New South Wales Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 1993

- As at 18 December 2002
- Act 50 of 1993

TABLE OF PROVISIONS

           Long Title

   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
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           SCHEDULE 99 Dictionary