Untitled document

Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013

No. 23 of 2013

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1Purpose

2Commencement

PART 2—AMENDMENTS TO THE RAIL SAFETY ACT 2006

3Principal Act

4Purpose amended

5Definitions and interpretation

6Tourist and heritage railway operator

7Declaration of substances to be a drug

8Railways to which this Act does not apply

9New section 7 substituted

7Meaning of rail safety work

10Declaration of an alcohol and drug control law of another
State or Territory to be corresponding law

11References to contraventions of Acts to be read as including references to contraventions of regulations

12Objects and principles of rail safety

13New section 11A substituted

11AConsistency with Rail Safety National Law (Victoria)

14Crown to be bound

15Principle of shared responsibility

16Principle of accountability for managing safety risks

17Principle of enforcement

18Principle of participation, consultation and involvement of all affected persons

19New heading to Division 1 of Part 3

20New section 18A inserted

18APrinciples applying to rail safety duties

21New heading to Division 2 of Part 3

22New section 20 substituted

20Duties of rail transport operators

23Duty of rolling stock operators to ensure safety of rolling
stock operations

24Rail contractor duties

25Duties of persons providing rail operations by means of contracted personnel

26Duties of rail safety workers

27Duties of persons engaged in loading and unloading of rolling stock

28What is a safety management system?

29Form and contents of safety management systems

30Accredited rail transport operator must consult before establishing safety management system

31Accredited rail transport operator to have in place a safety management system

32Accredited rail transport operator must comply with a safety management system

33Provision of access to SMS to Safety Director or transport
safety officer

34Requirements of exempted rail transport operator

35Safety audits

36Audit of medical records of rail safety workers

37Amendment to heading to Part 4

38Amendment to heading to Division 1 of Part 4

39Safety Director may require utility works or railway operations
to stop

40Repeal of definitions

41Safety Director may direct utility works or railway operations
to be altered, demolished or taken away

42What is a safety interface agreement?

43Safety interface assessment by rail transport operator—rail transport operations

44Safety interface assessment by rail infrastructure manager—
rail infrastructure and public roadways or pathways

45Safety interface assessment by rail infrastructure manager—
rail infrastructure and relevant roadways or pathways

46Safety interface assessment by relevant road authority of
public roadway or pathway

47Safety interface assessment by relevant road authority of
relevant roadway or pathway

48Requirements under sections 34E and 34F not to affect
relevant road authority's functions, obligations or powers

49Identification and assessment of risks

50Safety interface agreements

51Safety Director may give directions if persons fail to make
safety interface agreements

52Register of safety interface agreements

53Amendment to heading to Part 5

54Purpose of accreditation

55New section 36 substituted

36Offence for certain rail transport operators not to be accredited

56Rolling stock operators must not operate rolling stock unless accredited

57Application for accreditation

58New section 39 substituted

39Criteria on which accreditation applications by rail transport operators are to be assessed

59Criteria on which applications by rolling stock operators are
to be assessed

60Accreditation following direction

61Safety Director may give directions in relation to rolling stock operator applicants

62Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications

63Restrictions and conditions concerning accreditation

64Initial and annual accreditation fees

65Fee exemptions for tourist and heritage railway operators

66Offence to fail to comply with conditions etc.

67Application of Division

68New section 50 substituted

50Identification of incidents and hazards, and risk assessment

69Measures to control likelihood, magnitude and severity of consequences of incidents

70Emergency planning

71Accredited rail transport operator may apply for variation or revocation of conditions and restrictions

72Application for variation of accreditation is required in certain cases

73Where application for variation relates to co‑operative railway operations

74Prescribed conditions and restrictions

75Safety Director may vary, revoke or impose new conditions
of or restrictions on an accreditation on own initiative

76Surrender of accreditation

77False or misleading information

78Power of immediate suspension

79Disciplinary action against an accredited rail transport operator

80New Division 5A of Part 5 inserted

Division 5A—Exemptions granted by the Safety Director

61ADefinitions

61BAccreditation exemption for rail transport operators

61CWhat applicant must demonstrate

61DDetermination of application

61EApplication for variation of an exemption

61FDetermination of application for variation

61GPrescribed conditions and restrictions

61HVariation of conditions and restrictions

61ISafety Director may make changes to conditions or restrictions

61JRevocation or suspension of an exemption

61KPenalty for breach of condition or restriction

81Division 6 of Part 5 renamed

82Co-ordination between Safety Director and corresponding
Rail Safety Regulator

83Repeal of redundant accreditation scheme provisions

84Accredited rail transport operator must investigate railway accidents and incidents

85Accredited rail transport operator must put into effect
emergency plan without delay

86Accredited rail transport operator must notify emergency
services and others of a major incident

87Accredited rail transport operators to provide information

88New Division 7 of Part 5 inserted

Division 7—Registration of rail transport operators of private sidings

69BExemption from accreditation in respect of certain private sidings

69CRequirement for operators of certain private sidings
to be registered

69DApplication for registration

69EWhat applicant must demonstrate

69FDetermination of application

69GApplication for variation of registration

69HDetermination of application for variation

69IPrescribed conditions and restrictions

69JVariation of conditions and restrictions

69KSafety Director may make changes to conditions or restrictions

69LRevocation or suspension of registration

69MImmediate suspension of registration

69NSurrender of registration

69OAnnual fees

69PWaiver of fees

69QRegistration cannot be transferred or assigned

69ROffences relating to registration

89New Part 6 substituted

PART 6—ALCOHOL AND DRUG CONTROLS FOR
RAIL SAFETY WORKERS

Division 1—Preliminary matters

70Definitions

71Presumptions in relation to presence of concentrations
of alcohol and other drugs

72When a rail safety worker is not to be taken to be impaired

73When a rail safety worker is to be regarded as being about to carry out rail safety work

74Findings of guilt and convictions and subsequent offences

75Entry into residential premises by transport safety
officer or police restricted

Division 2—Offences and related evidentiary matters

76Offence relating to prescribed concentration of alcohol or prescribed drug

77Additional offences involving alcohol and drugs

78Additional circumstances when rail safety workers
may be convicted or found guilty

79Evidence as to effect of the consumption of alcohol
or consumption or use of a drug

80Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work

81Recording of drug and alcohol convictions by a court

Division 3—Testing and analysis

Subdivision 1—General power for testing of rail safety workers

82Testing for presence of drugs or alcohol

Subdivision 2—Preliminary breath tests or breath analyses

83Transport safety officer and police may require preliminary breath test or breath analysis

84Additional matters for preliminary breath tests

85Additional matters for breath analyses

86Evidentiary matters relating to breath analysis

Subdivision 3—Testing for drugs, oral fluid analyses and blood tests

86ATransport safety officer or police officer may require drug screening test, oral fluid analysis and blood test

86BAssessment of drug impairment

86CProcedure for assessments of drug impairment

86DOral fluid analysis and blood tests

86ERail safety worker may request sample of blood to be taken for analysis

86FOral fluid or blood sample or results of analysis etc.
not to be used for other purposes

86GDestruction of identifying information

86HBlood samples to be taken in certain cases

Division 4—Evidentiary provisions

86IEvidentiary provisions—blood tests

86JEvidentiary provisions—oral fluid samples

86KEvidentiary provisions—breath tests

Division 5—Other matters

86LApprovals

90Reviewable decisions

91Review by VCAT

92Special right of review concerning interstate applicants

93Codes of practice

94New section 98 substituted

98Criminal liability of officers of bodies corporate—
failure to exercise due diligence

95New sections 101A and 101B inserted

101ANo double jeopardy—Occupational Health and
Safety Act 2004

101BNo double jeopardy—Rail Safety National Law

96Reciprocal powers of rail safety officers

97Accreditation

98Safety duties and risk management requirements and minimisation

99Systems and arrangements for exempt rail operators

100Rail safety work

101Alcohol and other drug controls

102General regulation making powers

103Rail Safety Act 2006 renamed

104New Part 10 inserted

PART 10—SAVINGS AND TRANSITIONALS—TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013

111Renaming of Act—Savings provision

105Repeal of Part 11

PART 3—CONSEQUENTIAL AMENDMENTS TO THE TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

106New definition of accredited rail transport operator inserted

107Definitions—consequential amendments to definitions

108Safety work infringements

109Definitions

110Identity cards

111General public transport related inspection, inquiry and
search powers

112Direction to provide certain information

113Magistrates' Court may extend period

114Use or seizure of electronic equipment

115Improvement notices

116Definitions

117Safety Director may accept undertaking

118Varying or withdrawing undertaking

119Review of refusal to vary or withdraw undertaking

120Enforcement of undertaking

121Evidentiary certificates—relevant transport safety laws

122Offences by bodies corporate, officers of bodies corporate, partnerships etc.

