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Queensland
TRANSPORT
INFRASTRUCTURE AND
ANOTHER ACT AMENDMENT
BILL 2003
Queensland
TRANSPORT INFRASTRUCTURE AND
ANOTHER ACT AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Objectives of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of ch 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 74 (Ways of achieving objectives) . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 75 (Scope of chapter). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Replacement of s 80 (Definition for pt 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 1--Introductory
80 Purposes of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
80A Part does not create civil cause of action . . . . . . . . . . . . . . . . . . . . . . 9
80B Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
80C Meaning of "approved safety management system" . . . . . . . . . . . . . 12
9 Amendment of s 81 (Accreditation of managers and operators). . . . . . . . . . 13
10 Amendment of s 82 (Applications for accreditation) . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 84 (Granting accreditation) . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 84A (Annual levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 85 (Accreditation conditions) . . . . . . . . . . . . . . . . . . . . . . 14
14 Replacement of s 86 (Requiring accreditation conditions to
be complied with) ........................................ 15
86 Regulation may prescribe a condition applying to an accreditation . 15
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86A Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Amendment of s 88 (Amending accreditation conditions on application) . . 16
16 Omission of ss 8993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Renumbering of s 93A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Insertion of new s 88A and ch 6, pt 4, divs 38 . . . . . . . . . . . . . . . . . . . . . . 17
88A Amendment of approved safety management system . . . . . . . . . . . . 17
Division 3--Obligations of accredited persons
88B Accredited person must comply with approved safety
management system ................................... 18
88C Accredited person to review approved safety management
system each year and related matters .................... 18
88D Approval of proposed safety management system . . . . . . . . . . . . . . 19
88E Financial capacity or insurance arrangements to meet potential
accident liabilities ................................. 20
88F Notice of cancellation etc. of agreement mentioned in s 84(3)(d). . . 21
Division 4--Disputes about or under agreements for access to rail
transport infrastructure that relate to rail safety
89 Chief executive may decide matters on request. . . . . . . . . . . . . . . . . 21
90 Notice of dispute under agreement for access . . . . . . . . . . . . . . . . . . 22
90A Helping in a dispute under agreement for access . . . . . . . . . . . . . . . 23
90B Notice of proposed safety direction . . . . . . . . . . . . . . . . . . . . . . . . . . 24
90C Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
90D Chief executive's actions after stated period . . . . . . . . . . . . . . . . . . . 24
Division 5--Safety directions by rail safety officers
91 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
91A Written direction by rail safety officer. . . . . . . . . . . . . . . . . . . . . . . . 25
91B Spoken direction because written direction is not possible or
reasonable ......................................... 26
91C Direction under s 91A(1) or 91B(4) must include reasons and be
accompanied by information notice. . . . . . . . . . . . . . . . . . . . . . . . . . 26
91D Safety directions and relationship with Workplace Heath and
Safety Act 1995 ...................................... 27
Division 6--Audit regime
92 Audit program for inspecting activities of accredited person . . . . . . 28
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92A When inspections may be carried out during a year . . . . . . . . . . . . . 28
92B Requirement to give information or document for inspection. . . . . . 28
92C Failure to give information or document for inspection . . . . . . . . . . 29
Division 7--Disciplinary action against accredited persons
93 Happening that may give rise to a belief that a ground for
disciplinary action exists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
93A Grounds for disciplinary action about the accreditation of an
accredited person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
93B Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
93C Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
93D Immediate suspension of an accreditation . . . . . . . . . . . . . . . . . . . . . 31
93E Action by chief executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
93F Decision by chief executive not to take action under s 93E . . . . . . . 33
Division 8--Information about safety issues
93G Chief executive may publish safety bulletin . . . . . . . . . . . . . . . . . . . 34
19 Omission of s 101 (Reporting serious incidents) . . . . . . . . . . . . . . . . . . . . . 34
20 Insertion of new ch 6, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 5A--RAIL SAFETY OFFICERS
Division 1--Definitions
100A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Rail safety officers including provisions about appointment
100B Rail safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
100C Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 36
100D Issue of identity card to each rail safety officer . . . . . . . . . . . . . . . . . 36
100E Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 37
100F When rail safety officer ceases to hold office . . . . . . . . . . . . . . . . . . 37
100G Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
100H Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Entry to places by rail safety officers
100I Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
100J Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
100K Procedure for other entries without warrant . . . . . . . . . . . . . . . . . . . 40
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100L Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
100M Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
100N Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
100O Warrants--procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 4--General powers of rail safety officers
100P General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . 43
100Q Procedure before entering or opening rolling stock or vehicle . . . . . 44
100R Power to require reasonable help or information. . . . . . . . . . . . . . . . 45
100S Power to stop rolling stock or vehicle that may be entered or opened 46
100T Other powers about rolling stock or vehicles that may be entered . . 47
Division 5--Seizure
101 Power to seize evidence if entry without consent or warrant. . . . . . . 48
101A Power to seize evidence if entry with consent or warrant . . . . . . . . . 48
101B Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
101C Offence to tamper with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . 49
101D Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
101E Rail safety officer may require thing's return . . . . . . . . . . . . . . . . . . 50
101F Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
101G Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
101H Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 6--Forfeiture
101I Forfeiture by rail safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
101J Forfeiture on conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
101K Dealing with forfeited sample or thing . . . . . . . . . . . . . . . . . . . . . . . 53
Division 7--Other powers
101L Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 53
101M Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
101N Power to require information about contravention . . . . . . . . . . . . . . 54
101O Failure to give information about contravention . . . . . . . . . . . . . . . . 54
101P Power to require production of documents . . . . . . . . . . . . . . . . . . . . 55
101Q Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 8--Offences relating to rail safety officers
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101R False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101S False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101T Obstruction of rail safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101U Impersonating a rail safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 9--Notice of damage and compensation
101V Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
101W Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21 Insertion of new s 101X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101X Reporting serious incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
22 Amendment of s 102 (Request for report or incident details). . . . . . . . . . . . 59
23 Amendment of s 103 (Investigations by authorised person) . . . . . . . . . . . . . 60
24 Amendment of s 104 (Power of authorised person to investigate incident) . 60
25 Amendment of s 109 (Compensation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
26 Amendment of s 113 (Chief executive to arrange for services of staff and
financial matters for board of inquiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
27 Amendment of s 114 (Authorised person may exercise powers for board's
inquiry) .................................................. 62
28 Amendment of s 144 (Interfering with railway) . . . . . . . . . . . . . . . . . . . . . . 62
29 Amendment of s 151 (Non-accredited railways). . . . . . . . . . . . . . . . . . . . . . 62
30 Insertion of new ss 152A152D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
152A Limitation of liability for chief executive and rail safety
authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
152B Helping in accidents or emergencies . . . . . . . . . . . . . . . . . . . . . . . . . 63
152C Delayed passenger services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
152D Priority for regularly scheduled passenger services in
allocating train paths .................................. 64
31 Amendment of s 180ZZZN (Application of ch 6, pt 6 and other provisions) 65
32 Amendment of s 192 (No need to prove appointments) . . . . . . . . . . . . . . . . 66
33 Amendment of s 193 (Prosecutions for railway offences) . . . . . . . . . . . . . . 66
34 Replacement of s 200A (Numbering and renumbering of Act) . . . . . . . . . . 66
200A Renumbering of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
35 Omission of ch 10, pt 1, pt 2 hdg and pt 2, div 2 hdg . . . . . . . . . . . . . . . . . . 67
36 Insertion of new ch 11, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Transport Infrastructure and Another Act Amendment
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PART 3--TRANSITIONAL PROVISIONS FOR THE TRANSPORT
INFRASTRUCTURE AND ANOTHER ACT AMENDMENT ACT 2003
268 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
269 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
270 Inclusion of s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
271 Approved safety management system for person who is accredited
at commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
272 Certificate of accreditation given before commencement . . . . . . . . . 69
273 Annual levy before commencement . . . . . . . . . . . . . . . . . . . . . . . . . 69
274 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
275 How to deal with application for amending accreditation
conditions made before commencement . . . . . . . . . . . . . . . . . . . . . . 70
276 Actions to amend accreditation conditions without application or to
suspend or cancel accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
277 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
37 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 72
38 Amendment of sch 2 (Reviews and appeals). . . . . . . . . . . . . . . . . . . . . . . . . 72
39 Insertion of new sch 2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SCHEDULE 2B
RENUMBERED CROSS REFERENCES
40 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 3--AMENDMENT OF TRANSPORT OPERATIONS
(PASSENGER TRANSPORT) ACT 1994
41 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
42 Amendment of s 115 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 80
43 Amendment of s 116 (Appointment of authorised persons for
railways or light rail) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
44 Amendment of s 117 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
2003
A BILL
FOR
An Act to amend the Transport Infrastructure Act 1994, and for other
purposes
s1 8 s5
Transport Infrastructure and Another Act Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Transport Infrastructure and Another Act
Amendment Act 2003. 1
2 Commencement
Clause 2
This Act commences on a day to be fixed by proclamation. 3
PART 2--AMENDMENT OF TRANSPORT 4
INFRASTRUCTURE ACT 1994 5
3 Act amended in pt 2
Clause 6
This part amends the Transport Infrastructure Act 1994. 7
4 Amendment of s 2 (Objectives of this Act)
Clause 8
(1) Section 2(2)(d)(ii) to (v)-- 9
renumber as section 2(2)(d)(iii) to (vi). 10
(2) Section 2(2)(d)-- 11
insert-- 12
`(ii) provides for adequate levels of safety; and'. 13
5 Amendment of ch 6 hdg
Clause 14
Chapter 6, heading, after `INFRASTRUCTURE'-- 15
s6 9 s8
Transport Infrastructure and Another Act Amendment
Bill 2003
insert-- 1
`AND OTHER MATTERS'. 2
6 Amendment of s 74 (Ways of achieving objectives)
Clause 3
Section 74(c)-- 4
omit, insert-- 5
`(c) providing for adequate levels of safety by having an accreditation 6
system for railway managers and railway operators.'. 7
7 Amendment of s 75 (Scope of chapter)
Clause 8
(1) Section 75(1)-- 9
omit, insert-- 10
`(1) This chapter applies to rail transport infrastructure and other rail 11
infrastructure.'. 12
(2) Section 75(2)(d)(ii), `, or freight, for reward'-- 13
omit, insert-- 14
`or freight'. 15
8 Replacement of s 80 (Definition for pt 4)
Clause 16
Section 80-- 17
omit, insert-- 18
`Division 1--Introductory 19
`80 Purposes of pt 4 20
`The purposes of this part include providing for an accreditation system 21
for railway managers and railway operators. 22
`80A Part does not create civil cause of action 23
`(1) This part does not-- 24
s8 10 s8
Transport Infrastructure and Another Act Amendment
Bill 2003
(a) create a civil cause of action based on a contravention of a 1
provision of this part; or 2
(b) affect or limit a civil right or remedy that exists apart from this 3
part, whether at common law or otherwise. 4
`(2) Without limiting subsection (1)(b), compliance with this part does 5
not necessarily show that a civil obligation that exists apart from this part 6
has been satisfied or has not been breached. 7
`(3) The inclusion of this section in this part does not affect the 8
interpretation of this Act other than this part. 9
`80B Definitions for pt 4 10
`In this part-- 11
"accepted representations"-- 12
(a) for a proposed safety direction--see section 90C(2); and 13
(b) for a show cause notice--see section 93C(2). 14
"approved safety management system" see section 80C. 15
"audit program" see section 92(1). 16
"certificate of accreditation" see section 84(7). 17
"disciplinary action", about an accreditation for a railway or light rail, 18
means 1 or more of the following-- 19
(a) cancelling the accreditation; 20
(b) suspending, for a stated period, the accreditation; 21
(c) varying the accreditation except if the variation is made because 22
of an application of the accredited person; 23
(d) directing an application to be made to amend an accredited 24
person's approved safety management system for a railway or the 25
operation of rolling stock on a railway. 26
"dispute matter" see section 90A(1)(b). 27
"employee", of an accredited person, means-- 28
(a) an employee of, or a contractor for, the accredited person; or 29
(b) an employee of a contractor mentioned in paragraph (a); or 30
s8 11 s8
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Bill 2003
(c) an individual who performs work for the accredited person 1
without payment, while the person is performing that work. 2
3
Example of paragraph (c)--
4
An individual does work as a volunteer for an organisation of which the person is
5
a member. The organisation is an accredited person. The volunteer is an
6
employee of the accredited person when the volunteer is performing work for the
7
accredited person.
