of his or her powers under this Act or the
regulations or under any other Act other
than—
(a) this power of delegation; and
(b)
any power delegated to the Chief Executive.".
6. Minor consequential amendments
(1) In sections 93(1)(definition of "authorised
officer") and 100(2) and (4) of the Transport
Act 1983, for "Chief Executive of the PublicTransport Corporation" substitute "Secretary".
(2) Any document signed by the Chief Executive of
the Public Transport Corporation under any
provision referred to in sub-section (1) continues
to have effect despite the change made by
sub-section (1).7. Widening of category of authorised officers for alcohol controls
After section 100 of the Transport Act 1983 insert—
"100A. Authorised officers for accredited railways
and tramways
(1) The Secretary may appoint as an authorised
officer for the purposes of this Division a
person nominated by a person who holds an
accreditation under Division 3.
Transport (Rail Safety) Act 1996
| s. 8 | Act No. 28/1996 |
(2) A person appointed under this section may only exercise the powers conferred by this Division in respect of the part of the railway
or tramway system managed, provided or
operated by the person who nominated himor her.
(3) An appointment—
(a) must be made in writing; and
(b) may be limited to a particular part of Victoria, to a particular railway or tramway system or part of a railway or tramway system or to particular railway or tramway system employees. (4) The Secretary must issue each authorised officer with a certificate—
(a) that identifies her or him as an authorised officer; and (b) that specifies the restrictions that apply to the authorised officer's appointment. (5) An authorised officer on duty must produce
on demand the certificate issued to him or
her under sub-section (4).
Penalty: 5 penalty units.
(6) A certificate purporting to be signed by the Secretary that a person named in it is an authorised officer is admissible in evidence in any proceeding of the authority of that person.".
8. Proof of prior convictions may include proof of findings of guilt
In section 214 of the Transport Act 1983—
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 9 (a) in sub-section (1)—
(i) after "previously convicted" insert "or found guilty";
(ii) after "prior convictions" insert "or findings of guilt";
(b)
in sub-section (2), after "prior convictions" insert "or findings of guilt";
(c) in sub-section (3)—
(i) after "convicted" (wherever occurring)
insert "or found guilty";(ii) in paragraph (b), after "to the guilt";
(d) in sub-section (5)—
(i) after "prior convictions" insert "or findings of guilt";
(ii) after "any conviction" insert ", finding";
(iii) after "in fact convicted" insert ", or
found guilty,".
9. Change concerning power to require names and addresses
For section 218B(1) of the Transport Act 1983
substitute—'(1) In this section "authorised officer"
means—
(a)
an authorised officer within the meaning of section 218; or
(b)
a person appointed in writing by the Secretary for the purposes of this section; or
Transport (Rail Safety) Act 1996
| s. 10 | Act No. 28/1996 |
(c) Corporation appointed in writing by
an officer of the Public Transport this section.'.
10. Substitution of section 219
For section 219 of the Transport Act 1983 substitute—
"219. Power to arrest suspected offenders
(1) This section applies if a member of the
police force or any officer or agent of the Public Transport Corporation believes on reasonable grounds that a person has
committed an offence against this Act or any
regulation made under this Act.(2) The member, officer or agent may without
warrant arrest the person if the member,
officer or agent believes on reasonable
grounds that the arrest is necessary for any
one or more of the following reasons—
(a)
to ensure the appearance of the person before a court of competent jurisdiction; or
(b) to preserve public order; or
(c)
to prevent the continuation or repetition of the offence or the commission of a further offence; or
(d)
for the safety or welfare of members of the public or of the person.
(3) The member, officer or agent may ask any
other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest.
(4) If an alleged offender is arrested in respect of a summary offence, he or she may only be
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 10
detained for so long as the reason for the
arrest under sub-section (2) continues. The
person detaining the alleged offender must
release the alleged offender as soon as the
reason ceases to exist, regardless of whether
or not the alleged offender has been charged
with the offence.(5) If the person responsible for arresting an
alleged offender is not a member of the
police force or an officer authorised under
sub-section (7), the person must give the
alleged offender into the charge of a member
of the police force or an officer authorised
under sub-section (7) as soon as is
practicable after arresting the alleged
offender (unless sub-section (4) applies).
(6) If a member of the police force or an officer
alleged offender or is given charge of an
alleged offender, the member or officer must
convey the alleged offender as soon as is
practicable before a bail justice or theauthorised under sub-section (7) arrests an to law (unless sub-section (4) applies). (7) The Public Transport Corporation may authorise, in writing, officers to convey people arrested under this section to a bail
justice or the Magistrates' Court. An authority may be general or specific.