123Service of documents on natural persons

124Service of documents on corporations

PART 4—AMENDMENTS TO THE BUS SAFETY ACT 2009

125Offences relating to operation of bus service required to be registered

126New section 24 substituted

24Offence for operator to operate commercial bus
service or local bus service unless accredited

127New Division 7A of Part 4 inserted

Division 7A—Exemptions granted by the Safety Director

52ADefinition

52BAccreditation exemption for operators

52CWhat applicant must demonstrate

52DDetermination of application

52EApplication for variation of an exemption

52FDetermination of application for variation

52GPrescribed conditions and restrictions

52HVariation of conditions and restrictions

52ISafety Director may make changes to conditions or restrictions

52JRevocation or suspension of an exemption

52KPenalty for breach of condition or restriction

128Review by VCAT

PART 5—REPEAL OF AMENDING ACT

129Repeal of Amending Act

═══════════════

ENDNOTES

Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013

No. 23 of 2013

[Assented to 23 April 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is—

(a)to amend the Rail Safety Act 2006—

(i)to facilitate the safe operation of railways in Victoria to which the Rail Safety National Law (Victoria) does not apply; and

(ii)to broadly align that Act with the Rail Safety National Law (Victoria) to ensure consistency in the regulation of railway operations in Victoria; and

(b)to amend the Bus Safety Act 2009 to provide for a mechanism to exempt operators of bus services from the requirement to be registered or accredited.

2Commencement

(1)Parts 1 and 4 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.

__________________

PART 2—AMENDMENTS TO THE RAIL SAFETY ACT 2006

3Principal Act

In this Part, the Rail Safety Act 2006 is called the Principal Act.

4Purpose amended

In section 1 of the Principal Act, for "provide for safe rail operations in Victoria" substitute "facilitate the safe operation of railways in Victoria to which the Rail Safety National Law (Victoria) does not apply".

5Definitions and interpretation

(1)In section 3(1) of the Principal Act—

(a)the definitions of accreditation, accredited rail operations, accredited rail operator, accredited tourist and heritage railway operator, ambulance service, breath analysing instrument, Country Fire Authority, Metropolitan Fire and Emergency Services Board, premises, rail infrastructure operations, rail operations, rail operator, relevant road manager, rolling stock operations and Tribunal are repealed;

(b)insert the following definitions—

"accredited rail transport operator means a rail transport operator who is accredited under Part 5;

accredited railway operations means railway operations carried out by a rail transport operator in respect of which the operator is accredited under Part 5;

associated railway track structures includes—

(a)associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and

(b)over-track structures and under-track structures (including tunnels under tracks);

employee includes a person employed under a contract of training;

national regulations means the regulations made under section 264 of the Rail Safety National Law (Victoria);

prescribed drug has the same meaning as in the Rail Safety National Law (Victoria);

prescribed notifiable occurrence has the same meaning as in the national regulations;

rail land includes—

(a)any land specified in paragraphs (a) and (b) of the definition of railway premises; and

(b)any land occupied by a railway infrastructure manager under the relevant rail infrastructure lease;

Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;

rail transport operator means—

(a)a rail infrastructure manager; or

(b)a rolling stock operator; or

(c)a person who is both a rail infrastructure manager and a rolling stock operator;

rail workplace means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work;

railway operations means any of the following—

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

(b)the construction of rolling stock;

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

(d)the design, commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;

(e)the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);

(f)the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;

(g)  the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;

registered person means a rail transport operator who is registered under Division 7 of Part 5 but does not include a person whose registration has been suspended, surrendered or revoked or has otherwise ceased to have effect;

relevant road authority means—

(a)in relation to a public roadway, the coordinating road authority within the meaning of section 36 of the Road Management Act 2004;

(b)in relation to a relevant roadway, relevant pathway or public pathway—the responsible road authority within the meaning of section 37 of the Road Management Act 2004 or the owner or occupier of the land on which there is a relevant roadway or relevant pathway;

road authority has the same meaning as in section 3(1) of the Road Management Act 2004;

tourist and heritage railway operator means a rail transport operator declared under section 3B to be a tourist and heritage railway operator;

works contractor means any person engaged directly or indirectly by Rail Track or a road authority to conduct road works or ancillary rail works on behalf of Rail Track or the road authority, including a subcontractor;

works manager means Rail Track, a road authority or a works contractor.";

(c)for the definition of corresponding law substitute—

"corresponding law means—

(a)the Rail Safety National Law Application Act 2013; or

(b)the Rail Safety National Law (Victoria); or

(c)a law of another State or a Territory of the Commonwealth declared under section 9 to be a corresponding law;";

(d)in the definition of Department, for "Infrastructure" substitute "Transport";

(e)for the definition of drug substitute—

"drug means—

(a)a drug within the meaning of the Rail Safety National Law (Victoria); or

(b)any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;";

(f)for the definition of emergency service substitute—

"emergency service means an emergency services agency within the meaning of the Emergency Management Act 1986;";

(g)for the definition of prescribed concentration of alcohol substitute—

"prescribed concentration of alcohol has the same meaning as in the Rail Safety National Law (Victoria);";

(h)for the definition of public pathway substitute—

"public pathway has the same meaning as pathway has in the Road Management Act 2004;";

(i)for the definition of rail infrastructure substitute—

"rail infrastructure means the facilities that are necessary to enable a railway to operate and includes—

(a)railway tracks and associated railway track structures; and

(b)service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and

(c)notices and signs; and

(d)electrical power supply and electric traction systems; and

(e)associated buildings, workshops, depots and yards; and

(f)plant, machinery and equipment; and

(g)tram stops and tram stations;

but does not include—

(h)rolling stock; or

(i)any facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;";

(j)in the definition of rail safety worker, in paragraphs (a) and (b), after "by a rail" insert "transport";

(k)for the definition of railway premises substitute—

"railway premises means—

(a)land (including any premises on the land) on or in which is situated rail infrastructure; or

(b)land (including any premises on the land) on or in which is situated any over-track or under-track structure or part of an over-track or under-track structure; or

(c)workshops, freight depots or maintenance depots used in connection with the carrying out of railway operations; or

(d)land (including any premises on land) on or in which documents or records required for, or relating to, the accreditation of an accredited rail transport operator are kept; or

(e)premises including an office, building or housing used in connection with the carrying out of rail operations; or

(f)rolling stock or other vehicles associated with railway operations; or

(g)  any other rail workplace;";

(l)for the definition of Road Rules substitute—

"Road Rules means the Road Safety Road Rules 2009;";

(m)in the definition of rolling stock—

(i)omit "or a part of a vehicle" (where twice occurring);

(ii)omit "track" (where three times occurring);

(iii)for "road/rail" substitute "self propelled infrastructure maintenance";

(n)in the definition of  safety audit—

(i)in paragraphs (a)(i), (ii) and (iii) and (b)(ii), for "rail operations" substitute "railway operations"; and

(ii)in paragraphs (b)(i) and (ii), for "rail operator" substitute "rail transport operator";

(o)in the definition of volunteer, for "expenses)." substitute "expenses);".