"imposed condition" means a condition imposed on an accreditation by 8
the chief executive, whether the condition was imposed on the 9
accreditation at the time it was granted or at a later time. 10
"interim minor amendment"-- 11
(a) of an approved safety management system for a railway managed 12
by a railway manager, means an amendment of the approved 13
safety management system if the amendment-- 14
(i) has not been the subject of an application under 15
section 88A; and 16
(ii) does not or will not increase the frequency or consequences 17
of an existing hazard or risk, or allow a new hazard or risk to 18
arise, relating to the management of the railway; or 19
(b) of an approved safety management system for the operation of 20
rolling stock on a railway by a railway operator, means an 21
amendment of the approved safety management system if the 22
amendment-- 23
(i) has not been the subject of an application under 24
section 88A; and 25
(ii) does not or will not increase the frequency or consequences 26
of an existing hazard or risk, or allow a new hazard or risk to 27
arise, relating to the operation of rolling stock on the 28
railway. 29
"proposed action" see section 93B(2)(a). 30
"railway" includes a railway proposed to be constructed on future railway 31
land. 32
"regulation condition" see section 86(1). 33
"representation period" see section 90B(2)(c). 34
"safety direction" -- 35
s8 12 s8
Transport Infrastructure and Another Act Amendment
Bill 2003
(a) for a direction given by the chief executive--see section 90D(1); 1
or 2
(b) for a direction given by a rail safety officer--see section 91A(1) 3
or 91B(1). 4
"show cause notice" see section 93B(1). 5
"show cause period" see section 93B(2)(f). 6
"suspend", an accreditation, means any of the following, as stated in the 7
suspension, for a period stated in the suspension-- 8
(a) suspend the entire accreditation; 9
(b) suspend that part of the accreditation relating to a particular 10
railway managed by, or a particular operation of rolling stock by, 11
the accredited person; 12
(c) suspend that part of the accreditation relating to a particular part 13
of the railway managed by, or a particular part of the operation of 14
rolling stock by, the accredited person. 15
`80C Meaning of "approved safety management system" 16
`(1) As mentioned in section 84(2)(b) or (3)(b),1 when the chief 17
executive accredits a person under that section as a railway manager or 18
railway operator for a railway, the chief executive must be satisfied the 19
person has a safety management system that is appropriate. 20
`(2) For the first year of accreditation for a railway managed by a railway 21
manager, or for the operation of rolling stock on a railway by a railway 22
operator, the "approved safety management system" in relation to the 23
railway manager or railway operator is the safety management system for 24
the railway mentioned in subsection (1). 25
`(3) For the second year, or a later year, of accreditation for a railway 26
managed by a railway manager, or for the operation of rolling stock on a 27
railway by a railway operator, the "approved safety management 28
system" in relation to the railway manager or railway operator is-- 29
(a) if a proposed safety management system for the year is approved 30
under section 88D2--the system approved under that section; or 31
1 Section 84 (Granting accreditation)
2 Section 88D (Approval of proposed safety management system)
s9 13 s 11
Transport Infrastructure and Another Act Amendment
Bill 2003
(b) if a proposed safety management system is not approved under 1
section 88D for the year--the approved safety management 2
system that was in force for the last preceding year of 3
accreditation for which there was an approved safety 4
management system, whether that system was-- 5
(i) the system mentioned in subsection (1); or 6
(ii) a system approved under section 88D. 7
`(4) An approved safety management system in force under 8
subsection (2) or (3) is subject to an amendment of the system approved 9
under section 88A.3 10
`Division 2--Accreditation of railway managers and railway operators'. 11
9 Amendment of s 81 (Accreditation of managers and operators)
Clause 12
(1) Section 81(1), penalty-- 13
omit, insert-- 14
`Maximum penalty--500 penalty units.'. 15
(2) Section 81(2), penalty-- 16
omit, insert-- 17
`Maximum penalty--500 penalty units.'. 18
10 Amendment of s 82 (Applications for accreditation)
Clause 19
Section 82, after `apply'-- 20
insert-- 21
`, in the approved form,'. 22
11 Amendment of s 84 (Granting accreditation)
Clause 23
(1) Section 84(6)(c), after `a condition'-- 24
insert-- 25
3 Section 88A (Amendment of approved safety management system)
s 12 14 s 13
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`of the type mentioned in section 85'. 1
(2) Section 84(7) and (8)-- 2
renumber as section 84(8) and (9). 3
(3) Section 84-- 4
insert-- 5
`(7) Also, the chief executive must give to the applicant a certificate 6
about the accreditation (a "certificate of accreditation").'. 7
(4) Section 84(9), as renumbered, `or (7)'-- 8
omit, insert-- 9
`or (8)'. 10
12 Amendment of s 84A (Annual levy)
Clause 11
Section 84A(3) and (4)-- 12
omit, insert-- 13
`(3) The chief executive must give each accredited person a signed 14
notice stating-- 15
(a) the amount of the levy payable by the accredited person; and 16
(b) a reasonable date by which the levy is to be paid to the chief 17
executive. 18
`(4) An accredited person given a notice under subsection (3) must pay 19
the amount of the levy by the date stated in the notice. 20
`(5) If the accredited person does not pay the amount of the levy by the 21
date stated in the notice, the amount is a debt owed to the chief executive.'. 22
13 Amendment of s 85 (Accreditation conditions)
Clause 23
(1) Section 85(1), `conditions'-- 24
omit, insert-- 25
`imposed conditions or regulation conditions'. 26
(2) Section 85(2), from `A condition' to `only'-- 27
omit, insert-- 28
s 14 15 s 14
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`The chief executive may impose reasonable conditions on an 1
accreditation that the chief executive considers appropriate, including 2
matters relating'. 3
(3) Section 85(2)(c)(i) and (ii)-- 4
omit, insert-- 5
`(i) the approved safety management system for the railway or 6
the operation of rolling stock on the railway with which the 7
accredited person must comply; or'. 8
(4) Section 85(2)(c)(iii)-- 9
renumber as section 85(2)(c)(ii). 10
(5) Section 85(3)-- 11
omit, insert-- 12
`(3) An accredited person must comply with each imposed condition on 13
the person's accreditation. 14
Maximum penalty for subsection (3)--200 penalty units.'. 15
14 Replacement of s 86 (Requiring accreditation conditions to
Clause 16
be complied with) 17
Section 86-- 18
omit, insert-- 19
`86 Regulation may prescribe a condition applying to an accreditation 20
`(1) A regulation may prescribe-- 21
(a) a condition (a "regulation condition") to which an accreditation 22
of an accredited person is subject; and 23
(b) a penalty for contravening the regulation condition. 24
`(2) If there is an inconsistency between an imposed condition and a 25
regulation condition, the regulation condition applies to the extent of the 26
inconsistency. 27
`(3) For the application of a regulation condition to an accreditation of an 28
accredited person, it is irrelevant when the accreditation of the accredited 29
person was granted. 30
s 15 16 s 17
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`86A Surrender of accreditation 1
`(1) An accredited person may surrender the person's accreditation by 2
signed notice given to the chief executive. 3
`(2) The accredited person must return to the chief executive the 4
certificate of accreditation within 14 days after the surrender of the 5
accreditation, unless the accredited person has a reasonable excuse. 6
Maximum penalty for subsection (2)--20 penalty units.'. 7
15 Amendment of s 88 (Amending accreditation conditions on
Clause 8
application) 9
(1) Section 88, heading-- 10
omit, insert-- 11
`88 Amendment of imposed conditions'. 12
(2) Section 88(1), `conditions of'-- 13
omit, insert-- 14
`conditions imposed on'. 15
(3) Section 88-- 16
insert-- 17
`(8) Despite subsection (1), an application for an amendment of an 18
approved safety management system for a railway managed by an 19
accredited person, or for the operation of rolling stock on a railway by an 20
accredited person, must be made under section 88A.'. 21
16 Omission of ss 8993
Clause 22
Sections 89 to 93-- 23
omit. 24
17 Renumbering of s 93A
Clause 25
Section 93A-- 26
renumber as section 93H. 27
s 18 17 s 18
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18 Insertion of new s 88A and ch 6, pt 4, divs 38
Clause 1
After section 88-- 2
insert-- 3
`88A Amendment of approved safety management system 4
`(1) An accredited person may apply to the chief executive for approval 5
of a proposed amendment of the approved safety management system for 6
either of the following-- 7
(a) a railway managed by the accredited person; 8
(b) the operation of rolling stock on a railway by the accredited 9
person. 10
`(2) The chief executive must consider the application and may approve, 11
or refuse to approve, the proposed amendment. 12
`(3) The chief executive may approve the proposed amendment only if 13
reasonably satisfied the approved safety management system, as it will be 14
amended, is consistent with generally accepted risk management 15
principles. 16
`(4) If the chief executive decides to approve the proposed amendment, 17
the chief executive must give the applicant a signed notice stating the 18
decision and the approved amendment. 19
`(5) The approved amendment is taken to be incorporated into the 20
approved safety management system for the railway, or for the operation of 21
rolling stock on the railway, on the day stated in the signed notice. 22
`(6) If the chief executive decides to refuse to approve the proposed 23
amendment, the chief executive must give the applicant-- 24
(a) a signed notice stating the decision and the reason for the 25
decision; and 26
(b) an information notice for the decision. 27
`(7) Nothing in this section requires an accredited person to apply to the 28
chief executive for approval of an interim minor amendment of the 29
approved safety management system for-- 30
(a) a railway managed by the accredited person; or 31
s 18 18 s 18
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(b) the operation of rolling stock on a railway by the accredited 1
