Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out the meaning of the expression use in rail transport .
Use in a rail vehicle in rail transport or light rail transport
(2) Use in a rail vehicle in rail transport or light rail transport is use in rail transport .
Use in a rail vehicle for various purposes
(3) Use in a rail vehicle, or in equipment in or on a rail vehicle, for any of the following purposes is use in rail transport :
(a) loading anything onto the rail vehicle, or enabling persons to board the rail vehicle, for the purpose of being transported by the vehicle;
(b) unloading anything from the rail vehicle, or enabling persons to alight from the rail vehicle, after being transported by the vehicle;
(c) repairing or maintaining rails;
(d) observing the condition of rails;
(e) reducing fire hazards on or adjacent to rails;
(f) rescuing or recovering derailed rail vehicles or carriages or other parts of rail vehicles;
(g) any purpose in connection with using the rail vehicle:
(i) in rail transport; or
(ii) for any of the purposes mentioned in the preceding paragraphs; or
(iii) as mentioned in subsection (4).
Use in a rail vehicle on certain journeys
(4) Use in a rail vehicle:
(a) on its forward journey for the purpose of using it in rail transport or using it for any of the purposes mentioned in paragraphs (3)(a) to (f); or
(b) on its return journey after any such use;
is use in rail transport .
Use in equipment for certain purposes
(5) Use in equipment in or on a rail vehicle for air‑conditioning, heating, lighting or for any purpose incidental to using the rail vehicle:
(a) in rail transport; or
(b) for any of the purposes mentioned in paragraphs (3)(a) to (f); or
(c) as mentioned in subsection (4);
is use in rail transport .
(6) To avoid doubt, the fact that a rail vehicle is not operating a scheduled service does not mean that the use of the rail vehicle does not constitute use in rail transport .