(2)In section 3(2) of the Principal Act—

(a)for "deemed" substitute "taken";

(b)for "rail infrastructure operations" substitute "railway operations".

(3)In section 3(3) of the Principal Act—

(a)for "deemed" substitute "taken";

(b)for "rolling stock operations" substitute "railway operations".

(4)In section 3(4) of the Principal Act—

(a)in paragraph (a), after "accredited rail" (wherever occurring) insert "transport";

(b)in paragraphs (a) and (b), for "deemed" substitute "taken";

(c)in paragraphs (a) and (b), for "rail infrastructure operations or rolling stock operations" substitute "railway operations";

(d)in paragraph (b), for "rail operations" substitute "railway operations".

(5)In section 3(5) of the Principal Act—

(a)in paragraphs (a) and (b), for "deemed" substitute "taken";

(b)in paragraph (a), for "rail infrastructure operations" substitute "railway operations";

(c)in paragraph (b), for "rolling stock operations" substitute "railway operations".

(6)In section 3(6) of the Principal Act, in the definition of labour-hire contractor, for
"rail infrastructure operations or rolling stock operations (as the case requires)" substitute "railway operations".

6Tourist and heritage railway operator

(1)In the heading to section 3B of the Principal Act, for "Accredited tourist" substitute "Tourist".

(2)In section 3B of the Principal Act—

(a)for "accredited rail operator" substitute
"rail transport operator";

(b)for "accredited tourist" substitute "tourist";

(c)for "accredited rail operations" substitute "railway operations".

7Declaration of substances to be a drug

Section 4 of the Principal Act is repealed.

8Railways to which this Act does not apply

(1)For section 6(b) of the Principal Act substitute—

"(b)a railway that—

(i)is used only for the purposes of an amusement structure; and

(ii)is operated only within an amusement park; and

(iii)does not operate on or cross a public road; and

(iv)is not connected with another railway in respect of a rail transport operator which is required to be accredited or registered under this Act;".

(2)In section 6(f) of the Principal Act, for "apply." substitute "apply; or".

(3)After section 6(f) of the Principal Act insert—

"(g)a railway to which the Rail Safety National Law (Victoria) applies.".

(4)At the end of section 6 of the Principal Act insert—

"(2)In this section, amusement structure means a structure or device operated for hire or reward, or provided on hire or lease—

(a)that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and

(b)that is an arrangement of structural or mechanical elements (or both) that has as its prime functions the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect.".

9New section 7 substituted

For section 7 of the Principal Act substitute—

7Meaning of rail safety work"

(1)Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Act—

(a)driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock;

(b)signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock;

(c)coupling or uncoupling rolling stock;

(d)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, repair, modification, maintenance, 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 means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system;

(h)work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;

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

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

(k)work involving the management or monitoring of passenger safety on, in or at any railway;

(l)any work in relation to ensuring the safety of—

(i)rail safety workers on a railway;

(ii)any persons working on or near a railway, whether or not the person working on or near the railway track is carrying out rail safety work;

(m)any other work that is prescribed by the national regulations to be rail safety work.

(2)For the purposes of this Act, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work.".

10Declaration of an alcohol and drug control law of another State or Territory to be corresponding law

In section 9 of the Principal Act, after "76(1)" insert "or 77(1)".

11References to contraventions of Acts to be read as including references to contraventions of regulations

Section 10 of the Principal Act is repealed.

12Objects and principles of rail safety

In section 11 of the Principal Act, for "rail operations" (wherever occurring) substitute "railway operations".

13New section 11A substituted

For section 11A of the Principal Act substitute—

11AConsistency with Rail Safety National Law (Victoria)"

It is the intention of Parliament that this Act regulates and promotes the safe operation of railways in Victoria in a manner consistent with the Rail Safety National Law (Victoria).".

14Crown to be bound

After section 12(2) of the Principal Act insert—

"(3)No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act.".

15Principle of shared responsibility

(1)In section 13(1)(a) of the Principal Act, for "rail operators" substitute "rail transport operators".

(2)In section 13(1)(c)(ii) of the Principal Act—

(a)for "rail infrastructure operations or rolling stock operations" substitute "railway operations";

(b)for "rail operators" substitute "rail transport operators".

(3)After section 13(1)(c)(ii) of the Principal Act insert—

"(iii)in relation to the transport of freight by railway, load or unload freight on or from rolling stock; and".

16Principle of accountability for managing safety risks

In section 14 of the Principal Act, for "rail infrastructure operations or rolling stock operations" substitute "railway operations".

17Principle of enforcement

In section 16 of the Principal Act—

(a)in paragraph (d), for "safety." substitute "safety; and";

(b)after paragraph (d) insert—

"(e)securing compliance with this Act and the regulations through effective and appropriate compliance and enforcement measures.".

18Principle of participation, consultation and involvement of all affected persons

In section 18 of the Principal Act, for "rail operations" substitute "railway operations".

19New heading to Division 1 of Part 3

For the heading to Division 1 of Part 3 of the Principal Act substitute—

Division 1—Rail safety concepts and principles"".

20New section 18A inserted

Before section 19 of the Principal Act insert—

18A"Principles applying to rail safety duties

(1)A duty under this Act or the regulations cannot be transferred to another person.

(2)A person can have more than one duty under this Act or the regulations by virtue of being in more than one class of duty holder.

(3)More than one person can concurrently have the same duty under this Act or the regulations and each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.

(4)If more than one person has a duty for the same matter, each person—

(a)retains responsibility for the person's duty in relation to the matter; and

(b)must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).".

21New heading to Division 2 of Part 3

For the heading to Division 2 of Part 3 of the Principal Act substitute—

Division 2—Safety duties of rail transport operators"".

22New section 20 substituted

For section 20 of the Principal Act substitute—

"20   Duties of rail transport operators

(1)A rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator's railway operations.

Penalty:In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.

(2)Without limiting subsection (1), a rail transport operator must ensure, so far as is reasonably practicable—

(a)that safe systems for the carrying out of the operator's railway operations are developed and implemented; and

(b)that each rail safety worker who is to perform rail safety work in relation to the operator's railway operations—

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

(ii)is competent to undertake that work; and

(c)that rail safety workers do not carry out rail safety work in relation to the operator's railway operations, and are not on duty, while impaired by alcohol or a drug; and

(d)that rail safety workers who perform rail safety work in relation to the operator's railway operations do not carry out rail safety work while impaired by fatigue or if they may become so impaired; and

(e)the provision of adequate facilities for the safety of persons at any railway premises under the control or management of the operator; and

(f)the provision of—

(i)such information and instruction to, and training and supervision of, rail safety workers as is necessary to enable those workers to perform rail safety work in relation to the operator's railway operations in a way that is safe; and

(ii)such information to rail transport operators and other persons on railway premises under the control or management of the operator as is necessary to enable those persons to ensure their safety.

(3)Without limiting subsection (1), a rail infrastructure manager must ensure, so far as is reasonably practicable—

(a)the provision or maintenance of rail infrastructure that is safe; and

(b)that any design, construction, commissioning, use, installation, modification, maintenance, repair or decommissioning of the manager's rail infrastructure is done or carried out in a way that ensures the safety of railway operations; and

(c)that systems and procedures for the scheduling, control and monitoring of railway operations are established and maintained so as to ensure the safety of the manager's railway operations; and

(d)that communications systems and procedures are established and maintained so as to ensure the safety of the manager's railway operations.

(4)Without limiting subsection (1), a rolling stock operator must ensure, so far as is reasonably practicable—

(a)the provision or maintenance of rolling stock that is safe; and

(b)that any design, construction, commissioning, use, modification, maintenance, repair or decommissioning of the operator's rolling stock is done or carried out in a way that ensures safety; and

(c)compliance with the rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager's rail infrastructure by the rolling stock operator; and

(d)that equipment, procedures and systems are established and maintained so as to minimise risks to the safety of the operator's railway operations; and

(e)that arrangements are made for ensuring safety in connection with the use, operation and maintenance of the operator's rolling stock; and

(f)that communications systems and procedures are established and maintained so as to ensure the safety of the operator's railway operations.