person.4 2
`Division 3--Obligations of accredited persons 3
`88B Accredited person must comply with approved safety 4
management system 5
`(1) An accredited person must, unless the person has a reasonable 6
excuse, comply with-- 7
(a) the approved safety management system for the railway managed 8
by the accredited person; or 9
(b) the approved safety management system for the operation of 10
rolling stock by the accredited person on a railway. 11
Maximum penalty--200 penalty units. 12
`(2) It is a reasonable excuse if the accredited person complied with-- 13
(a) the approved safety management system amended by an interim 14
minor amendment; or 15
(b) the approved safety management system to the extent that was 16
practicable while complying with a safety direction given to the 17
accredited person. 18
`(3) Subsection (2) does not limit the excuses that may be reasonable 19
excuses. 20
`88C Accredited person to review approved safety management 21
system each year and related matters 22
`(1) Before each anniversary of the accreditation of an accredited person 23
for a railway that is managed by the accredited person, or for the operation 24
of rolling stock on a railway by the accredited person, the accredited person 25
must-- 26
(a) review the appropriateness of the approved safety management 27
system for the railway or for the operation of rolling stock; and 28
4 See sections 88B(2) and 88C(2)(b) for provisions about interim minor amendments.
s 18 19 s 18
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(b) consider any safety directions given since the last approval; and 1
(c) consider whether an amendment is required to the system. 2
`(2) At least 28 days before the anniversary, the accredited person must 3
give to the chief executive-- 4
(a) a signed notice, in the approved form, stating how the accredited 5
person complied with subsection (1); and 6
(b) if there is a difference between the approved safety management 7
system for the railway, or for the operation of rolling stock on the 8
railway, for the current year of accreditation and the proposed 9
safety management system for the following year, including, for 10
example, interim minor amendments-- 11
(i) a copy of the proposed system; and 12
(ii) a statement identifying the differences; and 13
(iii) an application under section 88D for approval of the 14
proposed system. 15
Maximum penalty for subsection (2)--100 penalty units. 16
`88D Approval of proposed safety management system 17
`(1) This section applies if-- 18
(a) an accredited person for a railway has reviewed and considered 19
matters as mentioned in section 88C(1); and 20
(b) the person must give to the chief executive an application, as 21
mentioned in section 88C(2)(b)(iii), for the approval of a 22
proposed safety management system for the railway or for the 23
operation of rolling stock on a railway; and 24
(c) the person has given the application to the chief executive. 25
`(2) The chief executive must consider the application and may approve, 26
or refuse to approve, the proposed system. 27
`(3) The chief executive may approve the proposed system only if 28
reasonably satisfied the proposed system is consistent with generally 29
accepted risk management principles. 30
`(4) If the chief executive decides to approve the proposed system, the 31
chief executive must give the applicant a signed notice stating the decision. 32
s 18 20 s 18
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`(5) If the chief executive decides to refuse to approve the proposed 1
system, the chief executive must give the applicant-- 2
(a) a signed notice stating the decision and the reason for the 3
decision; and 4
(b) an information notice for the decision. 5
`88E Financial capacity or insurance arrangements to meet potential 6
accident liabilities 7
`(1) A railway manager must have the financial capacity, or public risk 8
insurance arrangements, at all times to meet reasonable potential accident 9
liabilities relating to the railway managed by the railway manager. 10
Maximum penalty--400 penalty units. 11
`(2) A railway operator must have the financial capacity, or public risk 12
insurance arrangements, at all times to meet reasonable potential accident 13
liabilities relating to the rolling stock operated on a railway by the railway 14
operator. 15
Maximum penalty--400 penalty units. 16
`(3) The chief executive may, by signed notice given to an accredited 17
person, require the accredited person to satisfy the chief executive that the 18
person has the financial capacity or public risk insurance arrangements as 19
mentioned in subsection (1) or (2). 20
`(4) An accredited person given a notice under subsection (3) must 21
comply with the notice within 14 days after the notice is given to the 22
accredited person. 23
Maximum penalty--40 penalty units. 24
`(5) The chief executive may, under section 93D,5 suspend an 25
accreditation whether or not-- 26
(a) the chief executive has given the accredited person a notice under 27
subsection (3); or 28
(b) the period to comply with a notice under that subsection has 29
ended. 30
5 Section 93D (Immediate suspension of an accreditation)
s 18 21 s 18
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`88F Notice of cancellation etc. of agreement mentioned in s 84(3)(d) 1
`(1) This section applies to an agreement mentioned in section 84(3)(d).
6
2
`(2) If the agreement is cancelled or suspended, each party to the 3
agreement must give the chief executive a signed notice about the 4
cancellation or suspension within 14 days after the cancellation or 5
suspension. 6
Maximum penalty--200 penalty units. 7
`Division 4--Disputes about or under agreements for access to rail 8
transport infrastructure that relate to rail safety 9
`89 Chief executive may decide matters on request 10
`(1) This section applies if parties to negotiations for a proposed 11
agreement about access to rail transport infrastructure are unable to agree 12
about a safety matter. 13
`(2) The chief executive may make a decision about the safety matter 14
if-- 15
(a) the access is required to be given under an access undertaking 16
and, under that undertaking, the QCA asks the chief executive to 17
make a decision about the safety matter; or 18
(b) there is no access undertaking but access is required to be given 19
under the Queensland Competition Authority Act 1997 and the 20
QCA asks the chief executive to make a decision about the safety 21
matter; or 22
(c) the access is not required under an access undertaking or the 23
Queensland Competition Authority Act 1997, but at least 1 of the 24
parties to the negotiations asks the chief executive to make a 25
decision about the safety matter and the chief executive 26
reasonably considers it appropriate to make a decision. 27
`(3) If a decision is made under subsection (2)(a) about a safety matter 28
and the QCA is dealing with matters under the access undertaking that 29
include the safety matter, the QCA must not make a decision relating to the 30
6 Section 84 (Granting accreditation)
s 18 22 s 18
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safety matter that is inconsistent with the chief executive's decision about 1
the safety matter. 2
`(4) If a decision is made under subsection (2)(b) and the QCA must 3
exercise a power under the Queensland Competition Authority Act 1997 4
relating to the safety matter, the QCA must have regard to the chief 5
executive's decision in exercising the power. 6
`(5) If a decision is made under subsection (2)(c), the decision is binding 7
on the parties to the negotiations only if the parties agreed to be bound by 8
the decision. 9
`(6) The chief executive may develop guidelines for making decisions 10
under subsection (2). 11
`(7) The chief executive must make any current guidelines mentioned in 12
subsection (6) publicly available. 13
`(8) In this section-- 14
"access undertaking" see the Queensland Competition Authority Act 15
1997, the schedule. 16
"QCA" means the Queensland Competition Authority. 17
"safety matter" means a matter about rail safety. 18
`90 Notice of dispute under agreement for access 19
`(1) This section applies to a dispute under an agreement for accessing 20
rail transport infrastructure if the dispute is about a matter relating to rail 21
safety, including, for example, the following agreements-- 22
(a) an agreement mentioned in section 151(1);7 23
(b) an access agreement. 24
`(2) A person who gives notice of the dispute to another party to the 25
agreement may give the chief executive a signed notice stating details of 26
the dispute. 27
`(3) Each accredited person who is a party to the agreement must give 28
the chief executive a signed notice stating details of the resolution of the 29
dispute within 14 days after the resolution. 30
7 Section 151 (Non-accredited railways)
s 18 23 s 18
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Maximum penalty--10 penalty units. 1
`(4) In this section-- 2
"access agreement" see the Queensland Competition Authority Act 1997, 3
the schedule. 4
"resolution", of a dispute, means the end of the dispute by-- 5
(a) agreement of the parties to the dispute; or 6
(b) arbitration; or 7
(c) a decision of an expert under the agreement; or 8
(d) a decision of a court or the Queensland Competition Authority. 9
`90A Helping in a dispute under agreement for access 10
`(1) This section applies if the chief executive-- 11
(a) is given a notice under section 90(2); and 12
(b) reasonably considers that it may be appropriate to give a safety 13
direction about the matter stated in the notice as in dispute (the 14
"dispute matter"). 15
`(2) The chief executive must inform himself or herself about the dispute 16
matter in any way the chief executive consider appropriate. 17
`(3) Without limiting subsection (2), the chief executive may consult 18
with 1 or more of the following persons about the dispute matter-- 19
(a) each accredited person who is a party to the agreement; 20
(b) another person whom the chief executive reasonably believes 21
may be able to help the chief executive in relation to the dispute 22
matter, including, for example, the Queensland Competition 23
Authority. 24
`(4) For consulting with an accredited person, the chief executive may 25
give a signed notice to the accredited person stating a reasonable time and 26
place for a meeting with the accredited person. 27
`(5) An accredited person given a notice under subsection (4) must 28
attend the meeting at the time and place stated in the notice. 29
Maximum penalty for subsection (5)--10 penalty units. 30
s 18 24 s 18
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`90B Notice of proposed safety direction 1
`(1) If the chief executive reasonably considers himself or herself 2
informed about a dispute matter and that it is reasonable to make a safety 3
direction about the matter, the chief executive must give each party to the 4
agreement, and the Queensland Competition Authority, the proposed safety 5
direction to be given to an accredited person. 6
`(2) The proposed safety direction must include-- 7
(a) the grounds for the proposed safety direction; and 8
(b) an outline of the facts and circumstances forming the basis for 9
the grounds; and 10
(c) an invitation to each person given the proposed safety direction 11
to show, within a stated period (the "representation period"), 12
why the proposed safety direction should not be given to an 13
accredited person. 14
`(3) The representation period must be a period ending at least 14 days 15
after the day that the proposed safety direction is given to the parties to the 16
agreement. 17
`90C Consideration of representations 18
`(1) Each person given a proposed safety direction under section 90B(1) 19
may make written representations about the proposed safety direction to 20
the chief executive in the representation period. 21
`(2) The chief executive must consider all written representations (the 22
"accepted representations") made under subsection (1). 23
`90D Chief executive's actions after stated period 24
`(1) After considering any accepted representations, the chief executive 25
may give a direction (a "safety direction") to 1 or more accredited persons 26
to do or not to do an act stated in the safety direction. 27
`(2) The safety direction must include-- 28
(a) the reason for the safety direction; and 29
(b) the day by which the safety direction must be complied with, that 30
must be reasonable having regard to the nature of the matters to 31
be done under the safety direction. 32
s 18 25 s 18
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`(3) A directed person must comply with the safety direction, unless the 1
directed person has a reasonable excuse. 2
Maximum penalty--200 penalty units. 3
`(4) The safety direction must be accompanied by an information notice 4
about the chief executive's decision to give the safety direction. 5
`(5) Also, the chief executive must give to a dispute party a signed notice 6
about the fact that a safety direction has been given to the directed person. 7
`(6) In this section-- 8
"directed person" means a person given a safety direction under 9
subsection (1). 10
"dispute party" means a person given a proposed safety direction as 11
mentioned in section 90B(1) who is not a directed person. 12
`Division 5--Safety directions by rail safety officers 13
`91 Application of division 14
`This division applies if a rail safety officer reasonably believes, for 15
either or both of the following reasons, it is necessary to give an accredited 16
person, or a person who appears to the officer to be an employee of an 17
accredited person, a safety direction-- 18
(a) to maintain an adequate level of safety in managing a railway or 19
the operation of rolling stock on a railway; 20
(b) to prevent a situation the rail safety officer reasonably considers 21
to be unsafe. 22
`91A Written direction by rail safety officer 23
`(1) The rail safety officer may, by a written direction given to the 24
accredited person or the employee (a "safety direction"), direct the 25
accredited person or employee to do or not to do an act stated in the safety 26
direction. 27
`(2) The safety direction must state a date or, if applicable, a time on the 28
day by which the safety direction must be complied with, that must be 29
reasonable having regard to the nature of the matters to be done under the 30
safety direction. 31
s 18 26 s 18
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`(3) A person to whom a safety direction is given under subsection (1) 1
must comply with it, unless the person has a reasonable excuse. 2
Maximum penalty for subsection (3)--150 penalty units. 3
`91B Spoken direction because written direction is not possible or 4
reasonable 5
`(1) If it is not possible or reasonable for the rail safety officer to give a 6
safety direction in writing to the accredited person or the employee as 7
mentioned in section 91A(1), the officer may direct the accredited person 8
or employee (also a "safety direction") to do or not to do a stated act by 9
telling the accredited person or employee-- 10
(a) to do or not to do the stated act; and 11
(b) the reason for the officer giving the safety direction. 12
`(2) A person to whom a safety direction is given under subsection (1) 13
must comply with it, unless the person has a reasonable excuse. 14
Maximum penalty--150 penalty units. 15
`(3) It is a reasonable excuse if the officer did not tell the person that the 16
person commits an offence if the person does not comply with the safety 17
direction. 18
`(4) Within 5 days after giving a person a safety direction under 19
subsection (1), the rail safety officer must give the accredited person or 20
employee a written notice stating the safety direction given under that 21
subsection. 22
`91C Direction under s 91A(1) or 91B(4) must include reasons and be 23
accompanied by information notice 24
`(1) This section applies to a rail safety officer when giving a safety 25
direction under section 91A(1) or a written notice stating a safety direction 26
under section 91B(4). 27
`(2) The safety direction or notice must-- 28
