New South Wales Consolidated Acts

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RAIL SAFETY NATIONAL LAW (NSW) - SCHEDULE 1

SCHEDULE 1 – National regulations

1

Accreditations under this Law, including-

(a) requirements, standards, qualifications or conditions that must be satisfied; and
(b) requirements as to the terms, conditions, restrictions or particulars applying under or with respect to them; and
(c) other matters relating to their granting, refusal, variation, suspension, cancellation or surrender.

2

Registrations under this Law, including-

(a) requirements, standards, qualifications or conditions that must be satisfied; and
(b) requirements as to the terms, conditions, restrictions or particulars applying under or with respect to them; and
(c) other matters relating to their granting, refusal, variation, suspension, cancellation or surrender.

3

A scheme for certificates of competency (or provisional certificates of competency) for persons employed or engaged in rail safety work, and for the duration, variation, suspension or cancellation of those certificates.

4

The prohibition of the carrying on of rail safety work or other prescribed activity except by or under the supervision of a person-

(a) who holds an appropriate certificate of competency; or
(b) who has prescribed qualifications, training or experience.

5

Safety standards or other requirements that must be complied with-

(a) in connection with the construction, maintenance or operation of a railway; or
(b) in connection with the performance of any work or activity; or
(c) in relation to any rail infrastructure, rolling stock, trains, system, devices, appliance or equipment; or
(d) in relation to sidings.

6

Procedures (including consultation) for the making, adoption and amendment of rules and procedures relating to rail network operations made or adopted for the purposes of Part 3 Division 3 by the rail infrastructure manager responsible for the management of that part of the rail network.

7

The safeguarding, siting, installing, testing, altering, maintaining or removal of any rail infrastructure, rolling stock, system, device, appliance or equipment.

8

The records and documents to be kept by any person, the manner of keeping those records and documents, and their inspection.

9

The providing of returns and other information, verified as prescribed.

10

The registration of plans and other documents required under this Law.

11

The recording, investigation and reporting of accidents and incidents.

12

The health, fitness and functions of rail safety workers.

13

Drug and alcohol management of rail safety workers, including-

(a) the allowed concentration of alcohol; and
(b) procedures for drug and alcohol testing, including compulsory testing; and
(c) providing for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and
(d) regulating the collection of biological samples from rail safety workers for the purposes of drug and alcohol testing; and
(e) providing for the analysis of test results, including the accreditation of persons conducting the analysis; and
(f) providing for the approval of devices used in carrying out drug and alcohol testing and analysis; and
(g) providing for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and
(h) prescribing the circumstances that amount to a defence to a breach of the regulations, including where the consumption of alcohol or drugs occurs after rail safety work has been carried out; and
(i) providing for the confidentiality of test results; and
(j) regulating the destruction of biological samples collected for testing; and
(k) providing for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with the regulations.

14

Fatigue management of rail safety workers, including work hours and rest periods.

15

The regulation of the conduct of passengers and other persons on railways, or on land or premises associated with a railway.

16

Trespass on, or entry to, railways, or on land, premises, infrastructure or rolling stock associated with a railway.

17

The regulation or prohibition of the carriage of goods, freight or animals on railways.

18

The unauthorised use of railways or rolling stock.

19

The display of signs and notices.

20

The opening and closing of railway gates.

21

The regulation of vehicles, animals and pedestrians crossing railways.

22

The regulation of crossings.

23

The loading, unloading or transportation of freight.

24

The identification of rolling stock, rail infrastructure, devices, appliances, equipment or freight.

25

Causing damage to, or interfering with or removing, rolling stock, rail infrastructure, devices, appliances, equipment or freight.

26

Procedures associated with inspections, examinations or tests under this Law.

27

The form and service of notices and other documents under this Law.

28

Empowering the Regulator to prohibit a person from acting (or from continuing to act) as a rail safety worker for a specified period, or until further order of the Regulator.

29

Fixing fees and charges for the purposes of this Law or in respect of any matter arising under this Law, including a fee that the Regulator may recover from an accredited person as a debt if the accredited person fails to comply with a requirement of this Law within a specified time.

30

Generally, evidence in proceedings for an offence against the regulations.

31

Infringement penalty provisions, including requirements for infringement notices and the fixing of infringement penalties, not exceeding $1 500, for contravention of an alleged offence against this Law or the regulations.

32

The imposition of penalties, not exceeding $10 000 for a contravention of, or failure to comply with, a regulation.



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