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RAIL SAFETY NATIONAL LAW (NSW)

- As at 8 December 2016
- Act 82a of 2012

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purpose, objects and guiding principles of Law
   4.      Interpretation
   5.      Interpretation generally
   6.      Declaration of substance to be drug
   7.      Railways to which this Law does not apply
   8.      Meaning of rail safety work
   9.      Single national entity
   10.     Extraterritorial operation of Law
   11.     Crown to be bound

   PART 2 - OFFICE OF THE NATIONAL RAIL SAFETY REGULATOR

           Division 1 - Establishment, functions, objectives, etc

   12.     Establishment
   13.     Functions and objectives
   14.     Independence of ONRSR
   15.     Powers

           Division 2 - Office of the National Rail Safety Regulator

              Subdivision 1 - Constitution of ONRSR

   16.     Constitution of ONRSR

              Subdivision 2 - National Rail Safety Regulator

   17.     Appointment of Regulator
   18.     Acting National Rail Safety Regulator
   19.     Functions of Regulator
   20.     Power of Regulator to obtain information

              Subdivision 3 - Non-executive members

   21.     Appointment of non-executive members

              Subdivision 4 - Miscellaneous provisions relating to membership

   22.     Vacancy in or removal from office
   23.     Member to give responsible Ministers notice of certain events
   24.     Extension of term of office during vacancy in membership
   25.     Members to act in public interest
   26.     Disclosure of conflict of interest

           Division 3 - Procedures

   27.     Times and places of meetings
   28.     Conduct of meetings
   29.     Defects in appointment of members
   30.     Decisions without meetings
   31.     Common seal and execution of documents

           Division 4 - Finance

   32.     Establishment of Fund
   33.     Payments into Fund
   34.     Payments out of Fund
   35.     Investment of money in Fund
   36.     Financial management duties of ONRSR

           Division 5 - Staff

   37.     Chief executive
   38.     Staff
   39.     Secondments to ONRSR
   40.     Consultants and contractors

           Division 6 - Miscellaneous

   41.     Regulator may be directed to investigate rail safety matter
   42.     National Rail Safety Register
   43.     Annual report
   44.     Other reporting requirements
   45.     Delegation

   PART 3 - REGULATION OF RAIL SAFETY

           Division 1 - Interpretation

   46.     Management of risks
   47.     Meaning of reasonably practicable

           Division 2 - Occupational health and safety and railway operations

   48.     Relationship between this Law and OHS legislation
   49.     No double jeopardy

           Division 3 - Rail safety duties

              Subdivision 1 - Principles

   50.     Principles of shared responsibility, accountability, integrated risk management, etc
   51.     Principles applying to rail safety duties

              Subdivision 2 - Duties

   52.     Duties of rail transport operators
   53.     Duties of designers, manufacturers, suppliers etc
   54.     Duties of persons loading or unloading freight
   55.     Duty of officers to exercise due diligence
   56.     Duties of rail safety workers

              Subdivision 3 - Offences and penalties

   57.     Meaning of safety duty
   58.     Failure to comply with safety duty-reckless conduct-Category 1
   59.     Failure to comply with safety duty-Category 2
   60.     Failure to comply with safety duty-Category 3

           Division 4 - Accreditation

              Subdivision 1 - Purpose and requirement for accreditation

   61.     Purpose of accreditation
   62.     Accreditation required for railway operations
   63.     Purposes for which accreditation may be granted

              Subdivision 2 - Procedures for granting accreditation

   64.     Application for accreditation
   65.     What applicant must demonstrate
   66.     Regulator may direct applicants to coordinate applications
   67.     Determination of application

              Subdivision 3 - Variation of accreditation

   68.     Application for variation of accreditation
   69.     Determination of application for variation
   70.     Prescribed conditions and restrictions
   71.     Variation of conditions and restrictions
   72.     Regulator may make changes to conditions or restrictions

              Subdivision 4 - Cancellation, suspension or surrender of accreditation

   73.     Cancellation or suspension of accreditation
   74.     Immediate suspension of accreditation
   75.     Surrender of accreditation

              Subdivision 5 - Miscellaneous

   76.     Annual fees
   77.     Waiver of fees
   78.     Penalty for breach of condition or restriction
   79.     Accreditation cannot be transferred or assigned
   80.     Sale or transfer of railway operations by accredited person
   81.     Keeping and making available records for public inspection

           Division 5 - Registration of rail infrastructure managers of private sidings

              Subdivision 1 - Exemptions relating to certain private sidings

   82.     Exemption from accreditation in respect of certain private sidings
   83.     Requirement for managers of certain private sidings to be registered

              Subdivision 2 - Procedures for granting registration

   84.     Application for registration
   85.     What applicant must demonstrate
   86.     Determination of application

              Subdivision 3 - Variation of registration

   87.     Application for variation of registration
   88.     Determination of application for variation
   89.     Prescribed conditions and restrictions
   90.     Variation of conditions and restrictions
   91.     Regulator may make changes to conditions or restrictions

              Subdivision 4 - Cancellation, suspension or surrender of registration

   92.     Cancellation or suspension of registration
   93.     Immediate suspension of registration
   94.     Surrender of registration