(a) include the reasons for the safety direction; and 29
(b) be accompanied by an information notice for the safety direction. 30
`(3) If it is not possible or reasonable for a rail safety officer to comply 31
with subsection (2) at the time the officer is giving the safety direction, the 32
s 18 27 s 18
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officer must comply with the subsection as soon as is reasonably 1
practicable for the officer to do so. 2
`91D Safety directions and relationship with Workplace Heath and 3
Safety Act 1995 4
`(1) It is a defence in a proceeding against a person for a safety direction 5
contravention for the person to prove-- 6
(a) the person committed the act or omission constituting the safety 7
direction contravention as part of complying with the person's 8
workplace obligations; and 9
(b) in committing the act or omission constituting the safety 10
direction contravention, the person did each of the following to 11
diminish the consequences of the safety direction 12
contravention-- 13
(i) chose an appropriate way; 14
(ii) took reasonable care and skill; 15
(iii) exercised proper diligence. 16
`(2) In this section-- 17
"safety direction contravention" means a contravention of an obligation 18
imposed on the person under a safety direction. 19
"workplace obligations", of a person, means the person's obligations 20
under the Workplace Health and Safety Act 1995, section 26 and 21
part 3, divisions 2 and 3.8 22
8 Workplace Health and Safety Act 1995, section 26 (How obligations can be
discharged if regulation etc. made) and part 3 (Workplace health and safety
obligations), divisions 2 (Obligations of employers and others) and 3 (Obligations of
workers and other persons)
s 18 28 s 18
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`Division 6--Audit regime 1
`92 Audit program for inspecting activities of accredited person 2
`(1) For each year, the chief executive must prepare a program (an 3
"audit program") for inspecting the activities of railway managers and 4
railway operators during the year. 5
`(2) Without limiting subsection (1), an audit program may focus on the 6
following-- 7
(a) particular railway managers or railway operators; 8
(b) a particular criterion relating to railway managers or railway 9
operators; 10
(c) a particular aspect of safety. 11
`92A When inspections may be carried out during a year 12
`(1) During a year, the chief executive may inspect an accredited person 13
under an audit program for the year. 14
`(2) Also, the chief executive may inspect an accredited person if the 15
chief executive reasonably believes-- 16
(a) an aspect of safety needs to be considered in relation to the 17
particular accredited person or accredited persons generally; or 18
(b) the accredited person has not, or is not, complying with a railway 19
provision. 20
`92B Requirement to give information or document for inspection 21
`(1) For inspecting an accredited person, the chief executive may, by 22
signed notice given to the accredited person, require the accredited person 23
to give the chief executive information or a document the chief executive 24
reasonably believes is relevant to the inspection. 25
`(2) The notice must include-- 26
(a) a time, that is reasonable in the circumstances, by which the 27
accredited person must comply with the requirement; and 28
s 18 29 s 18
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(b) a warning that it is an offence to fail to comply with the 1
requirement, unless the accredited person has a reasonable 2
excuse. 3
`92C Failure to give information or document for inspection 4
`(1) A person to whom a notice is given under section 92B must comply 5
with the requirement in the notice within the time stated in it, unless the 6
person has a reasonable excuse. 7
Maximum penalty--60 penalty units. 8
`(2) If the person is an individual, it is a reasonable excuse for the person 9
not to comply with the requirement if complying with the requirement 10
might tend to incriminate the person. 11
`(3) The person does not commit an offence against this section if the 12
information or document sought by the chief executive is not in fact 13
relevant to the inspection. 14
`Division 7--Disciplinary action against accredited persons 15
`93 Happening that may give rise to a belief that a ground for 16
disciplinary action exists 17
`(1) The chief executive may consider that a ground for disciplinary 18
action about an accreditation of an accredited person exists after any of the 19
following-- 20
(a) an inspection under an audit program; 21
(b) an inspection other than under an audit program; 22
(c) a report of a serious incident; 23
(d) an investigation of an incident. 24
`(2) However, subsection (1) does not limit the matters that may cause 25
the chief executive to consider a ground for disciplinary action exists. 26
s 18 30 s 18
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`93A Grounds for disciplinary action about the accreditation of an 1
accredited person 2
`Each of the following is a ground to take disciplinary action about an 3
accreditation of an accredited person-- 4
(a) the accredited person contravened a provision of this part, 5
part 5A or 6 or chapter 8AA,9 whether or not-- 6
(i) a penalty is provided for the provision that the accredited 7
person contravened; or 8
(ii) a proceeding for a railway offence, or another action under 9
this Act relating to a railway provision, is started against the 10
person; or 11
(iii) the person is convicted of a railway offence, or another 12
action is taken in relation to the person under this Act; 13
(b) the accredited person failed to comply with a condition of the 14
accreditation. 15
`93B Show cause notice 16
`(1) If the chief executive reasonably believes a ground exists to take 17
disciplinary action about an accreditation of an accredited person, the chief 18
executive must give the accredited person a signed notice (a "show cause 19
notice"). 20
`(2) The show cause notice must state each of the following-- 21
(a) the disciplinary action the chief executive proposes taking under 22
this division (the "proposed action"); 23
(b) the grounds for the proposed action; 24
(c) an outline of the facts and circumstances forming the basis for 25
the grounds; 26
(d) if the proposed action includes suspension--the proposed 27
suspension including the proposed period of the suspension; 28
9 Parts 5A (Rail safety officers), 6 (Railway incidents) and chapter 8AA (Transporting
dangerous goods by rail)
s 18 31 s 18
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(e) if the proposed action includes varying the accreditation--the 1
change that it is proposed to make to an imposed condition or a 2
new condition it is proposed to impose on the accreditation; 3
(f) an invitation to the accredited person to show, within a stated 4
period (the "show cause period"), why the proposed action 5
should not be taken. 6
`(3) The show cause period must be a period ending at least 28 days after 7
the day the show cause notice is given to the accredited person. 8
`93C Consideration of representations 9
`(1) The accredited person may make written representations about the 10
show cause notice to the chief executive in the show cause period. 11
`(2) The chief executive must consider all written representations (the 12
"accepted representations") made under subsection (1). 13
`93D Immediate suspension of an accreditation 14
`(1) This section applies if the chief executive reasonably believes-- 15
(a) a ground to take disciplinary action about an accreditation 16
requires the immediate suspension of the accreditation-- 17
(i) to ensure the safety of persons; or 18
(ii) to prevent damage to rail transport infrastructure or other 19
rail infrastructure; or 20
(b) an accredited person does not have the financial capacity or 21
public risk insurance arrangements required under 22
section 88E(1) or (2).10 23
`(2) The chief executive may suspend the accreditation immediately. 24
`(3) The suspension can be effected only by the chief executive giving 25
the accredited person all of the following-- 26
(a) a signed notice stating the suspension and the reason for the 27
suspension; 28
10 Section 88E (Financial capacity or insurance arrangements to meet potential
accident liabilities)
s 18 32 s 18
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(b) an information notice for the suspension; 1
(c) a show cause notice. 2
`(4) The suspension-- 3
(a) takes effect immediately all the documents mentioned in 4
subsection (3) are given to the accredited person; and 5
(b) continues to operate until the show cause notice is finally dealt 6
with. 7
`93E Action by chief executive 8
`(1) This section applies if-- 9
(a) there are no accepted representations for the show cause notice; 10
or 11
(b) after considering the accepted representations for the show cause 12
notice, the chief executive still believes the ground for 13
disciplinary action exists relating to the accreditation. 14
`(2) The chief executive may-- 15
(a) if the proposed action is a direction to apply to amend the 16
approved safety management system for a railway managed, or 17
for the operation of rolling stock on a railway, by the accredited 18
person--direct the accredited person to apply for the proposed 19
amendment by a stated time; or 20
(b) if the proposed action is to suspend the accreditation--suspend 21
the accreditation for not longer than the proposed period of 22
suspension; or 23
(c) if the proposed action is to vary the accreditation--vary the 24
accreditation in the proposed way, or another way to which the 25
accredited person has consented in writing, including by varying 26
an existing condition or by imposing a new condition; or 27
(d) if the proposed action is to cancel the accreditation--cancel the 28
accreditation or suspend the accreditation for a period. 29
`(3) More than 1 type of disciplinary action about an accreditation of an 30
accredited person may be taken under this section. 31
`(4) If the chief executive decides to take action under subsection (2), the 32
chief executive must immediately give the accredited person-- 33
s 18 33 s 18
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(a) a signed notice stating-- 1
(i) the decision; and 2
(ii) for a direction as mentioned in subsection (2)(a)--that the 3
accreditation will be suspended in its entirety under 4
subsection (5) without further notice until the accredited 5
person makes the application for the proposed amendment; 6
and 7
(iii) the reasons for the decision; and 8
(b) an information notice for the decision. 9
`(5) If the chief executive directs the accredited person to apply for a 10
proposed amendment by a stated time and the person does not make the 11
application by the stated time, the accredited person's accreditation is 12
suspended in its entirety from that time until the day after the day the 13
accredited person gives the chief executive the application. 14
`(6) If the chief executive's decision is to cancel the accreditation, the 15
notice mentioned in subsection (4)(a) must include a direction to the 16
accredited person to return the certificate of accreditation to the chief 17
executive, within 14 days after receiving the notice. 18
`(7) A person who is directed under subsection (6) to return a certificate 19
of accreditation must comply with the direction within 14 days after 20
receiving the direction. 21
Maximum penalty--40 penalty units. 22
`(8) The decision takes effect on the later of the following-- 23
(a) the day the signed notice mentioned in subsection (4)(a) is given 24
to the accredited person; 25
(b) the day of effect stated in the signed notice. 26
`93F Decision by chief executive not to take action under s 93E 27
`(1) This section applies if-- 28
(a) there are accepted representations for the show cause notice; and 29
(b) after considering the accepted representations for the show cause 30
notice, the chief executive no longer believes a ground for 31
disciplinary action exists relating to the accreditation. 32
s 19 34 s 20
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`(2) The chief executive must give the accredited person a signed notice 1
stating the chief executive does not intend to take action under section 93E 2
and the matter is completed. 3
`Division 8--Information about safety issues 4
`93G Chief executive may publish safety bulletin 5
`(1) The chief executive may publish, in a way that the chief executive 6
considers appropriate, a document containing information about safety 7
issues for railways (a "safety bulletin"). 8
`(2) Without limiting the information that may be included in a safety 9
bulletin, the chief executive may include any of the following 10
information-- 11
(a) information arising out of a report of an incident or an 12
investigation into an incident, including a serious incident; 13
(b) information arising out of an inspection of an accredited person; 14
(c) other information about safety issues, including information 15
from outside Queensland. 16
`(3) The chief executive must consult with an accredited person about 17
information the chief executive proposes to publish that may identify, or be 18
reasonably expected to identify, the accredited person. 19
`(4) Also, the chief executive must consult with an accredited person, or 20
any other person, about information the chief executive proposes to publish 21
in which the accredited person or the other person has a proprietary 22
interest.'. 23
19 Omission of s 101 (Reporting serious incidents)
Clause 24
Section 101-- 25
omit. 26
20 Insertion of new ch 6, pt 5A
Clause 27
After section 100-- 28
insert-- 29
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`PART 5A--RAIL SAFETY OFFICERS 1
`Division 1--Definitions 2
`100A Definitions for pt 5A 3
`In this part-- 4
"enter", rolling stock, includes board rolling stock. 5
"place" includes the following-- 6
(a) land; 7
(b) a building or other structure, or part of a building or other 8
structure, of any type; 9
(c) a group of buildings or other structures, or part of a group of 10
buildings or other structures, of any type. 11
"public place" means-- 12
(a) a place, or part of a place, that the public is entitled to use, that is 13
open to members of the public or that is used by the public, 14
whether or not on payment of money; or 15
(b) a place, or part of a place, that the occupier allows members of 16
the public to enter, whether or not on payment of money. 17
"railway workplace" means either of the following places -- 18
(a) a place that is, or at which is located, rail transport infrastructure 19
or other rail infrastructure; 20
(b) another place used by an accredited person to conduct activities 21
in relation to managing a railway or operating rolling stock on a 22
railway. 23
`Division 2--Rail safety officers including provisions about appointment 24
`100B Rail safety officers 25
`(1) Each police officer is a rail safety officer. 26
s 20 36 s 20
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`(2) The chief executive may appoint an officer of the department, or any 1
other person, as a rail safety officer. 2
`(3) However, the chief executive may appoint a person under 3
subsection (2) only if the chief executive is reasonably satisfied the person 4
is qualified for appointment because the person has the necessary expertise 5
or experience. 6
`(4) Sections 100C(1)(a) and (b), 100D and 100E do not apply to a rail 7
safety officer who is a police officer. 8
`100C Appointment conditions and limit on powers 9
`(1) A rail safety officer holds office on any conditions stated in-- 10
(a) the officer's instrument of appointment; or 11
(b) a signed notice by the chief executive given to the officer; or 12
(c) a regulation. 13
14
Example for subsection (1)(a)--
15
The instrument of appointment of a rail safety officer may provide that if the officer is
16
an employee of a railway manager or railway operator for a railway, the officer is
17
appointed only to investigate, or may not investigate, a matter under section 103(2)
18
about a specific railway.
