RAIL SAFETY NATIONAL LAW (NSW) - SECT 4
Interpretation
RAIL SAFETY NATIONAL LAW (NSW) - SECT 4
Interpretation
4 Interpretation
(1) In this Law, unless the contrary intention appears--
"accredited person" means a rail transport operator who is accredited under
this Law, but does not include a person whose accreditation under this Law--
(a) has been surrendered or cancelled or has otherwise ceased to have effect
under this Law; or
(b) is suspended under this Law;
"Acting Regulator" means an Acting National Rail Safety Regulator appointed
under Part 2 Division 2;
"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 function 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;
"application Act" means the Act of a jurisdiction that applies the Rail Safety
National Law set out in the Schedule to the Rail Safety National Law (South
Australia) Act 2012 of South Australia as a law of the jurisdiction;
"approved code of practice" means a code of practice approved under
section 249;
"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);
"Australian Accounting Standards" means Accounting Standards issued by the
Australian Accounting Standards Board;
"Australian rail safety law" means this Law or a corresponding previous
enactment in a participating jurisdiction corresponding, or substantially
corresponding, to this Law;
"commercial benefits order" means an order under section 230;
"designated provision" of this Law--see section 204;
"drug" means--
(a) a substance declared by the national regulations to be a
drug for the purposes of this Law; and
(b) a substance declared under
section 6 to be a drug for the purposes of this Law; and
(c) any other
substance (other than alcohol) that, when consumed or used by a person,
deprives that person (temporarily or permanently) of any of his or her normal
mental or physical faculties;
"emergency services" means--
(a) the NSW Police Force; or
(b) Fire and Rescue
NSW; or
(b1) the Ambulance Service of NSW; or
(c) any other person or body
prescribed by the regulations under the application Act for the purposes of
this definition;
Note--: This definition is an additional New South Wales
provision.
"employee" means a person employed under a contract of employment or contract
of training;
"employer" means a person who employs 1 or more other persons under contracts
of employment or contracts of training;
"exercise" , for a function, includes perform;
"footpath" means an area open to the public that is designated for, or 1 of
its main uses is, use by pedestrians;
"Fund" means the National Rail Safety Regulator Fund established under Part 2
Division 4;
"Gazette" means the New South Wales Government Gazette;
Note--: This
definition is an additional New South Wales provision.
"Health Practitioner Regulation National Law" means--
(a) the Health
Practitioner Regulation National Law--
(i) as in force from time to time, set
out in the Schedule to the Health Practitioner Regulation National Law Act
2009 of Queensland; and
(ii) as it applies as a law of New South Wales or
another State or a Territory; or
(b) the law of another State or a Territory
that substantially corresponds to the law referred to in paragraph (a);
Note--: This definition is an additional New South Wales provision.
"improvement notice" means a notice under Part 5 Division 1;
"infringement penalty provision" has the meaning given by section 233;
"interface agreement" means an agreement made under Part 3 Division 6
Subdivision 2 about managing risks to safety identified and assessed in
accordance with that Subdivision;
"jurisdiction" means a State or Territory;
"level crossing" includes each of the following areas--
(a) an area where a
road and a railway (other than a tramway) meet at substantially the same
level, whether or not there is a level crossing sign on the road at all or any
of the entrances to the area;
(b) an area where a road and a tramway meet at
substantially the same level and that has a level crossing sign on the road at
each entrance to the area;
(c) a pedestrian crossing--
(i) being an area
where a footpath or shared path crosses a railway (other than a tramway) at
substantially the same level, whether or not there is a level crossing sign on
the path at all or any of the entrances to the area; or
(ii) being an area
where a footpath or shared path crosses a tramway at substantially the same
level and that has a level crossing sign on the path at each entrance to the
area;
"magistrate" means a person appointed or taken to be appointed under the
Local Court Act 2007 as a Magistrate of the Local Court;
Note--: This
definition is an additional New South Wales provision.