(5)This section applies to a person (other than a rail transport operator) who carries out railway operations in the same way as it applies to a rail transport operator, but does not apply if the person carries out those operations as a rail safety worker or an employee.".

23Duty of rolling stock operators to ensure safety of rolling stock operations

Section 21 of the Principal Act is repealed.

24Rail contractor duties

(1)For the penalty at the foot of section 22(1) substitute—

"Penalty:In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.".

(2)In section 22(2) of the Principal Act—

(a)for "rail infrastructure operations or rolling stock operations" substitute "railway operations";

(b)for "rail operator" substitute "rail transport operator";

(c)for the penalty at the foot of that section substitute—

"Penalty:In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.".

(3)In section 22(3)(d) of the Principal Act—

(a)for "rail infrastructure operations or rolling stock operations" (where twice occurring) substitute "railway operations";

(b)for "rail operator" substitute "rail transport operator".

25Duties of persons providing rail operations by means of contracted personnel

(1)In the heading to section 22A of the Principal Act, for "rail" substitute "railway".

(2)In section 22A(1) of the Principal Act, for "rail infrastructure operations" (where twice occurring) substitute "railway operations".

(3)In section 22A(2) of the Principal Act, for "rolling stock operations" (where twice occurring) substitute "railway operations".

26Duties of rail safety workers

(1)In section 23(1)(c) and (2) of the Principal Act, for "rail operator" (wherever occurring) substitute "rail transport operator".

(2)For the penalty at the foot of section 23(1) of the Principal Act substitute—

"Penalty:$300 000 or imprisonment for 5 years or both.".

(3)For the penalty at the foot of section 23(2) of the Principal Act substitute—

"Penalty:$300 000 or imprisonment for 5 years or both.".

(4)For the penalty at the foot of section 23(3) of the Principal Act substitute—

"Penalty:$300 000 or imprisonment for 5 years or both.".

27Duties of persons engaged in loading and unloading of rolling stock

For the penalty at the foot of section 23A(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $300 000 or imprisonment for 5 years or both;

In the case of a body corporate, $3 000 000.".

28What is a safety management system?

In section 24 of the Principal Act—

(a)for "rail operator" (where twice occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

29Form and contents of safety management systems

For section 25(b) of the Principal Act substitute—

"(b)provide a comprehensive and integrated risk management system for compliance with Division 3 of Part 5 including—

(i)the identification and assessment of risks to safety in relation to railway operations in respect of which the operator is required to be accredited; and

(ii)the adoption of control measures to be adopted by the operator to manage identified risks to safety; and".

30Accredited rail transport operator must consult before establishing safety management system

(1)In the heading to section 26 of the Principal Act, after "rail" insert "transport".

(2)In section 26 of the Principal Act—

(a)for "rail operator" (wherever occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

(3)For the penalty at the foot of section 26 of the Principal Act substitute—

"Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

31Accredited rail transport operator to have in place a safety management system

(1)In the heading to section 27 of the Principal Act, after "rail" insert "transport".

(2)In section 27(1) of the Principal Act—

(a)for "rail operator" (where twice occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

(3)For the penalty at the foot of section 27(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

32Accredited rail transport operator must comply with a safety management system

(1)In the heading to section 28 of the Principal Act, after "rail" insert "transport".

(2)In section 28(1) of the Principal Act—

(a)for "rail operator" (wherever occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

(3)For the penalty at the foot of section 28(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

33Provision of access to SMS to Safety Director or transport safety officer

In section 28A of the Principal Act, for "rail operator" (wherever occurring) substitute
"rail transport operator".

34Requirements of exempted rail transport operator

(1)In the heading to section 28B of the Principal Act, after "rail" insert "transport".

(2)In section 28B(1) and (2) of the Principal Act, for "rail operator" (wherever occurring) substitute "rail transport operator".

(3)In section 28B(1) of the Principal Act—

(a)for "rail operations" substitute "railway operations";

(b)for "section 63" substitute "Division 5A of Part 5 or section 69B".

(4)After section 28B(4) of the Principal Act insert—

"(5)A rail transport operator who holds an exemption under Division 5A of Part 5 or section 69B must comply with the system and arrangements established by the rail transport operator under this section.

Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

35Safety audits

In section 29 of the Principal Act, for "rail operator" substitute "rail transport operator".

36Audit of medical records of rail safety workers

In section 30(1), (2) and (3) of the Principal Act, for "rail operator" (wherever occurring) substitute "rail transport operator".

37Amendment to heading to Part 4

In the heading to Part 4 of the Principal Act, for "RAIL" substitute "RAILWAY".

38Amendment to heading to Division 1 of Part 4

In the heading to Division 1 of Part 4 of the Principal Act, for "Rail" substitute "Railway".

39Safety Director may require utility works or railway operations to stop

(1)In the heading to section 33 of the Principal Act, for "rail" substitute "railway".

(2)In section 33 of the Principal Act—

(a)for "rail operations" (wherever occurring) substitute "railway operations";

(b)for "rail operator" (wherever occurring) substitute "rail transport operator".

40Repeal of definitions

In section 33A(1) of the Principal Act—

(a)in the definition of access, for "rail works;" substitute "rail works.";

(b)the definitions of rail land, Rail Track, road authority, works contractor and works manager are repealed.

41Safety Director may direct utility works or railway operations to be altered, demolished or taken away

(1)In the heading to section 34 of the Principal Act, for "rail" substitute "railway".

(2)In section 34(2) of the Principal Act—

(a)for "rail operations" (where twice occurring) substitute "railway operations";

(b)for "rail operator" substitute "rail transport operator";

(c)for "rolling stock" substitute "railway".

42What is a safety interface agreement?

In section 34A of the Principal Act—

(a)in paragraph (d), after "will" insert "exchange information about and";

(b)in paragraph (e), after "review" insert
"and its revision".

43Safety interface assessment by rail transport operator—rail transport operations

(1)In the heading to section 34B of the Principal Act, for "rail operator—rail operations" substitute "rail transport operator—railway operations".

(2)In section 34B of the Principal Act—

(a)for "rail operator" (wherever occurring) substitute "rail transport operator";

(b)for "rail operations" (wherever occurring) substitute "railway operations".

(3)Insert the following penalty at the foot of   section 34B(1) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

44Safety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways

(1)In section 34C(1)(a) of the Principal Act, for "rail infrastructure operations" substitute "railway operations".

(2)Insert the following penalty at the foot of section 34C(1) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

(3)In section 34C(2) of the Principal Act, for "road manager" substitute "road authority".

45Safety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways

(1)In section 34D(1)(a) of the Principal Act, for "rail infrastructure operations" substitute "railway operations".

(2)Insert the following penalty at the foot of   section 34D(1) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

(3)In section 34D of the Principal Act, for "road manager" (wherever occurring) substitute
"road authority".

(4)Insert the following penalty at the foot of section 34D(2) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

(5)Insert the following penalty at the foot of section 34D(3) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

46Safety interface assessment by relevant road authority of public roadway or pathway

(1)In the heading to section 34E of the Principal Act, for "manager" substitute "authority".

(2)In section 34E of the Principal Act—

(a)for "road manager" (wherever occurring) substitute "road authority".

(b)for "rail infrastructure operations" (wherever occurring) substitute "railway operations".

(3)Insert the following penalty at the foot of   section 34E(1) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

47Safety interface assessment by relevant road authority of relevant roadway or pathway

(1)In the heading to section 34F of the Principal Act, for "manager" substitute "authority".