`(2) The instrument of appointment, a signed notice given to the officer 19
or a regulation may limit the officer's powers under a railway provision. 20
`100D Issue of identity card to each rail safety officer 21
`(1) The chief executive must issue an identity card to each rail safety 22
officer. 23
`(2) The identity card must-- 24
(a) contain a recent photo of the officer; and 25
(b) contain a copy of the officer's signature; and 26
(c) identify the person as a rail safety officer under this Act; and 27
(d) state an expiry date for the card. 28
`(3) This section does not prevent the issuing of a single identity card to 29
a person for this Act and other purposes. 30
s 20 37 s 20
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`100E Production or display of identity card 1
`(1) In exercising a power under a railway provision in relation to a 2
person, a rail safety officer must-- 3
(a) produce the officer's identity card for the person's inspection 4
before exercising the power; or 5
(b) have the identity card displayed so that it is clearly visible to the 6
person when exercising the power. 7
`(2) However, if it is not practicable to comply with subsection (1), the 8
officer must produce the identity card for the person's inspection at the first 9
reasonable opportunity. 10
`(3) For subsection (1), a rail safety officer does not exercise a power in 11
relation to a person only because the officer, as authorised under this Act, 12
enters-- 13
(a) a public place when it is open to the public; or 14
(b) a place for the purpose of asking the occupier of the place for 15
consent to enter. 16
`100F When rail safety officer ceases to hold office 17
`(1) A rail safety officer ceases to hold office if any of the following 18
happens-- 19
(a) the term of office stated in a condition of office ends; 20
(b) the officer ceases to hold office under another condition of office; 21
(c) the officer's resignation under section 100G takes effect. 22
`(2) Subsection (1) does not limit the ways a rail safety officer may cease 23
to hold office. 24
`(3) In this section-- 25
"condition of office" means a condition on which the officer holds office. 26
`100G Resignation 27
`A rail safety officer may resign by signed notice given to the chief 28
executive. 29
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`100H Return of identity card 1
`A person who ceases to be a rail safety officer must return the person's 2
identity card to the chief executive within 21 days after ceasing to be an 3
officer, unless the person has a reasonable excuse. 4
Maximum penalty--40 penalty units. 5
`Division 3--Entry to places by rail safety officers 6
`100I Power to enter places 7
`(1) A rail safety officer may enter a place if-- 8
(a) its occupier consents to the entry; or 9
(b) it is a public place and the entry is made when it is open to the 10
public; or 11
(c) the entry is authorised by a warrant; or 12
(d) it is a railway workplace and the entry is made when the place 13
is-- 14
(i) open for carrying on activities for which the place is a 15
railway workplace; or 16
(ii) otherwise open for entry; or 17
(iii) required to be open for inspection under an accreditation; or 18
(iv) not open, or required to be open, as mentioned in 19
subparagraphs (i) to (iii) but the entry is urgently required to 20
investigate the circumstances of a serious incident. 21
`(2) For the purpose of asking the occupier of a place for consent to 22
enter, the officer may, without the occupier's consent or a warrant-- 23
(a) enter land around premises at the place to an extent that is 24
reasonable to contact the occupier; or 25
(b) enter part of the place the officer reasonably considers members 26
of the public ordinarily are allowed to enter when they wish to 27
contact the occupier. 28
`(3) A rail safety officer who enters a railway workplace under 29
subsection (1)(d) must not unnecessarily impede any activities being 30
conducted at the workplace. 31
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`(4) If a rail safety officer may enter a place under subsection (1)(d), the 1
officer is not authorised to enter any part of the place that is a home. 2
`(5) In this section-- 3
"home" means a building, caravan or other structure in which an 4
individual lives. 5
`100J Procedure for entry with consent 6
`(1) This section applies if a rail safety officer intends to ask an occupier 7
of a place to consent to the officer or another rail safety officer entering the 8
place. 9
`(2) Before asking for the consent, the officer must tell the occupier-- 10
(a) the purpose of the entry; and 11
(b) that the occupier is not required to consent. 12
`(3) If the consent is given, the officer may ask the occupier to sign an 13
acknowledgment of the consent. 14
`(4) The acknowledgment must state-- 15
(a) the occupier has been told-- 16
(i) the purpose of the entry; and 17
(ii) that the occupier is not required to consent; and 18
(b) the purpose of the entry; and 19
(c) the occupier gives the officer consent to enter the place and 20
exercise powers under a railway provision; and 21
(d) the time and date the consent was given. 22
`(5) If the occupier signs the acknowledgment, the officer must 23
immediately give a copy to the occupier. 24
`(6) If-- 25
(a) an issue arises in a proceeding about whether the occupier 26
consented to the entry; and 27
(b) an acknowledgment complying with subsection (4) for the entry 28
is not produced in evidence; 29
the onus of proof is on the person relying on the lawfulness of the entry to 30
prove the occupier consented. 31
s 20 40 s 20
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`100K Procedure for other entries without warrant 1
`(1) This section applies if-- 2
(a) a rail safety officer intends to enter a place without the consent of 3
an occupier of the place or a warrant, as authorised under 4
section 100I(1)(d); and 5
(b) an occupier is present at the place. 6
`(2) Before entering the place, the officer must tell, or make a reasonable 7
attempt to tell, the occupier-- 8
(a) the purpose of the entry; and 9
(b) that the officer is permitted under section 100I(1)(d) to enter the 10
place without the occupier's consent or a warrant. 11
`100L Application for warrant 12
`(1) A rail safety officer may apply to a magistrate for a warrant relating 13
to a place. 14
`(2) The application must be sworn and state the grounds on which the 15
warrant is sought. 16
`(3) The magistrate may refuse to consider the application until the 17
officer gives the magistrate all of the information the magistrate requires 18
about the application in the way the magistrate requires. 19
20
Example for subsection (3)--
21
The magistrate may require additional information supporting the application to be
22
given by statutory declaration.
`100M Issue of warrant 23
`(1) A magistrate may issue a warrant only if the magistrate is satisfied 24
there are reasonable grounds for suspecting-- 25
(a) there is a particular thing or activity (the "evidence") that may 26
provide evidence of a railway offence; or 27
(b) the evidence is at the place or, within the next 7 days, may be at 28
the place. 29
`(2) The warrant must state-- 30
s 20 41 s 20
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(a) that a stated rail safety officer may, with necessary and 1
reasonable help and force-- 2
(i) enter the place and any other place necessary for entry; and 3
(ii) exercise powers under a railway provision; and 4
(b) the railway offence for which the warrant is sought; and 5
(c) the evidence that may be seized under the warrant; and 6
(d) the hours of the day or night when the place may be entered; and 7
(e) the date, within 14 days after the warrant's issue, the warrant 8
ends. 9
`100N Special warrants 10
`(1) A rail safety officer may apply for a warrant (a "special warrant") 11
by phone, fax, radio or another form of communication if the officer 12
reasonably believes it necessary because of-- 13
(a) urgent circumstances; or 14
(b) other special circumstances, including, for example, the officer's 15
remote location. 16
`(2) Before applying for the special warrant, the officer must prepare an 17
application stating the grounds on which the warrant is sought. 18
`(3) The officer may apply for the warrant before the application is 19
sworn. 20
`(4) After issuing the special warrant, the magistrate must immediately 21
fax or otherwise electronically communicate a copy (a "facsimile 22
warrant") to the officer if it is reasonably practicable to do so. 23
`(5) If it is not reasonably practicable to fax or electronically 24
communicate a copy to the officer-- 25
(a) the magistrate must tell the officer-- 26
(i) what the terms of the special warrant are; and 27
(ii) the date and time the special warrant is issued; and 28
(b) the officer must complete a form of warrant (a "warrant form") 29
and write on it-- 30
(i) the magistrate's name; and 31
s 20 42 s 20
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(ii) the date and time the magistrate issued the special warrant; 1
and 2
(iii) the terms of the special warrant. 3
`(6) The facsimile warrant, or the warrant form properly completed by 4
the officer, authorises the entry and the exercise of the other powers stated 5
in the special warrant issued. 6
`(7) The officer must, at the first reasonable opportunity, send the 7
magistrate-- 8
(a) the sworn application; and 9
(b) if the officer completed a warrant form--the completed warrant 10
form. 11
`(8) On receiving the documents, the magistrate must attach them to the 12
special warrant. 13
`(9) If-- 14
(a) an issue arises in a proceeding about whether an exercise of a 15
power was authorised by a special warrant; and 16
(b) the warrant is not produced in evidence; 17
the onus of proof is on the person relying on the lawfulness of the exercise 18
of the power to prove a special warrant authorised the exercise of the 19
power. 20
`100O Warrants--procedure before entry 21
`(1) This section applies if-- 22
(a) a rail safety officer stated in a warrant issued under this division 23
for a place is intending to enter the place under the warrant; and 24
(b) a person is present at the place. 25
`(2) Before entering the place, the officer must do or make a reasonable 26
attempt to do the following things-- 27
(a) identify himself or herself to a person present at the place who is 28
an occupier of the place by producing a copy of the officer's 29
s 20 43 s 20
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identity card or other document evidencing the officer's 1
appointment; 2
(b) give the person a copy of the warrant or, if the entry is authorised 3
by a facsimile warrant or warrant form, a copy of the facsimile 4
warrant or warrant form; 5
(c) tell the person the officer is permitted by the warrant to enter the 6
place; 7
(d) give the person an opportunity to allow the officer immediate 8
entry to the place without using force. 9
`(3) However, the officer need not comply with subsection (2) if the 10
officer reasonably believes immediate entry to the place is required to 11
ensure the effective execution of the warrant is not frustrated. 12
`(4) Subsection (2)(a) does not apply to a rail safety officer who is a 13
police officer.11 14
`Division 4--General powers of rail safety officers 15
`100P General powers after entering place 16
`(1) This division applies to a rail safety officer who, under division 3, 17
enters a place. 18
`(2) However if, under section 100I(2),12 the officer enters a place to ask 19
the occupier's consent to enter a place, this division applies to the officer 20
only if the consent is given or the entry is otherwise authorised. 21
`(3) To the extent the officer reasonably considers it necessary for an 22
inspection or investigation under a railway provision, the officer may do 23
any of the following-- 24
(a) search any part of the place; 25
(b) enter or open, using reasonable force, a structure, rolling stock, 26
vehicle or other thing to examine the structure, rolling stock, 27
vehicle or other thing; 28
11 See the Police Powers and Responsibilities Act 2000, section 394 (Supplying police
officer's details).