"member" , of ONRSR, means the Regulator, an Acting Regulator or a
non-executive member appointed under Part 2 Division 2;
"national regulations" means the regulations made under section 264;
"non-disturbance notice" means a notice under Part 5 Division 3;
"notifiable occurrence" means an accident or incident associated with railway
operations--
(a) that has, or could have, caused--
(i) significant property
damage; or
(ii) serious injury; or
(iii) death; or
(b) that is, or is of a
class that is, prescribed by the national regulations to be a notifiable
occurrence or class of notifiable occurrence,
but does not include an accident
or incident, or class of accident or incident, that is prescribed by the
national regulations not to be a notifiable occurrence;
"occupational health and safety legislation" means legislation relating to
occupational health and safety prescribed by the national regulations for the
purposes of this definition;
"Office of the National Rail Safety Regulator" or
"ONRSR" means the Office of the National Rail Safety Regulator established
under Part 2 Division 1;
"officer" --
(a) in relation to a body corporate, has the same meaning as
officer has in relation to a corporation under section 9 of the
Corporations Act 2001 of the Commonwealth;
(b) in relation to any other
person, means an individual who makes, or participates in making, decisions
that affect the whole, or a substantial part, of the business or undertaking
of the person;
"participating jurisdiction" means a jurisdiction in which--
(a) this Law
applies as a law of the jurisdiction; or
(b) a law that substantially
corresponds to the provisions of this Law has been enacted; or
(c) a law
prescribed by the national regulations for the purposes of this definition has
been enacted;
"police officer" means a member of the NSW Police Force who is a police
officer within the meaning of the Police Act 1990 ;
Note--: This definition
is an additional New South Wales provision.
"private siding" means a siding that is owned, controlled or managed by a
person, other than a person who manages the rail infrastructure with which the
siding connects or to which it has access, but does not include--
(a) a
marshalling yard; or
(b) a crossing loop; or
(c) a passenger terminal; or
(d) a freight terminal; or
(e) a siding under the control and management of
an accredited rail infrastructure manager; or
(f) a siding, or a siding of a
class, prescribed by the national regulations not to be a private siding;
"prohibition notice" means a notice under Part 5 Division 2;
"public place" means--
(a) a place that--
(i) the public is entitled to use;
or
(ii) is open to members of the public; or
(iii) is used by the public,
whether or not on payment of money; or
(b) a place that the occupier allows
members of the public to enter, whether or not on payment of money;
"public road" means a public road within the meaning of the Roads Act 1993
(other than a Crown road within the meaning of that Act);
Note--: This
definition is an additional New South Wales provision.
"public sector auditor" means--
(a) the Auditor-General (however described) of
a participating jurisdiction; or
(b) an auditor employed, appointed or
otherwise engaged, by an Auditor-General of a participating jurisdiction;
"rail infrastructure" means the facilities that are necessary to enable a
railway to operate safely 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,
but does
not include--
(g) rolling stock; or
(h) any facility, or facility of a class,
that is prescribed by the national regulations not to be rail infrastructure;
"rail infrastructure manager" , in relation to rail infrastructure of a
railway, means the person who has effective control and management of the rail
infrastructure, whether or not the person--
(a) owns the rail infrastructure;
or
(b) has a statutory or contractual right to use the rail infrastructure or
to control, or provide, access to it;
"rail or road crossing" includes each of the following--
(a) a level crossing;
(b) an area where a road and a tramway meet at substantially the same level,
where there is no level crossing sign on the road at all or any of the
entrances to the area;
(c) an area where a footpath or shared path crosses a
tramway at substantially the same level, where there is no level crossing sign
on the path at all or any of the entrances to the area;
(d) a bridge carrying
a road over a railway;
(e) a bridge carrying a railway over a road;
(f) a
lane of a road on which rolling stock moves alongside road vehicles on the
road;
"rail safety officer" means a person holding an appointment as a rail safety
officer under Part 4 Division 2;
"rail safety undertaking" --see Part 10 Division 6;
"rail safety worker" means an individual who has carried out, is carrying out,
or is about to carry out, rail safety work;
"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" means a guided system, or proposed guided system, designed for the
movement of rolling stock having the capability of transporting passengers or
freight (or both) on a railway track with a gauge of 600 millimetres or more,
together with its rail infrastructure and rolling stock, and includes the
following--
(a) a heavy railway;
(b) a light railway;
(c) a monorail;
(d)
an inclined railway;
(e) a tramway;
(f) a railway within a marshalling yard
or a passenger or freight terminal;
(g) a private siding;
(h) a guided
system, or guided system of a class, prescribed by the national regulations to
be a railway;
Note : See section 7 for railways to which this Law does not
apply.