(2) In section 34F of the Principal Act—

(a)for "road manager" (wherever occurring) substitute "road authority";

(b)for "rail infrastructure operations" (wherever occurring) substitute "railway operations".

(3)Insert the following penalty at the foot of section 34F(1) of the Principal Act—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

48Requirements under sections 34E and 34F not to affect relevant road authority's functions, obligations or powers

(1)In the heading to section 34G of the Principal Act, for "manager's" substitute "authority's".

(2)In section 34G of the Principal Act, for "road manager" substitute "road authority".

49Identification and assessment of risks

In section 34H of the Principal Act—

(a)for "rail operator" (wherever occurring) substitute "rail transport operator";

(b)for "road manager" (wherever occurring) substitute "road authority".

50Safety interface agreements

(1)In section 34I of the Principal Act, for "rail operators" (where twice occurring) substitute "rail transport operators".

(2)In section 34I(a) of the Principal Act, for "managers" substitute "authorities".

(3)In section 34I(c) of the Principal Act, for "rail operations" substitute "railway operations".

51Safety Director may give directions if persons fail to make safety interface agreements

(1)In section 34J of the Principal Act—

(a)for "rail operator" (wherever occurring) substitute "rail transport operator";

(b)for "road manager" (wherever occurring) substitute "road authority".

(2)For the penalty at the foot of section 34J(7) of the Principal Act substitute—

"Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

52Register of safety interface agreements

(1)In section 34K(1) of the Principal Act—

(a)for "rail operator" (where twice occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

(2)For the penalty at the foot of section 34K(1) substitute—

"Penalty:In the case of a natural person, $5 000;

In the case of a body corporate, $25 000.".

(3)In section 34K(2) of the Principal Act, for "road manager" (wherever occurring) substitute
"road authority".

53Amendment to heading to Part 5

In the heading to Part 5 of the Principal Act, for "RAIL INFRASTRUCTURE AND ROLLING STOCK" substitute "RAILWAY".

54Purpose of accreditation

In section 35 of the Principal Act—

(a)for "rail operator" (where twice occurring) substitute "rail transport operator";

(b)for "rail operations" substitute "railway operations".

55New section 36 substituted

For section 36 of the Principal Act substitute—

36Offence for certain rail transport operators not to be accredited"

A rail transport operator must not carry out railway operations unless the rail transport operator—

(a)is accredited under this Part in respect of those operations; or

(b)holds an exemption granted under Division 5A; or

(c)is exempted by the regulations from the requirement to be accredited under this Part.

Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

56Rolling stock operators must not operate rolling stock unless accredited

Section 37 of the Principal Act is repealed.

57Application for accreditation

(1)In section 38(1) of the Principal Act, for "rail infrastructure operations" substitute "railway operations".

(2)In section 38(2) of the Principal Act, for "rolling stock operations" substitute "railway operations".

58New section 39 substituted

For section 39 of the Principal Act substitute—

39Criteria on which accreditation applications by rail transport operators are to be assessed"

The Safety Director must accredit a rail transport operator in respect of the railway operations the operator carries out if the Safety Director is satisfied that—

(a)the rail transport operator—

(i)is accredited in another State or a Territory of the Commonwealth to carry out railway operations of a similar kind in that State or Territory; or

(ii)has the competence and capacity to carry out those operations safely; and

(b)the rail transport operator has demonstrated to the Safety Director that—

(i)the rail transport operator has taken all reasonable steps to comply with Division 3; and

(ii)the rail transport operator's safety management system complies with Division 4 of Part 3; and

(iii)the rail transport operator has complied with section 26; and

(c)the rail transport operator has financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the carrying out of railway operations; and

(d)in the case of a rail transport operator who is a rolling stock operator but is not the rail infrastructure manager who controls the railway on which the rolling stock will be operated—the rail transport operator has an agreement with the rail infrastructure manager who controls the railway on which the operator wishes to operate particular rolling stock, and the agreement includes appropriate arrangements for the safe operation of the rolling stock.".

59Criteria on which applications by rolling stock operators are to be assessed

Section 40 of the Principal Act is repealed.

60Accreditation following direction

In section 41 of the Principal Act, for "rolling stock operations" substitute "railway operations".

61Safety Director may give directions in relation to rolling stock operator applicants

In section 42(1)(a) of the Principal Act, for "rolling stock operations" substitute "railway operations".

62Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications

(1)In section 43 of the Principal Act—

(a)for "rail operators" (where twice occurring) substitute "rail transport operators";

(b)for "rail operations" (wherever occurring) substitute "railway operations";

(c)for "rail operator" (wherever occurring) substitute "rail transport operator".

(2)For the penalty at the foot of section 43(4) of the Principal Act substitute—

"Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

(3)For the penalty at the foot of section 43(5) of the Principal Act substitute—

"Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

63Restrictions and conditions concerning accreditation

(1)In section 46(1) of the Principal Act, for "rail infrastructure manager or rolling stock operator" substitute "rail transport operator".

(2)In section 46 of the Principal Act, for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator".

64Initial and annual accreditation fees

In section 46A of the Principal Act, for "accredited rail operator" (where twice occurring) substitute "accredited rail transport operator".

65Fee exemptions for tourist and heritage railway operators

(1)In the heading to section 46B of the Principal Act, omit "accredited".

(2)In section 46B(1) of the Principal Act—

(a)for "An accredited tourist" substitute
"A tourist";

(b)after "section 46A" insert "or Division 5A of Part 5".

66Offence to fail to comply with conditions etc.

(1)In section 48(1), (2) and (3) of the Principal Act, for "accredited rail operator" substitute "accredited rail transport operator".

(2)For the penalty at the foot of section 48(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $150 000;

In the case of a body corporate, $1 500 000.".

67Application of Division

Section 49 of the Principal Act is repealed.

68New section 50 substituted

For section 50 of the Principal Act substitute—

50Identification of incidents and hazards, and risk assessment"

(1)A rail transport operator must—

(a)identify all incidents which could occur while carrying out any railway operations in respect of which the operator is accredited; and

(b)identify all hazards that could cause, or contribute to causing, those incidents.

(2)A rail transport operator must document all aspects of any identification required by subsection (1), including the methods and criteria used for identifying the incidents and hazards.

(3)A rail transport operator must conduct a comprehensive and systematic assessment in relation to all possible incidents and all hazards identified in accordance with subsection (1).

(4)An assessment must involve an examination and analysis of the hazards and incidents identified so as to provide the rail transport operator with a detailed understanding of all aspects of risk to safety associated with the incidents, including—

(a)the nature of each hazard and incident; and

(b)the likelihood of each hazard causing an incident; and

(c)in the event of an incident occurring—

(i)its magnitude; and

(ii)the severity of its consequences of the incident; and

(d)the range of control measures considered to eliminate or minimise the risk to safety.

(5)In conducting an assessment, the rail transport operator must—

(a)consider hazards cumulatively as well as individually; and

(b)use assessment methodologies (whether quantitative or qualitative, or both) that are appropriate to the hazards being considered.

(6)The rail transport operator must document all aspects of the assessment, including—

(a)the incidents and hazards considered; and

(b)the likelihood and severity of consequences; and

(c)the range of control measures considered, including—

(i)statements as to their viability and effectiveness; and

(ii)reasons for selecting certain control measures and rejecting others.

(7)In this section, incident includes major incident.".

69Measures to control likelihood, magnitude and severity of consequences of incidents

In section 51 of the Principal Act—

(a)after "A rail" insert "transport";

(b)in paragraphs (a) and (b), omit "referred to in section 50".

70Emergency planning

For section 52(1) and (2) of the Principal Act substitute—

"(1)A rail transport operator must prepare an emergency plan for—

(a)any rail infrastructure that the operator controls; and

(b)any railway operations the operator carries out.".

71Accredited rail transport operator may apply for variation or revocation of conditions and restrictions

(1)In the heading to section 53 of the Principal Act, after "rail" insert "transport".