12 Section 100I (Power to enter places)
s 20 44 s 20
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(c) inspect, film, photograph, videotape or otherwise record an 1
image of a document, structure, rolling stock, vehicle or other 2
thing at the place; 3
(d) take, or authorise another person to take, for analysis a thing, or a 4
sample of or from the thing, at the place; 5
(e) mark, tag or otherwise identify rolling stock, a vehicle or other 6
thing at the place; 7
(f) take an extract from, or copy, a document at the place; 8
(g) take into the place the equipment, materials or persons the officer 9
reasonably requires for exercising a power under this part; 10
(h) take a necessary step to allow a power under paragraphs (a) to (g) 11
to be exercised. 12
`(4) If the officer takes a sample or thing for analysis under 13
subsection (3)(d), the officer must-- 14
(a) give a receipt for the sample or thing to the person in charge of 15
the thing or place from which it was taken; and 16
(b) for a sample or thing with an intrinsic value--at the end of 17
6 months after the sample or thing was taken, return it to the 18
person who appears to be the owner of it or the person in charge 19
of the thing or place from which it was taken.13 20
`(5) However, if for any reason it is not practicable to comply with 21
subsection (4)(a), the officer must leave the receipt at the place in a 22
conspicuous position and in a reasonably secure way. 23
`100Q Procedure before entering or opening rolling stock or vehicle 24
`(1) If a relevant person is present at rolling stock or a vehicle, the rail 25
safety officer must do or make a reasonable attempt to do the following 26
before entering the rolling stock or vehicle under section 100P-- 27
(a) tell the relevant person the purpose of the entry; 28
(b) ask for the consent of the relevant person to the entry; 29
13 See section 101I(1) (Forfeiture by rail safety officer) for what happens if a sample or
thing can not be returned to its owner or the owner can not be found.
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(c) tell the relevant person the officer is permitted under a railway 1
provision to enter the rolling stock or vehicle without consent; 2
(d) for a vehicle--if the relevant person is not the owner of the 3
vehicle, advise the vehicle's owner of the officer's intention to 4
enter it. 5
`(2) If a relevant person is not present at rolling stock or a vehicle, before 6
entering the rolling stock or vehicle, the officer must-- 7
(a) take reasonable steps to find a relevant person for the rolling 8
stock or vehicle; and 9
(b) comply with subsection (1)(a) to (c) for the relevant person if 10
found. 11
`(3) Subsections (1)(d) and (2) do not require the officer to take a step the 12
officer reasonably believes may frustrate or otherwise hinder an inspection 13
or investigation under a railway provision or the purpose of the intended 14
entry. 15
`(4) In this section-- 16
"relevant person" means-- 17
(a) for rolling stock--a person who is the driver or guard of, or 18
engineer for, the rolling stock; or 19
(b) for a vehicle--a person who appears to be the driver, or to be in 20
control, of the vehicle. 21
`100R Power to require reasonable help or information 22
`(1) A rail safety officer may require the occupier of, or someone else at, 23
a place entered into under division 3 to give the officer-- 24
(a) reasonable help to exercise a power under a railway provision; or 25
(b) information to help the officer ascertain whether a railway 26
provision is being complied with. 27
28
Example for subsection (1)--
29
When inspecting rolling stock, a rail safety officer may ask the driver of the rolling
30
stock to accompany the officer or to explain how a piece of equipment is used as part of
31
the accredited person's approved safety management system for the railway or for the
32
operation of rolling stock on the railway.
s 20 46 s 20
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`(2) When making a requirement under subsection (1), the officer must 1
warn the person that it is an offence to fail to comply with the requirement 2
unless the person has a reasonable excuse. 3
`(3) A person required to give reasonable help under subsection (1)(a), 4
or give information under subsection (1)(b), must comply with the 5
requirement, unless the person has a reasonable excuse. 6
Maximum penalty--100 penalty units. 7
`(4) If the person is an individual, it is a reasonable excuse for the person 8
not to comply with the requirement to give information if complying with 9
the requirement might tend to incriminate the person. 10
`100S Power to stop rolling stock or vehicle that may be entered or 11
opened 12
`(1) If rolling stock or a vehicle that a rail safety officer may enter or 13
open under a railway provision is moving or about to move, the officer 14
may-- 15
(a) require the accredited person for the rolling stock or vehicle to 16
stop the rolling stock or vehicle at, not move the rolling stock or 17
vehicle from, or move the rolling stock or vehicle to, a stated 18
place; or 19
(b) ask or signal the person in control of the rolling stock or vehicle 20
to stop the rolling stock or vehicle at, or not move the rolling 21
stock or vehicle from, a stated place. 22
`(2) Before making a request or giving a signal under subsection (1)(b) 23
relating to rolling stock, the officer must-- 24
(a) consult with the train controller for the rolling stock about 25
whether it is safe to stop the rolling stock at, or not move the 26
rolling stock from, the place taking into account other rolling 27
stock; and 28
(b) disrupt the operation of rolling stock on the railway only to the 29
extent that is reasonably necessary. 30
`(3) An accredited person of whom a requirement is made under 31
subsection (1)(a) must comply with the requirement, unless the person has 32
a reasonable excuse. 33
Maximum penalty--200 penalty units. 34
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`(4) The person in control of rolling stock, or a vehicle, to whom a 1
request is made or signal given under subsection (1)(b) must comply with 2
the request or signal, unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
`(5) It is a reasonable excuse for the person in control of rolling stock or 5
a vehicle not to comply with the request or signal if-- 6
(a) to immediately comply with the request or signal would-- 7
(i) endanger the person or someone else; or 8
(ii) cause damage to rail transport infrastructure, rolling stock 9
or a vehicle; and 10
(b) the person complies with the request or signal as soon as is 11
practicable to comply with it. 12
`(6) In this section-- 13
"train controller", for rolling stock, means an individual who is in control 14
of train control signalling and communication for the section of track 15
on which the rolling stock is moving or stationary. 16
`100T Other powers about rolling stock or vehicles that may be 17
entered 18
`(1) If a rail safety officer enters or opens rolling stock or a vehicle under 19
a railway provision, the officer may require the person in control of the 20
rolling stock or vehicle-- 21
(a) to give the officer reasonable help to enter or open the rolling 22
stock or vehicle; or 23
(b) to bring the rolling stock or vehicle to a stated reasonable place 24
and remain in control of the rolling stock or vehicle for a 25
reasonable period to allow the officer to exercise a power under a 26
railway provision. 27
`(2) When making a requirement under subsection (1), the officer must 28
warn the person it is an offence to fail to comply with the requirement 29
unless the person has a reasonable excuse. 30
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`(3) A person must not fail to comply with the requirement, unless the 1
person has a reasonable excuse. 2
Maximum penalty for subsection (3)--100 penalty units. 3
`Division 5--Seizure 4
`101 Power to seize evidence if entry without consent or warrant 5
`A rail safety officer who enters a place under a railway provision, 6
without consent and without a warrant, may seize a thing at the place only 7
if the officer reasonably believes-- 8
(a) the thing is evidence of a railway offence; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) destroyed, hidden or lost; or 11
(ii) used to commit, continue or repeat, a railway offence. 12
`101A Power to seize evidence if entry with consent or warrant 13
`(1) This section applies if a rail safety officer enters a place under a 14
power under a railway provision with the necessary consent of a person or 15
with a warrant. 16
`(2) If the officer enters a place with the necessary consent, the officer 17
may seize a thing at the place if-- 18
(a) the officer reasonably believes the thing is evidence of a railway 19
offence; and 20
(b) seizure of the thing is consistent with the purpose of entry as told 21
to the person when asking for the person's consent. 22
`(3) If the officer enters the place with a warrant, the officer may seize a 23
thing that is the evidence for which the warrant was issued. 24
`(4) The officer may seize anything else at the place if the officer 25
reasonably believes-- 26
(a) the thing is evidence of a railway offence; and 27
(b) the seizure is necessary to prevent the thing being-- 28
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(i) destroyed, hidden or lost; or 1
(ii) used to commit, continue or repeat a railway offence. 2
`101B Securing seized things 3
`Having seized a thing, a rail safety officer may-- 4
(a) move the thing from the place where it was seized (the "place of 5
seizure"); or 6
(b) leave the thing at the place of seizure but take reasonable action 7
to restrict access to it; or 8
9
Examples of restricting access to a thing--
10
1. Marking, sealing, tagging or otherwise identifying the thing to show
11
access to it is restricted.
12
2. Sealing the entrance to a room where the thing is situated and
13
marking the entrance to show access to the thing is restricted.
(c) for equipment--make it inoperable. 14
15
Example of making equipment inoperable--
16
Dismantling equipment or removing a component of equipment without
17
which the equipment is not capable of being used.
`101C Offence to tamper with seized thing 18
`(1) If a rail safety officer restricts access to a seized thing, a person must 19
not tamper, or attempt to tamper, with the thing, or something restricting 20
access to the thing, without a rail safety officer's approval. 21
Maximum penalty--60 penalty units. 22
`(2) If a rail safety officer makes seized equipment inoperable, a person 23
must not tamper, or attempt to tamper, with the equipment, without a rail 24
safety officer's approval. 25
Maximum penalty--60 penalty units. 26
`101D Powers to support seizure 27
`(1) To enable a thing to be seized, a rail safety officer may require the 28
person in control of it-- 29
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(a) to take it to a stated reasonable place by a stated reasonable time; 1
and 2
(b) if necessary, to remain in control of it at the stated place for a 3
stated reasonable period. 4
`(2) The requirement-- 5
(a) must be made by signed notice given to the person; or 6
(b) if for any reason it is not practicable to give a signed notice to the 7
person--may be made orally and confirmed by signed notice 8
given to the person as soon as is practicable. 9
`(3) A further requirement may be made under this section about the 10
thing if it is necessary and reasonable to make the further requirement. 11
12
Examples of a further requirement--
13
A requirement that the thing--
14
· be transported during stated off-peak hours
15
· be transported along a particular route
16
· be transported in a particular way.