              Subdivision 5 - Miscellaneous

   95.     Annual fees
   96.     Waiver of fees
   96A.    Annual activity statements
   97.     Registration cannot be transferred or assigned
   98.     Offences relating to registration

           Division 6 - Safety management

              Subdivision 1 - Safety management systems

   99.     Safety management system
   100.    Conduct of assessments for identified risks
   101.    Compliance with safety management system
   102.    Review of safety management system
   103.    Safety performance reports
   104.    Regulator may direct amendment of safety management system

              Subdivision 2 - Interface agreements

   105.    Requirements for and scope of interface agreements
   106.    Interface coordination-rail transport operators
   107.    Interface coordination-rail infrastructure and public roads
   108.    Interface coordination-rail infrastructure and private roads
   109.    Identification and assessment of risks
   110.    Regulator may give directions
   111.    Register of interface agreements

              Subdivision 3 - Other safety plans and programs

   112.    Security management plan
   113.    Emergency management plan
   114.    Health and fitness management program
   115.    Drug and alcohol management program
   116.    Fatigue risk management program

              Subdivision 4 - Provisions relating to rail safety workers

   117.    Assessment of competence
   118.    Identification of rail safety workers

              Subdivision 5 - Other persons to comply with safety management system

   119.    Other persons to comply with safety management system

           Division 7 - Information about rail safety etc

   120.    Power of Regulator to obtain information from rail transport operators

           Division 8 - Investigating and reporting by rail transport operators

   121.    Notification of certain occurrences
   122.    Investigation of notifiable occurrences

           Division 9 - Drug and alcohol testing by Regulator

   123.    Testing for presence of drugs or alcohol
   124.    Appointment of authorised persons
   125.    Identity cards
   126.    Authorised person may require preliminary breath test or breath analysis
   127.    Authorised person may require drug screening test, urine screening test, oral fluid analysis and blood test
   128.    Offence relating to prescribed concentration of alcohol or prescribed drug
   129.    Oral fluid or blood sample or urine sample or results of analysis etc not to be used for other purposes
   129A.   Additional NSW matters related to drug and alcohol testing and related offences

           Division 10 - Train safety recordings

   130.    Interpretation
   131.    Disclosure of train safety recordings
   132.    Admissibility of evidence of train safety recordings in civil proceedings

           Division 11 - Audit of railway operations by Regulator

   133.    Audit of railway operations by Regulator

   PART 4 - SECURING COMPLIANCE

           Division 1 - Guiding principle

   134.    Guiding principle

           Division 2 - Rail safety officers

   135.    Appointment
   136.    Identity cards
   137.    Accountability of rail safety officers
   138.    Suspension and ending of appointment of rail safety officers

           Division 3 - Regulator has functions and powers of rail safety officers

   139.    Regulator has functions and powers of rail safety officers

           Division 4 - Functions and powers of rail safety officers

   140.    Functions and powers
   141.    Conditions on rail safety officers’ powers
   142.    Rail safety officers subject to Regulator’s directions

           Division 5 - Powers relating to entry

              Subdivision 1 - General powers of entry

   143.    Powers of entry
   144.    Notification of entry
   145.    General powers on entry
   146.    Persons assisting rail safety officers
   147.    Use of electronic equipment
   148.    Use of equipment to examine or process things
   149.    Securing a site or rolling stock

              Subdivision 2 - Search warrants

   150.    Search warrants
   151.    Announcement before entry on warrant
   152.    Copy of warrant to be given to person with control or management of place

              Subdivision 3 - Limitation on entry powers

   153.    Places used for residential purposes

              Subdivision 4 - Specific powers on entry

   154.    Power to require production of documents and answers to questions
   155.    Abrogation of privilege against self-incrimination
   156.    Warning to be given
   157.    Power to copy and retain documents

              Subdivision 5 - Powers to support seizure

   158.    Power to seize evidence etc
   159.    Directions relating to seizure
   160.    Rail safety officer may direct a thing’s return
   161.    Receipt for seized things
   162.    Forfeiture of seized things
   163.    Return of seized things
   164.    Access to seized thing

           Division 6 - Damage and compensation

   165.    Damage etc to be minimised
   166.    Rail safety officer to give notice of damage
   167.    Compensation

           Division 7 - Other matters

   168.    Power to require name and address
   168A.   Power to direct production of documents
   169.    Rail safety officer may take affidavits
   170.    Attendance of rail safety officer at inquiries
   171.    Directions may be given under more than 1 provision

           Division 8 - Offences in relation to rail safety officers

   172.    Offence to hinder or obstruct rail safety officer
   173.    Offence to impersonate rail safety officer
   174.    Offence to assault, threaten or intimidate rail safety officer

   PART 5 - ENFORCEMENT MEASURES

           Division 1 - Improvement notices

   175.    Issue of improvement notices
   176.    Contents of improvement notices
   177.    Compliance with improvement notice
   178.    Extension of time for compliance with improvement notices

           Division 2 - Prohibition notices

   179.    Issue of prohibition notice
   180.    Contents of prohibition notice
   181.    Compliance with prohibition notice