(2)In section 53 of the Principal Act, for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator".

72Application for variation of accreditation is required in certain cases

In section 54 of the Principal Act—

(a)for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator";

(b)for "rail operations" (wherever occurring) substitute "railway operations".

73Where application for variation relates to co‑operative railway operations

In the heading to section 54A of the Principal Act, for "rail" substitute "railway".

74Prescribed conditions and restrictions

In section 54B of the Principal Act, after "rail" insert "transport".

75Safety Director may vary, revoke or impose new conditions of or restrictions on an accreditation on own initiative

(1)In the heading to section 55 of the Principal Act—

(a)after "conditions" insert "of";

(b)for "restrictions of" substitute "restrictions on".

(2)In section 55(1)(a) of the Principal Act, for "condition or restriction of" substitute "condition of or restriction on".

(3)In section 55(4)(a)(ii) of the Principal Act, for "conditions or restrictions of" substitute "conditions of or restrictions on".

(4)In section 55 of the Principal Act, for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator".

76Surrender of accreditation

(1)In section 56 of the Principal Act, for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator".

(2)In section 56(1) of the Principal Act, for "rail operator's" substitute "rail transport operator's".

77False or misleading information

For the penalty at the foot of section 57(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

78Power of immediate suspension

In section 58(4) of the Principal Act, after "accredited rail" insert "transport".

79Disciplinary action against an accredited rail transport operator

(1)In the heading to section 59 of the Principal Act, after "rail" insert "transport".

(2)In section 59(2)(c) and (d) of the Principal Act, for "rail infrastructure operations or rolling stock operations (as the case requires)" substitute "railway operations".

(3)In section 59(3) of the Principal Act, after "accredited rail" insert "transport".

(4)In section 59(4) of the Principal Act, after "accredited rail" (where twice occurring) insert "transport".

80New Division 5A of Part 5 inserted

After Division 5 of Part 5 of the Principal Act insert—

Division 5A—Exemptions granted by the Safety Director"

61ADefinitions

In this Division, designated provision means any or all of the following—

(a)Division 4 of Part 3;

(b)Divisions 1 to 4 of Part 5;

(c)regulations made for the purposes of Division 4 of Part 3 or Divisions 1 to 4 of Part 5.

61BAccreditation exemption for rail transport operators

(1)A rail transport operator may apply to the Safety Director for an exemption from a designated provision in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of the operator.

(2)An application must be made in the manner and form approved by the Safety Director and—

(a)must specify the scope and nature of the railway operations in respect of which an exemption is sought; and

(b)if the railway operations include the operation or movement of rolling stock on a railway—must include details about the operation or movement of rolling stock; and

(c)must contain any prescribed information; and

(d)must be accompanied by the prescribed application fee (if any).

(3)The Safety Director may require a rail transport operator who has applied for an exemption—

(a)to supply further information requested by the Safety Director; and

(b)to verify by statutory declaration any information supplied to the Safety Director.

61CWhat applicant must demonstrate

The Safety Director must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—

(a)that the applicant is, or is to be, a tourist and heritage railway operator, rail infrastructure manager or rolling stock operator in relation to the railway operations in respect of which the exemption is sought; and

(b)that the applicant—

(i)has the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and

(ii)has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.

61DDetermination of application

(1)Subject to this section, the Safety Director must, within the relevant period—

(a)if the Safety Director is satisfied as to the matters referred to in section 61C—notify the applicant that an exemption from a designated provision of this Act or the regulations has been granted, with or without conditions or restrictions; or

(b)if the Safety Director is not satisfied as to the matters referred to in section 61C—notify the applicant that the application has been refused.

(2)An exemption under this Division is subject to—

(a)any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

(b)any other condition or restriction imposed on the exemption by the Safety Director.

(3)Notification under this section—

(a)must be in writing and given to the applicant; and

(b)if the exemption has been granted, must specify—

(i)the details of the applicant; and

(ii)the scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the exemption is granted; and

(iii)any condition or restriction imposed by the Safety Director under this section on the exemption; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 7; and

(d)if the application has been refused must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 7; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.

(4)In this section, relevant period, in relation to an application, means—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—

whichever is the longer.

61EApplication for variation of an exemption

(1)A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of the exemption.

(2)A rail transport operator who has been granted an exemption under this Division must apply to the Safety Director for a variation of the exemption if—

(a)the applicant proposes to vary the scope and nature of the railway operations in respect of which the exemption has been granted; or

(b)any other variation is proposed in respect of the railway operations in respect of which the exemption has been granted that should be reflected in the exemption.

(3)An application for variation must be made in the manner and form approved by the Safety Director and—

(a)must specify the details of the variation being sought; and

(b)must contain any prescribed information; and

(c)must be accompanied by the prescribed application fee (if any).

(4)The Safety Director may require an applicant for a variation—

(a)to supply further information requested by the Safety Director; and

(b)to verify by statutory declaration any information supplied to the Safety Director.

61FDetermination of application for variation

(1)Subject to this section, the Safety Director must, within the relevant period—

(a)if the Safety Director is satisfied as to the matters referred to in section 61C (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

(b)if the Safety Director is not so satisfied—notify the applicant that the application has been refused.

(2)Notification under this section—

(a)must be in writing and given to the applicant; and

(b)if the exemption has been varied, must specify—

(i)the details of the applicant; and

(ii)the variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and

(iii)any conditions and restrictions imposed by the Safety Director on the exemption as varied; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption as varied, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 7; and

(d)if the application has been refused, must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 7; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.

(3)In this section, relevant period, in relation to an application, means—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—

whichever is the longer.

61GPrescribed conditions and restrictions

An exemption granted to a rail transport operator that is varied under this Division is subject to any conditions or restrictions prescribed by the regulations that are applicable to the exemption as varied.

61HVariation of conditions and restrictions

(1)A rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of a condition or restriction imposed by the Safety Director to which the exemption is subject.

(2)An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption under section 61E.

(3)The Safety Director must consider the application and, if satisfied as to the matters referred to in sections 61C and 61D (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.

(4)Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7.

61ISafety Director may make changes to conditions or restrictions

(1)The Safety Director may, subject to this section, at any time, vary or revoke a condition or restriction imposed by the Safety Director on an exemption granted to a rail transport operator under this Division or impose a new condition or restriction.

(2)Before taking action under this section, the Safety Director must—

(a)give the rail transport operator written notice of the action that the Safety Director proposes to take; and

(b)allow the operator to make written representations about the intended action within 28 days (or any other period that the Safety Director and the operator agree on); and

(c)consider any representations made under paragraph (b) and not withdrawn.

(3)The Safety Director must, by written notice given to the rail transport operator, provide—

(a)details of any action taken under this section; and

(b)a statement of reasons for any action taken under this section; and

(c)information about the right of review under Part 7.

61JRevocation or suspension of an exemption

(1)This section applies to a rail transport operator who has been granted an exemption under this Division if—

(a)the Safety Director considers that the operator—

(i)is no longer able to demonstrate to the satisfaction of the Safety Director the matters referred to in section 61C or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

(ii)is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the exemption relates and has not done so for at least the preceding 12 months; or

(b)the operator contravenes this Act or the regulations.

(2)The Safety Director may—

(a)suspend the exemption for a period determined by the Safety Director ; or

(b)revoke the exemption with immediate effect or with effect from a specified future date; or

(c)impose conditions or restrictions on the exemption; or

(d)vary conditions or restrictions to which the exemption is subject.

(3)Before making a decision under subsection (2), the Safety Director—

(a)must notify the rail transport operator in writing—

(i)that the Safety Director is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

(ii)that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Safety Director showing cause why the decision should not be made; and

(b)must consider any representations made under paragraph (a)(ii) and not withdrawn.

(4)If the Safety Director suspends or revokes the exemption, the Safety Director must include in the notice of suspension or revocation the reasons for the suspension or revocation and information about the right of review under Part 7.