`(4) A person of whom a requirement is made under subsection (1) or (3) 17
must comply with the requirement, unless the person has a reasonable 18
excuse. 19
Maximum penalty--60 penalty units. 20
`(5) Subject to the provisions of this part providing for compensation,14 21
the cost of complying with subsection (1) or (3) must be borne by the 22
person. 23
`(6) For this section, a person is "in control" of a thing if the person has, 24
or reasonably appears to a rail safety officer to have, authority to exercise 25
control over the thing. 26
`101E Rail safety officer may require thing's return 27
`(1) If a rail safety officer has required a person to take a thing to a stated 28
reasonable place by a stated reasonable time under a railway provision, the 29
officer may require the person to return the thing to the place from which it 30
was taken. 31
14 See section 101W (Compensation).
s 20 51 s 20
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`(2) A person of whom a requirement is made under subsection (1) must 1
comply with the requirement, unless the person has a reasonable excuse. 2
Maximum penalty--40 penalty units. 3
`(3) Subject to the provisions of this part providing for compensation, 4
the cost of complying with subsection (1) must be borne by the person. 5
`101F Receipt for seized thing 6
`(1) After a rail safety officer seizes a thing, the officer must give a 7
receipt for it to the person from whom the thing was seized. 8
`(2) However, if for any reason it is not practicable to comply with 9
subsection (1), the officer must leave the receipt at the place of seizure in a 10
conspicuous position and in a reasonably secure way. 11
`(3) The receipt must describe generally the thing seized and its 12
condition. 13
`(4) This section does not apply to a thing if it would be impracticable or 14
unreasonable to expect the officer to account for the thing given its 15
condition, nature and value. 16
`101G Return of seized thing 17
`(1) This section applies to a seized thing if-- 18
(a) the thing has some intrinsic value; and 19
(b) the thing has not been forfeited under division 6. 20
`(2) A rail safety officer must return the thing to its owner-- 21
(a) at the end of 6 months after the seizure; or 22
(b) if a proceeding for an offence involving the thing is started within 23
the 6 months--at the end of the proceeding and any appeal from 24
the proceeding. 25
`(3) Despite subsection (2), the officer must return a thing seized as 26
evidence if the officer stops being satisfied-- 27
(a) its continued retention as evidence is necessary; and 28
(b) its continued retention is necessary to prevent the thing being 29
used to continue, or repeat, an offence. 30
s 20 52 s 20
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`101H Access to seized thing 1
`(1) Until a seized thing is forfeited or returned, a rail safety officer must 2
allow its owner to inspect it and, if it is a document, to copy it. 3
`(2) Subsection (1) does not apply if it is impracticable or would be 4
unreasonable to allow the inspection or copying. 5
`Division 6--Forfeiture 6
`101I Forfeiture by rail safety officer 7
`(1) A sample or thing taken for analysis under section 100P(3)(d),15 or a 8
thing seized under division 5, is forfeited to the State if the rail safety 9
officer who took, or arranged the taking of, the sample or thing or who 10
seized the thing-- 11
(a) after making reasonable efforts, can not return it to its owner; or 12
(b) after making reasonable inquiries, can not find its owner. 13
`(2) For subsection (1), the officer is not required to-- 14
(a) make efforts if it would be unreasonable to make efforts to return 15
the sample or thing to its owner; or 16
(b) make inquiries if it would be unreasonable to make inquiries to 17
find the owner. 18
19
Example for paragraph (b)--
20
The owner of the sample or thing has migrated to another country.
`(3) Regard must be had to the sample's or thing's condition, nature and 21
value in deciding-- 22
(a) whether it is reasonable to make efforts or inquiries; and 23
(b) if efforts or inquiries are made--what efforts or inquiries, 24
including the period over which they are made, are reasonable. 25
`(4) In this section-- 26
"owner", for a sample or a thing taken for analysis, means the person in 27
charge of the thing or place from which the sample or thing was taken. 28
15 Section 100P (General powers after entering place)
s 20 53 s 20
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`101J Forfeiture on conviction 1
`(1) On conviction of a person for a railway offence, the court may order 2
the forfeiture to the State of anything owned by the person and seized under 3
division 5. 4
`(2) The court may make any order to enforce the forfeiture it considers 5
appropriate. 6
`(3) This section does not limit the court's powers under the Penalties 7
and Sentences Act 1992 or another law. 8
`101K Dealing with forfeited sample or thing 9
`(1) On forfeiture of a sample or thing to the State, the sample or thing 10
becomes the State's property and may be dealt with by the chief executive 11
in a way the chief executive reasonably believes is appropriate. 12
`(2) Without limiting subsection (1), the chief executive may destroy or 13
dispose of the sample or thing. 14
`Division 7--Other powers 15
`101L Power to require name and address 16
`(1) A rail safety officer may require a person to state the person's name 17
and residential or business address if the officer-- 18
(a) finds the person committing a railway offence; or 19
(b) finds the person in circumstances that lead, or has information 20
that leads, the officer to reasonably suspect the person has just 21
committed a railway offence; or 22
(c) finds the person at a railway workplace, reasonably believes the 23
person is an employee of an accredited person and reasonably 24
considers that it is necessary for the purposes of a railway 25
provision to know the person's name and residential or business 26
address. 27
`(2) When making the requirement, the officer must warn the person it is 28
an offence to fail to state the person's name or address unless the person 29
has a reasonable excuse. 30
s 20 54 s 20
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`(3) The officer may also require the person to give evidence of the 1
correctness of the stated name or required address if the officer reasonably 2
suspects the stated name or address is false. 3
`101M Failure to give name or address 4
`(1) A person of whom a requirement is made under section 101L(1) 5
or (3) must comply with the requirement, unless the person has a 6
reasonable excuse. 7
Maximum penalty--40 penalty units. 8
`(2) A person does not commit an offence against subsection (1) if-- 9
(a) the requirement was given because the rail safety officer 10
reasonably suspected the person had committed a railway 11
offence; and 12
(b) the person is not proved to have committed the railway offence. 13
`101N Power to require information about contravention 14
`(1) This section applies if a rail safety officer reasonably believes-- 15
(a) a railway provision has been contravened; and 16
(b) a person may be able to give information about the 17
contravention. 18
`(2) The officer may require the person to give information within the 19
person's knowledge about the contravention in a stated reasonable time 20
and in a stated reasonable way. 21
`(3) When making a requirement under subsection (2), the officer must 22
warn the person it is an offence to fail to comply with the requirement 23
unless the person has a reasonable excuse. 24
`101O Failure to give information about contravention 25
`(1) A person of whom a requirement is made under section 101N must 26
comply with the requirement, unless the person has a reasonable excuse. 27
Maximum penalty--60 penalty units. 28
s 20 55 s 20
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`(2) If the person is an individual, it is a reasonable excuse for the person 1
not to comply with the requirement if complying with the requirement 2
might tend to incriminate the person. 3
`101P Power to require production of documents 4
`(1) A rail safety officer may require an accredited person to make 5
available for inspection by the officer, or produce to the officer for 6
inspection, at a stated reasonable time and place, a document-- 7
(a) that is required to be kept by the accredited person under the 8
approved safety management system for a railway managed, or 9
for the operation of rolling stock on a railway, by the accredited 10
person; or 11
(b) that is prepared under the approved safety management system 12
for a railway managed, or for the operation of rolling stock on a 13
railway, by the accredited person and that the officer reasonably 14
believes is necessary for the officer to consider to understand or 15
verify a document that is required to be kept under the system. 16
17
Example for paragraph (b)--
18
The approved safety management system may require testing of equipment
19
as part of a scheduled maintenance program and a record of the results of
20
the test to be kept. If an item of equipment is tested under the approved
21
safety management system, the document that states the results of the test
22
is a document prepared under the approved safety management system.
`(2) When making a requirement under subsection (1), the officer must 23
warn the person it is an offence to fail to comply with the requirement, 24
unless the person has a reasonable excuse. 25
`(3) The officer may keep the document to copy it but must return the 26
document to the accredited person after copying it. 27
`101Q Failure to produce document 28
`(1) A person required to make available, or produce, for inspection a 29
document under section 101P must comply with the requirement, unless 30
the person has a reasonable excuse. 31
Maximum penalty--60 penalty units. 32
`(2) It is not a reasonable excuse for a person that complying with the 33
requirement might tend to incriminate the person. 34
s 20 56 s 20
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`Division 8--Offences relating to rail safety officers 1
`101R False or misleading statements 2
`(1) A person must not state anything to a rail safety officer, in relation 3
to the officer's exercise of a power under a railway provision, that the 4
person knows is false or misleading in a material particular. 5
Maximum penalty--200 penalty units. 6
`(2) In a proceeding for an offence against subsection (1), it is enough to 7
state that the statement made was `false or misleading' to the person's 8
knowledge, without specifying which. 9
`101S False or misleading documents 10
`(1) A person must not give a rail safety officer a document containing 11
information the person knows is false or misleading in a material 12
particular. 13
Maximum penalty--200 penalty units. 14
`(2) Subsection (1) does not apply to a person if the person when giving 15
the document-- 16
(a) tells the officer to the best of the person's ability, how it is false or 17
misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information--gives the correct information. 20
`(3) In a proceeding for an offence against subsection (1), it is enough to 21
state the document was `false or misleading' to the person's knowledge, 22
without specifying which. 23
`101T Obstruction of rail safety officer 24
`(1) A person must not obstruct a rail safety officer, in relation to the 25
officer's exercise of a power under a railway provision, unless the person 26
has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
s 20 57 s 20
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`(2) If a person has obstructed a rail safety officer and the officer decides 1
to proceed with the exercise of the power, the officer must warn the person 2
that-- 3
(a) it is an offence to obstruct the officer unless the person has a 4
reasonable excuse; and 5
(b) the officer reasonably believes the person's conduct is an 6
obstruction. 7
`(3) In this section-- 8
"obstruct" includes assault, hinder, resist and attempt or threaten to 9
obstruct. 10
`101U Impersonating a rail safety officer 11
`A person must not pretend to be a rail safety officer. 12
Maximum penalty--100 penalty units. 13
`Division 9--Notice of damage and compensation 14
`101V Notice of damage 15
`(1) This section applies if-- 16
(a) a rail safety officer damages something when exercising, or 17
purporting to exercise, a power under a railway provision; or 18
(b) a person acting under the direction or authority of the officer 19
damages something. 20
`(2) The officer must give a signed notice to the person who appears to 21
the officer to be the owner or person in possession of the thing. 22
`(3) If for any reason it is not practicable to comply with subsection (2), 23
the officer must leave the notice in a conspicuous position and in a 24
reasonably secure way at the place where the damage happened. 25
`(4) The notice must state-- 26
(a) the particulars of the damage; and 27
(b) that the person who suffered the damage may claim 28
compensation under section 101W. 29
s 21 58 s 21
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`(5) If the officer reasonably believes the damage was caused by a latent 1
defect in the thing or other circumstances beyond the control of the officer 2
or person acting under the direction or authority of the officer, the officer 3
may state the belief in the notice. 4
`(6) However, a rail safety officer need not comply with this section if 5
the officer reasonably believes the damage is trivial. 6
`101W Compensation 7
`(1) This section applies if a person incurs loss or damage because of the 8
exercise, or purported exercise, of a power under a railway provision, other 9
than because of a forfeiture under section 101I or 101J.16 10
`(2) The person is entitled to be paid the reasonable compensation 11
because of the loss or damage that is agreed between the chief executive 12
and the person, or failing agreement, decided by a court. 13
`(3) Compensation may be claimed and ordered to be paid in a 14
proceeding-- 15
(a) brought in a court with jurisdiction for the recovery of the 16
amount of compensation claimed; or 17
(b) for a railway offence brought against the person claiming 18
compensation. 19
`(4) A court may order compensation to be paid only if satisfied it is just 20
to make the order in the circumstances of the particular case.'. 21
21 Insertion of new s 101X
Clause 22
Chapter 6, part 6, division 1-- 23
insert-- 24
`101X Reporting serious incidents 25
`(1) If an accredited person for a railway becomes aware that a serious 26
incident has happened on or involving the railway, the person must report 27
the incident to the chief executive under guidelines made under 28
subsection (2). 29
16 Section 101I (Forfeiture by rail safety officer) or 101J (Forfeiture on conviction)
s 22 59 s 22
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Maximum penalty--200 penalty units. 1
`(2) The chief executive may make, and give to all accredited persons, 2
written guidelines-- 3
(a) to which they are to have regard in deciding whether an incident 4
is one to which subsection (1) applies; or 5
(b) about the information that must be included in reports under the 6
subsection; or 7
(c) about the times within which reports must be made to the chief 8
executive; or 9
(d) about the form in which reports must be made. 10
11
Example for subsection (2)--
12
A guideline may include a form and require that, within 2 hours of an accredited person
13
for a railway becoming aware of a serious incident on or involving the railway, the person
14
must fax the form to a number stated on the form, or telephone a telephone number stated
15
on the form and tell the person answering the phone the information stated on the form.