"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 management, commissioning,
maintenance, repair, modification, installation, operation or decommissioning
of rail infrastructure;
(d) the 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;
"railway premises" means--
(a) land (including any premises on land) on or in
which is situated rail infrastructure; or
(b) land (including any premises on
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) freight centres or
depots used in connection with the carrying out of railway operations; or
(d)
workshops or maintenance depots used in connection with the carrying out of
railway operations; or
(e) premises (including an office, building or
housing) used in connection with the carrying out of railway operations; or
(f) rolling stock or other vehicles associated with railway operations; or
"Register" means the National Rail Safety Register established under
section 42;
"registered person" means a rail infrastructure manager who is registered
under this Law, but does not include a person whose registration under this
Law--
(a) has been surrendered or cancelled or has otherwise ceased to have
effect under this Law; or
(b) is suspended under this Law;
"Regulator" means the National Rail Safety Regulator or an Acting National
Rail Safety Regulator appointed under Part 2 Division 2;
Note--: This definition is
an additional New South Wales provision.
"road" has the same meaning as it has in the Roads Act 1993 ;
Note--: This
definition is an additional New South Wales provision.
"road infrastructure" includes--
(a) a road, including its surface or
pavement; and
(b) anything under or supporting a road or its surface or
pavement; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other
work or structure forming part of a road system or supporting a road; and
(d)
any bridge or other work or structure located above, in or on a road; and
(e)
any traffic control devices, electricity equipment, emergency telephone
systems or any other facilities (whether of the same or a different kind) in,
on, over, under or connected with anything referred to in paragraphs (a) to
(d); and
(f) anything prescribed by the national regulations to be road
infrastructure,
but does not include rail infrastructure or anything that is
prescribed by the national regulations not to be road infrastructure;
"road manager" --
(a) in relation to a private road--means the owner, or other
person responsible for the care, control and management, of the road; or
(b)
in relation to a public road--means an authority, person or body responsible
for the care, control or management of the road;
"road vehicle" means a vehicle that is built to be propelled by a motor that
forms part of the vehicle;
Note--: This definition is an additional New South
Wales provision.
"rolling stock" means a vehicle that operates on or uses a railway, and
includes a locomotive, carriage, rail car, rail motor, light rail vehicle,
train, tram, light inspection vehicle, self propelled infrastructure
maintenance vehicle, trolley, wagon or monorail vehicle, but does not include
a vehicle designed to operate both on and off a railway when the vehicle is
not operating on a railway;
"rolling stock operator" means a person who has effective control and
management of the operation or movement of rolling stock on rail
infrastructure for a railway, but does not include a person by reason only
that the person drives the rolling stock or controls the network or the
network signals;
"running line" means a railway track used primarily for the through movement
of trains;
"safety" means the safety of people, including rail safety workers,
passengers, other users of railways, users of rail or road crossings and the
general public;
"safety management system" --see Part 3 Division 6;
"shared path" has the same meaning as in the Road Rules 2014;
Note--: This
definition is an additional New South Wales provision.
"siding" means a portion of railway track, connected by points to a running
line or another siding, on which rolling stock can be placed clear of the
running line;
"South Australian Minister" means the responsible Minister for South
Australia;
"substance" means substance in any form (whether gaseous, liquid, solid or
other), and includes material, preparation, extract and admixture;
(b) an association of employees or independent contractors
(or both) that is registered or recognised as such an association (however
described) under a State or Territory industrial law.
(2) In this Law--
(a) a
reference to
"this Law" extends to a statutory instrument made under this Law, or a
provision of this Law or a statutory instrument made under this Law; and
(b)
a reference to the
"responsible Ministers" is a reference to a group of Ministers consisting of--
(i) the responsible Minister for each participating jurisdiction; and
(ii) a
Commonwealth Minister nominated by the Commonwealth as the responsible
Minister for the Commonwealth for the purposes of this Law (the
"Commonwealth Minister" ).
(3) The Commonwealth Minister has complete
discretion as to whether or not to exercise a function or power given to the
responsible Ministers under this Law and so, for the purposes of this Law, a
recommendation of the responsible Ministers that is required to be unanimous
will be taken to be unanimous if the Commonwealth Minister declines to
exercise the function or power and the responsible Minister for each
participating jurisdiction agrees with the recommendation.
(3A) In this Law,
a reference to a
"court" --
(a) in sections 197 and 255, is a reference to the District Court;
and
(b) in section 217, in relation to a decision set out in items 1-23, 30
and 32-39 of the table to section 215(1), is a reference to the Civil and
Administrative Tribunal; and
(c) in section 217, in relation to a decision
set out in items 24-29 and 31 of the table to section 215(1), is a reference
to the Industrial Relations Commission.
Note--: This subsection is an
additional New South Wales provision.