(5)The Safety Director may withdraw a suspension of the exemption by written notice given to the rail transport operator.

61KPenalty for breach of condition or restriction

A rail transport operator who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.

Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

81Division 6 of Part 5 renamed

In the heading to Division 6 of Part 5 of the Principal Act, after "Miscellaneous" insert "provisions regarding accreditation".

82Co-ordination between Safety Director and corresponding Rail Safety Regulator

In section 62A(1) of the Principal Act, for "rail" substitute "railway".

83Repeal of redundant accreditation scheme provisions

Sections 63 to 66 of the Principal Act are repealed.

84Accredited rail transport operator must investigate railway accidents and incidents

(1)In the heading to section 67 of the Principal Act, after "rail" insert "transport".

(2)In section 67(1) of the Principal Act—

(a)for "accredited rail operator" substitute "accredited rail transport operator"; and

(b)for "rail operations" substitute "railway operations".

85Accredited rail transport operator must put into effect emergency plan without delay

(1)In the heading to section 68 of the Principal Act, after "rail" insert "transport".

(2)In section 68(1) of the Principal Act, after "accredited rail" insert "transport".

(3)For the penalty at the foot of section 68(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $50 000;

In the case of a body corporate, $500 000.".

86Accredited rail transport operator must notify emergency services and others of a major incident

(1)In the heading to section 69 of the Principal Act, after "rail" insert "transport".

(2)In section 69(1) of the Principal Act, after "accredited rail" (where twice occurring) insert "transport".

(3)For the penalty at the foot of section 69(1) of the Principal Act substitute—

"Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

87Accredited rail transport operators to provide information

(1)In the heading to section 69A of the Principal Act, after "rail" insert "transport".

(2)In section 69A of the Principal Act, for "accredited rail operator" (wherever occurring) substitute "accredited rail transport operator".

(3)For the penalty at the foot of section 69A(2) of the Principal Act substitute—

"Penalty:In the case of a natural person, $10 000;

In the case of a body corporate, $50 000.".

(4)For the penalty at the foot of section 69A(3) of the Principal Act substitute—

"Penalty:In the case of a natural person, $10 000;

In the case of a body corporate, $50 000.".

88New Division 7 of Part 5 inserted

After Division 6 of Part 5 of the Principal Act insert—

Division 7—Registration of rail transport operators of private sidings"

69BExemption from accreditation in respect of certain private sidings

A rail transport operator of a private siding is not required to be accredited under this Part in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.

69CRequirement for operators of certain private sidings to be registered

(1)A rail transport operator of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited rail transport operator or another private siding, must be registered in respect of the private siding in accordance with this Division.

Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.

(2)A rail transport operator of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited rail transport operator or another private siding must—

(a)comply with the requirements of Division 2 of Part 4 so far as they are relevant to the railway operations carried out in the private siding; and

(b)seek to enter into a safety interface agreement with the accredited rail transport operator or rail transport operator of the other private siding (as the case may be).

Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.

69DApplication for registration

(1)A rail transport operator of a private siding to which section 69C applies may apply to the Safety Director for registration in respect of the private siding.

(2)An application must be made in the manner and form approved by the Safety Director and must contain—

(a)details about the scale and complexity of the private siding; and

(b)details about the extent of the railway track layout and other rail infrastructure of the private siding; and

(c)details about the railway operations to be carried out in the private siding; and

(d)if the private siding is to be (or continue to be) connected with, or to have access to—

(i)a railway of an accredited rail transport operator—the prescribed details about the railway and the accredited rail transport operator; or

(ii)another private siding—the prescribed details about that siding and the rail infrastructure manager of that siding; and

(e)any other prescribed information.

(3)An application must be accompanied by the prescribed application fee.

(4)The Safety Director may require an applicant for registration—

(a)to supply further information requested by the Safety Director; and

(a)in the definition of approved code of practice, after "Safety" insert "(Local Operations)";

(b)in paragraph (d) of the definition of compliance and investigative purposes, after "Safety" insert "(Local Operations)";

(c)for the definition of contractor substitute—

"contractor, in relation to an accredited rail transport operator, means a person engaged directly or indirectly by the operator to supply railway operations to that operator, and includes a sub-contractor;";

(d)in the definition of major incident, after "Safety" insert "(Local Operations)";

(e)in the definition of officer, after "Safety" insert "(Local Operations)";

(f)in the definition of person, after "Safety" insert "(Local Operations)";

(g)in the definition of rail infrastructure, after "Safety" insert "(Local Operations)";

(h)in the definition of railway, after "Safety" insert "(Local Operations)";

(i)the definition of rail operations is repealed;

(j)insert the following definition—

"railway operations has the same meaning as in the Rail Safety (Local Operations) Act 2006;";

(k)in the definition of rail safety worker, after "Safety" insert "(Local Operations)";

(l)in the definition of railway premises, after "Safety" insert "(Local Operations)";

(m)in paragraph (a), (b) and (c) of the definition of relevant person, for "rail operator" (wherever occurring) substitute "rail transport operator";

(n)in the definition of rolling stock, after "Safety" insert "(Local Operations)";

(o)in paragraph (b) of  the definition of transport safety infringement law, for "rail operator—a provision of the Rail Safety Act" substitute "rail transport operator—a provision of the Rail Safety (Local Operations) Act";

(p)in the definition of volunteer, after "Safety" insert "(Local Operations)".

110Identity cards

In section 228U(3) of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" insert "(Local Operations)".

111General public transport related inspection, inquiry and search powers

In section 228ZB(1)(f) of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

112Direction to provide certain information

In section 228ZM(1)(a) of the Transport (Compliance and Miscellaneous) Act 1983, for "rail operator" substitute "rail transport operator".

113Magistrates' Court may extend period

In section 228ZW(2)(c)(ii) of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" insert "(Local Operations)".

114Use or seizure of electronic equipment

In section 228ZZA(1)(c) of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

115Improvement notices

In section 228ZZC(1)(c) of the Transport(Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

116Definitions

In section 228ZZSA of the Transport (Compliance and Miscellaneous) Act 1983, in paragraph (b) of the definition of relevant safety law, for "rail operator—a provision of the RailSafety Act" substitute "rail transport operator—a provision of the Rail Safety (Local Operations) Act".

117Safety Director may accept undertaking

In section 228ZZSB(1) and (3) of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

118Varying or withdrawing undertaking

In section 228ZZSC of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

119Review of refusal to vary or withdraw undertaking

In section 228ZZSD(1) and (2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" insert "transport".

120Enforcement of undertaking

In section 228ZZSE of the Transport (Compliance and Miscellaneous) Act 1983, after "accredited rail" (wherever occurring) insert "transport".

121Evidentiary certificates—relevant transport safety laws

(1)In section 230A(1)(p) of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" insert "(Local Operations)".

(2)In section 230A(2) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of exemption—

(a)for paragraph (a) substitute—

"(a)section 46B or Division 5A of Part 5 of the Rail Safety (Local Operations) Act 2006; or";

(b)in paragraph (b), after "Safety" insert "(Local Operations)".

122Offences by bodies corporate, officers of bodies corporate, partnerships etc.

In section 230J of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" (wherever occurring) insert "(Local Operations)".

123Service of documents on natural persons

In section 250 of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" insert "(Local Operations)".

124Service of documents on corporations

In section 251 of the Transport (Compliance and Miscellaneous) Act 1983, after "Safety" insert "(Local Operations)".