           Division 3 - Non-disturbance notices

   182.    Issue of non-disturbance notice
   183.    Contents of non-disturbance notice
   184.    Compliance with non-disturbance notice
   185.    Issue of subsequent notices

           Division 4 - General requirements applying to notices

   186.    Application of Division
   187.    Notice to be in writing
   188.    Directions in notices
   189.    Recommendations in notice
   190.    Variation or cancellation of notice by rail safety officer
   191.    Formal irregularities or defects in notice
   192.    Serving notices

           Division 5 - Remedial action

   193.    When Regulator may carry out action
   194.    Power of Regulator to take other remedial action
   195.    Costs of remedial or other action

           Division 6 - Injunctions

   196.    Application of Division
   197.    Injunctions for non-compliance with notices

           Division 7 - Miscellaneous

   198.    Response to certain reports
   199.    Power to require works to stop
   200.    Temporary closing of railway crossings, bridges etc
   201.    Use of force
   202.    Power to use force against persons to be exercised only by police officers

   PART 6 - EXEMPTIONS

           Division 1 - Ministerial exemptions

   203.    Ministerial exemptions

           Division 2 - Exemptions granted by Regulator

              Subdivision 1 - Interpretation

   204.    Interpretation

              Subdivision 2 - Procedures for conferring exemptions

   205.    Application for exemption
   206.    What applicant must demonstrate
   207.    Determination of application

              Subdivision 3 - Variation of an exemption

   208.    Application for variation of an exemption
   209.    Determination of application for variation
   210.    Prescribed conditions and restrictions
   211.    Variation of conditions and restrictions
   212.    Regulator may make changes to conditions or restrictions

              Subdivision 4 - Cancellation or suspension of an exemption

   213.    Cancellation or suspension of an exemption

              Subdivision 5 - Penalty for breach of condition or restriction

   214.    Penalty for breach of condition or restriction

              Subdivision 6 - Waiver of fees

   214A.   Waiver of fees

   PART 7 - REVIEW OF DECISIONS

   215.    Reviewable decisions
   216.    Review by Regulator
   217.    Appeals

   PART 8 - GENERAL LIABILITY AND EVIDENTIARY PROVISIONS

           Division 1 - Legal proceedings

              Subdivision 1 - General matters

   218.    Period within which proceedings for offences may be commenced
   218A.   Proceedings for offences
   219.    Multiple contraventions of rail safety duty provision
   220.    Authority to take proceedings

              Subdivision 2 - Imputing conduct to bodies corporate

   221.    Imputing conduct to bodies corporate

              Subdivision 3 - Records and evidence

   222.    Records and evidence from records
   223.    Certificate evidence
   224.    Proof of appointments and signatures unnecessary

           Division 2 - Discrimination against employees

   225.    Dismissal or other victimisation of employee

           Division 3 - Offences

   226.    Offence to give false or misleading information
   227.    Not to interfere with train, tram etc
   228.    Applying brake or emergency device
   229.    Stopping a train or tram

           Division 4 - Court-based sanctions

   230.    Commercial benefits order
   231.    Supervisory intervention order
   232.    Exclusion orders

   PART 9 - INFRINGEMENT NOTICES

   233.    Meaning of infringement penalty provision
   234.    Power to serve notice
   235.    Form of notice
   236.    Regulator cannot institute proceedings while infringement notice on foot
   237.    Late payment of penalty
   238.    Withdrawal of notice
   239.    Refund of infringement penalty
   240.    Payment expiates breach of infringement penalty provision
   241.    Payment not to have certain consequences
   242.    Conduct in breach of more than 1 infringement penalty provision

   PART 10 - GENERAL

           Division 1 - Delegation by Minister

   243.    Delegation by Minister

           Division 2 - Confidentiality of information

   244.    Confidentiality of information

           Division 3 - Law does not affect legal professional privilege

   245.    Law does not affect legal professional privilege

           Division 4 - Civil liability

   246.    Civil liability not affected by Part 3 Division 3 or Division 6
   247.    Protection from personal liability for persons exercising functions
   248.    Immunity for reporting unfit rail safety worker

           Division 5 - Codes of practice

   249.    Approved codes of practice
   250.    Use of codes of practice in proceedings

           Division 6 - Enforceable voluntary undertakings

   251.    Enforceable voluntary undertaking
   252.    Notice of decisions and reasons for decision
   253.    When a rail safety undertaking is enforceable
   254.    Compliance with rail safety undertaking
   255.    Contravention of rail safety undertaking
   256.    Withdrawal or variation of rail safety undertaking
   257.    Proceedings for alleged contravention

           Division 7 - Other matters

   258.    Service of documents
   259.    Recovery of certain costs
   260.    Recovery of amounts due
   260A.   Payment of portion of fines to ONRSR
   261.    Compliance with conditions of accreditation or registration
   262.    Contracting out prohibited

           Division 8 - Application of certain South Australian Acts to this Law

   263.    Application of certain South Australian Acts to this Law

           Division 9 - National regulations

   264.    National regulations
   265.    Publication of national regulations
           SCHEDULE 1
           SCHEDULE 2


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