RAIL SAFETY ACT 1993 - As at 18 December 2002 - Act 50 of 1993
- As at 18 December 2002
- Act 50 of 1993
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Object of Act
- 4 What is a railway?
- 5 What is the infrastructure of a railway?
- 6 What is rolling stock?
- 7 Owners and operators of railways
- 8 Railways to which Act applies
- 9 Act binds Crown
- 10 Definitions
PART 2 - CREDENTIALS OF OWNERS, OPERATORS AND RAILWAY EMPLOYEES
Division 1 - Accreditation of owners and operators
- 11 Owners and operators to be accredited
- 12 Purpose of accreditation
- 13 Applicant to furnish information
- 14 Applicant to submit safety management plan
- 15 Applicant to provide railway performance details
- 16 Applicant to demonstrate capacity for safe construction, operation and maintenance of railway
- 17 Applicant to possess right to operate on railway
- 18 Applicant to submit pressure vessel certificates for rolling stock
- 19 Applicant to describe, and identify ownership of, infrastructure
- 20 Rolling stock to be identified
- 21 Applications by corporations
- 22 Grant of accreditation
- 23 Grant of interim accreditation
- 24 Style of accreditation
- 25 Exemption from accreditation
- 26 Exemption of owners of private sidings from accreditation
- 27 Sale or transfer of railway by accredited person
Division 2 - Certificates of competency
- 28 Certificates of competency
- 29 Purpose of certification
- 30 Criteria
- 31 Grant of certification
- 32 Authorised agent for purpose of grant of certification
- 33 Style of certification
Division 3 - Amendment, variation, suspension or cancellation of credentials
- 34 Amendment or variation of credentials
- 35 Amendment or variation of accreditation if certain alterations or extensions to railway are proposed
- 36 Suspension or cancellation of credentials
- 37 Suspension of credentials in emergency
Division 4 - Procedures before amendment, variation, suspension or cancellation of credentials
- 38 Circumstances in which compliance is required
- 39 Standards and criteria to be considered before action taken
- 40 Notice to be given of proposed action
- 41 Making of representations
- 42 Consideration of representations
- 43 Procedure after consideration of representations
Division 5 - Review of decisions
- 44 Application to Administrative Decisions Tribunal for review of decision of Director-General or authorised agent
Division 6 - Fees
- 45 Application and registration fees
- 46 Annual fees
- 47 Fixing of annual fees
- 48 Payment of annual fees
- 49 Differential, minimum and late payment fees
PART 3 - SAFETY COMPLIANCE INSPECTIONS, REPORTING OF OCCURRENCES, INQUIRIES AND OTHER SAFETY MEASURES
- 50 Safety compliance inspections
- 51 Directions to undertake remedial safety work
- 52 Directions to provide program of remedial safety work
- 53 Declarations as to amendment or variation of accreditation
- 54 Supply of information
- 55 Safety reports
- 56 Accredited persons to report notifiable occurrences to Director-General
- 57 Amendment of Schedule 1 (notifiable occurrences)
- 58 Inquiries into railway accidents and incidents affecting the safe construction, operation or maintenance of railways
- 59 Training of railway employees engaged in railway safety work
- 60 Health and fitness of railway employees
- 61 Railway employees--alcohol or other drugs
- 62 Installation of protective or safety devices
- 63 Closure of level-crossings
PART 4 - ENFORCEMENT
Division 1 - Power of entry
- 64 Power of entry
- 65 Inspections and investigations
- 66 Functions of authorised officers in relation to relevant documents
- 67 Notice of entry
- 68 Use of force
- 69 Care to be taken
- 70 Recovery of cost of entry and inspection
- 71 Compensation
- 72 Authority to enter land
- 73 Premises used for residential purposes
- 74 Protection from incrimination
- 75 Search warrants
Division 2 - Offences and proceedings
- 76 Offences involving credentials
- 77 Failure to maintain safety systems, devices or appliances
- 78 Tampering with railway equipment
- 79 Offences involving private sidings
- 79A Offence of failure to pay fares on railway
- 79B Offences relating to passengers or vehicles
- 80 Offenders to state name and address
- 81 Obstruction
- 82 Offences by directors or managers of corporations
- 83 Offences by corporations
- 84 Evidence of intention of corporation
- 85 Double jeopardy
- 86 Proceedings for offences
- 87 Authority to take proceedings
- 88 Penalty notices for certain offences
- 89 Recovery of amounts due
- 90 Records and evidence from records
PART 5 - GENERAL
Division 1 - Administration
- 91 Functions of Director-General
- 92 Use of staff of Authority
- 92A Consultants
- 93 Delegation by Minister and Director-General
- 94 Exclusion of personal liability
- 95 Exclusion of liability of the State
Division 2 - Miscellaneous
- 96 Savings of other Acts etc
97. (Repealed)
- 98 Applications generally
- 99 Service of documents
- 100 Regulations
101. (Repealed)
- 102 Savings and transitional provisions
- 103 Review of Act