__________________

PART 4—AMENDMENTS TO THE BUS SAFETY ACT 2009

125Offences relating to operation of bus service required to be registered

For section 22A(1) of the Bus Safety Act 2009 substitute—

"(1)An operator of a bus service to which this section applies must not operate the bus service unless the operator—

(a)is registered; or

(b)holds an exemption granted under Division 7A; or

(c)is exempted by the regulations from the requirement to be registered under this Part.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

126New section 24 substituted

For section 24 of the Bus Safety Act 2009 substitute—

24Offence for operator to operate commercial bus service or local bus service unless accredited"

An operator of a commercial bus service or a local bus service must not operate the commercial bus service or local bus service unless the operator—

(a)is accredited under this Part in respect of those operations; or

(b)holds an exemption granted under Division 7A; or

(c)is exempted by the regulations from the requirement to be accredited under this Part.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

127New Division 7A of Part 4 inserted

After Division 7 of Part 4 of the Bus Safety Act 2009 insert—

Division 7A—Exemptions granted by the Safety Director"

52ADefinition

In this Division, designated provision means any or all of the following—

(a)Divisions 1 and 2;

(b)regulations made for the purposes of Division 1 and 2.

52BAccreditation exemption for operators

(1)An operator of a bus service may apply to the Safety Director for an exemption from a designated provision in respect of a specified bus service carried out, or proposed to be carried out, by or on behalf of the operator.

(2)An application must be made in the manner and form approved by the Safety Director and—

(a)must specify the scope and nature of the bus service in respect of which an exemption is sought; and

(b)must contain any prescribed information; and

(c)must be accompanied by the prescribed application fee (if any).

(3)The Safety Director may require an operator who has applied for an exemption—

(a)to supply further information requested by the Safety Director; and

(b)to verify by statutory declaration any information supplied to the Safety Director.

52CWhat applicant must demonstrate

The Safety Director must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—

(a)that the applicant is, or is to be, an operator in relation to the bus service in respect of which the exemption is sought; and

(b)that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.

52DDetermination of application

(1)Subject to this section, the Safety Director must, within the relevant period—

(a)if the Safety Director is satisfied as to the matters referred to in section 52C—notify the applicant that an exemption from a designated provision has been granted, with or without conditions or restrictions; or

(b)if the Safety Director is not satisfied as to the matters referred to in section 52C—notify the applicant that the application has been refused.

(2)An exemption under this Division is subject to—

(a)any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

(b)any other condition or restriction imposed on the exemption by the Safety Director.

(3)Notification under this section—

(a)must be in writing and given to the applicant; and

(b)if the exemption has been granted, must specify—

(i)the details of the applicant; and

(ii)the scope and nature of the bus service, and the manner in which it is to be carried out, in respect of which the exemption is granted; and

(iii)any condition or restriction imposed by the Safety Director under this section on the exemption; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 6; and

(d)if the application has been refused must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 6; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(4)In this section, relevant period, in relation to an application, means—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—

whichever is the longer.

52EApplication for variation of an exemption

(1)An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of the exemption.

(2)An operator of a bus service who has been granted an exemption under this Division must apply to the Safety Director for a variation of the exemption if—

(a)the operator proposes to vary the scope and nature of the bus service in respect of which the exemption has been granted; or

(b)any other variation is proposed in respect of the bus service in respect of which the exemption has been granted that should be reflected in the exemption.

(3)An application for variation must be made in the manner and form approved by the Safety Director and—

(a)must specify the details of the variation being sought; and

(b)must contain any prescribed information; and

(c)must be accompanied by the prescribed application fee (if any).

(4)The Safety Director may require an applicant for a variation—

(a)to supply further information requested by the Safety Director; and

(b)to verify by statutory declaration any information supplied to the Safety Director.

52FDetermination of application for variation

(1)Subject to this section, the Safety Director must, within the relevant period—

(a)if the Safety Director is satisfied as to the matters referred to in section 52C (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

(b)if the Safety Director is not so satisfied—notify the applicant that the application has been refused.

(2)Notification under this section—

(a)must be in writing and given to the applicant; and

(b)if the exemption has been varied, must specify—

(i)the details of the applicant; and

(ii)the variation to the exemption so far as it applies to the scope and nature of the bus service, or the manner in which it is to be carried out; and

(iii)any conditions and restrictions imposed by the Safety Director on the exemption as varied; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption as varied, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 6; and

(d)if the application has been refused, must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 6; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(3)In this section, relevant period, in relation to an application, means—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director  and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period—

whichever is the longer.

52GPrescribed conditions and restrictions

An exemption granted to an operator of a bus service that is varied under this Division is subject to any conditions or restrictions prescribed by the regulations that are applicable to the exemption as varied.

52HVariation of conditions and restrictions

(1)An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of a condition or restriction imposed by the Safety Director to which the exemption is subject.

(2)An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption under section 52E.

(3)The Safety Director must consider the application and, if satisfied as to the matters referred to in sections 52C and 52D (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.

(4)Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 6.

52ISafety Director may make changes to conditions or restrictions

(1)The Safety Director may, subject to this section, at any time, vary or revoke a condition or restriction imposed by the Safety Director on an exemption granted to an operator of a bus service under this Division or impose a new condition or restriction.

(2)Before taking action under this section, the Safety Director must—

(a)give the operator written notice of the action that the Safety Director proposes to take; and

(b)allow the operator to make written representations about the intended action within 28 days (or any other period that the Safety Director and the operator agree on); and

(c)consider any representations made under paragraph (b) and not withdrawn.

(3)The Safety Director must, by written notice given to the operator, provide—

(a)details of any action taken under this section; and

(b)a statement of reasons for any action taken under this section; and

(c)information about the right of review under Part 6.

52JRevocation or suspension of an exemption

(1)This section applies to an operator of a bus service who has been granted an exemption under this Division if—

(a)the Safety Director considers that the operator—

(i)is no longer able to demonstrate to the satisfaction of the Safety Director the matters referred to in section 52C or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

(ii)is not operating the bus service to which the exemption relates, or has not done so for at least the preceding 12 months; or

(b)the operator contravenes this Act or the regulations.

(2)The Safety Director may—

(a)suspend the exemption for a period determined by the Safety Director; or

(b)revoke the exemption with immediate effect or with effect from a specified future date; or

(c)impose conditions or restrictions on the exemption; or

(d)vary conditions or restrictions to which the exemption is subject.

(3)Before making a decision under subsection (2), the Safety Director—

(a)must notify the operator in writing—

(i)that the Safety Director is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

(ii)that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Safety Director showing cause why the decision should not be made; and

(b)must consider any representations made under paragraph (a)(ii) and not withdrawn.

(4)If the Safety Director suspends or revokes the exemption, the Safety Director must include in the notice of suspension or revocation the reasons for the suspension or revocation and information about the right of review under Part 6.

(5)The Safety Director may withdraw a suspension of the exemption by written notice given to the operator.

52KPenalty for breach of condition or restriction

An operator of a bus service who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.

Penalty:In the case of a natural person, $20 000;

In the case of a body corporate, $100 000.".

128Review by VCAT

In section 58(1) of the Bus Safety Act 2009—

(a)in paragraph (g), for "service." substitute "service;";

(b)after paragraph (g) insert—

"(h)refuse to grant an exemption;

(i)grant an exemption subject to conditions or restrictions;

(j)extend the relevant period of an application for—

(i)an exemption;

(ii)a variation of an exemption;

(iii)a variation of conditions of or restrictions on an exemption;

(k)refuse to vary conditions of or restrictions on an exemption;

(l)vary the conditions of or restrictions on an exemption;

(m)revoke or suspend an exemption.".

__________________

PART 5—REPEAL OF AMENDING ACT

129Repeal of Amending Act

This Act is repealed on the first anniversary of the first day in which all of its provisions are in operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

ENDNOTES

Minister's second reading speech—

Legislative Assembly: 7 March 2013

Legislative Council: 21 March 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Rail Safety Act 2006 to facilitate the safe operation of railways in Victoria to which the Rail Safety National Law (Victoria) does not apply and to make amendments to that Act to align that Act with the Rail Safety National Law (Victoria) to ensure consistency in the regulation of all railway operations in Victoria, to amend the Bus Safety Act 2009 and for other purposes."