219A. Power to arrest people against whom
warrants have been issued
(1) An officer of the Public Transport
Corporation may arrest any person found on
property owned or occupied by the
Corporation if—
Transport (Rail Safety) Act 1996
| s. 11 | Act No. 28/1996 |
(a) the officer believes, on reasonable grounds, that the person is a person against whom a warrant to arrest or a warrant to imprison has been issued; and (b) the officer is authorised to do so under sub-section (2). (2) The Public Transport Corporation may authorise, in writing, officers to arrest people under sub-section (1). An authority
may be general or specific.
(3) An officer who arrests a person under this
section must take the person as soon as
practicable to a member of the police force.".
11. Consequential amendment concerning tourist
railwaysIn section 247 of the Transport Act 1983—
(a)
in sub-section (2), omit all words and expressions after "Council thinks fit";
(b) sub-section (4) is repealed.
12. Transitional provisions
(1) Each person who was managing any rail
infrastructure that is in Victoria immediately
before the commencement of section 3 is deemed
to be accredited to manage that rail infrastructure.(2) Each person who was providing rolling stock in Victoria immediately before the commencement of section 3 is deemed to be accredited to continue
to provide rolling stock in the same way.
(3) Each person who was operating rolling stock in Victoria immediately before the commencement of section 3 is deemed to be accredited to continue
to operate rolling stock in the same way.
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 12 (4) A person's accreditation under this section expires
one year (or any earlier time specified by the
regulations) after the commencement of section 3.
(5) Despite sub-section (4), if a person applies for
accreditation under section 112, 113 or 114 of the accreditation expires under sub-section (4), the person's accreditation under this section expires—
(a) on the person being accredited under section 112, 113 or 114 (as the case may be); or (b) if the person is refused accreditation under section 112, 113 or 114 (as the case may be)— (i) 21 days after that refusal, if the person does not apply to have the refusal reviewed by the Administrative Appeals Tribunal; or
(ii) reviewed by the Administrative
Appeals Tribunal, on the Tribunal
giving its decision or on the personif the person applies to have the refusal review—
whichever occurs first.
(6) Despite sub-section (4), if a person applies to be
registered as the manager of a private siding under
the Transport Act 1983 before his, her or its
accreditation in respect of that siding expires
under sub-section (4), the person's accreditationunder this section expires—
(a)
on the person being registered under that Act; or
(b)
if the person is refused registration under that Act—
Transport (Rail Safety) Act 1996
| s. 12 | Act No. 28/1996 |
(i) 21 days after that refusal, if the person does not apply to have the refusal reviewed in accordance with any review rights the person may have; or
(ii) if the person applies to have the refusal reviewed, on the reviewing body giving its decision or on the person
withdrawing the application for
review—
whichever occurs first.
(7) In this section, "manage", "operate rolling
stock", "provide rolling stock", "private
siding" and "railway" have the same meanings
as they have in Division 3 of Part VI of the
Transport Act 1983.
_______________
Transport (Rail Safety) Act 1996
Act No. 28/1996 s. 13
PART 3—AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995
13. Removal of outdated references
In the Public Transport Competition Act 1995, in section 3(1), in the definitions of "Secretary" and "working day", for "Transport" substitute
"Infrastructure".
14. Widening of Secretary's power to delegate In section 35 of the Public Transport Competition Act 1995, omit "a power under
section 26(2) and".
15. Repeal of spent provisions
Part 5 of the Public Transport Competition Act
1995 is repealed.
_______________
Transport (Rail Safety) Act 1996
| s. 16 | Act No. 28/1996 |
PART 4—STATUTE LAW REVISION
16. Statute law revision
(1) In the Transport Act 1983—
(a)
in section 89(2)(b), omit "; and" (where secondly occurring);
(b)
in section 93(1), in the definition of "railway or tramway system" for "guage" substitute "gauge";
(c)
in section 183(2), after "that the vehicle" insert "was".
(2) Section 21 of the Road Safety (Miscellaneous
Amendments) Act 1995 is repealed.
(3) In section 32(12) of the Public Transport
Competition Act 1995, for "sub-section (1)" substitute "sub-section (11)".
═══════════════
Transport (Rail Safety) Act 1996
Act No. 28/1996 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 20 June 1996
Legislative Council: 8 October 1996
The long title for the Bill for this Act was "to amend the Transport Act
1983 and the Public Transport Competition Act 1995 and for otherpurposes."
1 The Interpretation of Legislation Act 1984, which applies to this Act,
defines a document in this way—
"document" includes, in addition to a document in writing—
(a) any book, map, plan, graph or drawing; (b) any photograph; (c)
any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatsoever;
(d)
any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
(e)
any film (including a microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being
reproduced therefrom; (f)
anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them.
2 See Note 1.
3 See Note 1.
0
0
0