`(3) In making a guideline, the chief executive must consult with all 16
accredited persons. 17
`(4) A guideline has no effect unless the Minister notifies the making of 18
the guideline. 19
`(5) The notice must state the places where copies of the guideline, and 20
the provisions of any document applied, adopted or incorporated by the 21
guideline, are available for inspection, without charge, during normal 22
business hours. 23
`(6) The notice is subordinate legislation.'. 24
22 Amendment of s 102 (Request for report or incident details)
Clause 25
(1) Section 102(1), from `that'-- 26
omit, insert-- 27
`that-- 28
(a) a serious incident on or involving a railway may have happened 29
even if the incident has not been reported; or 30
(b) an incident, other than a serious incident, on or involving a 31
railway may have happened.'. 32
(2) Section 102(3), penalty-- 33
s 23 60 s 24
Transport Infrastructure and Another Act Amendment
Bill 2003
omit, insert-- 1
`Maximum penalty for subsection (3)--200 penalty units.'. 2
23 Amendment of s 103 (Investigations by authorised person)
Clause 3
(1) Section 103, heading, `authorised person'-- 4
omit, insert-- 5
`rail safety officer'. 6
(2) Section 103(1)(b), after `incident'-- 7
insert-- 8
`, or an incident other than a serious incident,'. 9
(3) Section 103(2), `an authorised person for the railway'-- 10
omit, insert-- 11
`a rail safety officer'. 12
(4) Section 103(3) and (4), `authorised person'-- 13
omit, insert-- 14
`officer'. 15
(5) Section 103(4), after `chief executive'-- 16
insert-- 17
`, including whether or not the officer reasonably considers the incident a 18
serious incident and the reasons for considering the incident a serious 19
incident'. 20
24 Amendment of s 104 (Power of authorised person to investigate
Clause 21
incident) 22
(1) Section 104, heading, `authorised person'-- 23
omit, insert-- 24
`rail safety officer'. 25
(2) Section 104(1)(b), `an authorised person for the railway'-- 26
omit, insert-- 27
s 25 61 s 25
Transport Infrastructure and Another Act Amendment
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`a rail safety officer'. 1
(3) Section 104(2) to (5) and (6A), `authorised person'-- 2
omit, insert-- 3
`officer'. 4
(4) Section 104(3) and (4), `who'-- 5
omit, insert-- 6
`whom'. 7
(5) Section 104(5), `the person'-- 8
omit, insert-- 9
`the officer'. 10
(6) Section 104(8), penalty-- 11
omit, insert-- 12
`Maximum penalty--200 penalty units.'. 13
(7) Section 104(9), `an authorised person'-- 14
omit, insert-- 15
`a rail safety officer'. 16
25 Amendment of s 109 (Compensation)
Clause 17
(1) Section 109(1), `an authorised person for a railway'-- 18
omit, insert-- 19
`a rail safety officer'. 20
(2) Section 109(6), definition "employing authority", `an authorised 21
person'-- 22
omit, insert-- 23
`a rail safety officer'. 24
(3) Section 109(6), definition "employing authority", paragraph (a)-- 25
omit, insert-- 26
`(a) if the officer is an employee of an accredited person--the 27
accredited person; or'. 28
s 26 62 s 29
Transport Infrastructure and Another Act Amendment
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26 Amendment of s 113 (Chief executive to arrange for services of
Clause 1
staff and financial matters for board of inquiry) 2
Section 113(a), `authorised persons for a railway'-- 3
omit, insert-- 4
`rail safety officers'. 5
27 Amendment of s 114 (Authorised person may exercise powers for
Clause 6
board's inquiry) 7
(1) Section 114, heading, `Authorised person'-- 8
omit, insert-- 9
`Rail safety officer'. 10
(2) Section 114(1), `an authorised person for a railway'-- 11
omit, insert-- 12
`a rail safety officer'. 13
(3) Section 114(2), from `The person' to `division 2'-- 14
omit, insert-- 15
`The rail safety officer may exercise powers under a railway provision'. 16
28 Amendment of s 144 (Interfering with railway)
Clause 17
Section 144(1)(b)-- 18
omit, insert-- 19
`(b) the interference is permitted or authorised under section 142 or a 20
railway provision.'. 21
29 Amendment of s 151 (Non-accredited railways)
Clause 22
Section 151(7) and (9), `this Act'-- 23
omit, insert-- 24
`a railway provision'. 25
s 30 63 s 30
Transport Infrastructure and Another Act Amendment
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30 Insertion of new ss 152A152D
Clause 1
Chapter 6, part 8, after section 152-- 2
insert-- 3
`152A Limitation of liability for chief executive and rail safety 4
authorised officers 5
`(1) The chief executive and each rail safety officer is not civilly liable 6
for an act or omission done honestly and without negligence under a 7
railway provision. 8
`(2) If subsection (1) prevents a civil liability attaching to a person, the 9
liability instead attaches to-- 10
(a) for a rail safety officer who is an employee of an accredited 11
person for a railway, to the extent the officer's act or omission 12
arose because of the exercise or purported exercise of a power 13
under part 617 involving an incident on or involving the 14
railway--the accredited person; or 15
(b) in any other case--the State. 16
`152B Helping in accidents or emergencies 17
`(1) This section applies if a person-- 18
(a) helps, or attempts to help, in a situation in which an accident or 19
emergency involving a railway happens or is likely to happen; 20
and 21
(b) the help, or attempt to help, is given-- 22
(i) honestly and without negligence; and 23
(ii) without any fee, charge or other reward. 24
`(2) The person does not incur civil liability for helping or attempting to 25
help. 26
`(3) If subsection (2) prevents civil liability attaching to a person, the 27
liability attaches instead to the State. 28
`(4) This section does not apply to-- 29
17 Part 6 (Railway incidents)
s 30 64 s 30
Transport Infrastructure and Another Act Amendment
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(a) a person whose act or omission wholly or partly caused the 1
accident, emergency or likely accident or emergency; or 2
(b) a rail safety officer. 3
`152C Delayed passenger services 4
`(1) A railway manager must endeavour to bring a passenger service that 5
is delayed back to its scheduled running time. 6
`(2) In complying with subsection (1), a railway manager must not 7
distinguish between different types of regularly scheduled passenger 8
services. 9
`(3) Subsection (2) does not limit the matters that the railway manager 10
may consider as relevant when complying with subsection (1). 11
12
Examples of relevant matter--
13
1. A train transporting livestock.
14
2. Train service entitlements for services other than passenger services.
`152D Priority for regularly scheduled passenger services in 15
allocating train paths 16
`(1) The chief executive may establish a process that regularly allows the 17
chief executive to identify passenger service requirements. 18
`(2) For the process established under subsection (1), the chief executive 19
may, by written notice to a railway manager, require the railway manager to 20
give to the chief executive information about-- 21
(a) the total number of train paths that is possible for a specific 22
section of railway track having regard to the railway manager's 23
maintenance requirements; and 24
(b) the existing train paths that are the subject of agreements with 25
railway operators for access to that specific section of railway 26
track; and 27
(c) the usage of the existing train paths on that specific section of 28
railway track. 29
`(3) After identifying passenger service requirements, the chief executive 30
may give written notice to each accredited person about the passenger 31
service requirements relevant to the railway manager's railway. 32
s 31 65 s 31
Transport Infrastructure and Another Act Amendment
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`(4) A railway manager given a notice under subsection (3) must, 1
whenever a train path is available for the railway manager to allocate, 2
provide for priority to be given to the passenger service requirements as 3
stated in the notice. 4
`(5) In complying with subsection (4), a railway manager must not 5
distinguish between different types of regularly scheduled passenger 6
services. 7
`(6) In charging for access to regularly scheduled passenger services (an 8
"access charge"), a railway manager must not-- 9
(a) differentiate between similar regularly scheduled passenger 10
services operating or proposed to operate over the same route at 11
different times of the day; or 12
(b) set an access charge for a train path that is greater than the access 13
charge set for similar train paths on the same route. 14
`(7) In this section-- 15
"available", in relation to the allocation of a train path, includes-- 16
(a) a new train path available for allocation because of 17
rearrangements of train operations or new or upgraded 18
infrastructure; and 19
(b) reallocating an existing train path. 20
"infrastructure" includes rail transport infrastructure and other rail 21
infrastructure. 22
"passenger service requirements" means requirements for train paths for 23
the following-- 24
(a) regularly scheduled passenger services on railway track in the 25
State; 26
(b) rolling stock that is to be used for a regularly scheduled 27
passenger service and is being relocated for the purpose of 28
providing the service.'. 29
31 Amendment of s 180ZZZN (Application of ch 6, pt 6 and other
Clause 30
provisions) 31
Section 180ZZZN(2)(c), `an authorised person for a railway'-- 32
s 32 66 s 34
Transport Infrastructure and Another Act Amendment
Bill 2003
omit, insert-- 1
`a rail safety officer'. 2
32 Amendment of s 192 (No need to prove appointments)
Clause 3
Section 192, from `an authorised'-- 4
omit, insert-- 5
`any of the following-- 6
(a) an authorised person; 7
(b) an authorised person for a light rail; 8
(c) an authorised person for a railway; 9
(d) a rail safety officer; 10
(e) an authorised person, or officer, appointed under a regulation as 11
an authorised person, or officer, relating to a matter as stated in 12
the regulation.'. 13
33 Amendment of s 193 (Prosecutions for railway offences)
Clause 14
Section 193, heading, `railway offences'-- 15
omit, insert-- 16
`offences committed while travelling on a railway'. 17
34 Replacement of s 200A (Numbering and renumbering of Act)
Clause 18
Section 200A-- 19
omit, insert-- 20
`200A Renumbering of Act 21
`(1) On the commencement of this section, the provisions of this Act are 22
amended by numbering and renumbering them in the same way as a reprint 23
may be numbered and renumbered under the Reprints Act 1992, section 43. 24
`(2) Subsection (1) applies to a provision of this Act enacted or 25
otherwise affected (a "relevant provision") by a provision of an amending 26
Act enacted but uncommenced when subsection (1) is commenced (the 27
s 35 67 s 36
Transport Infrastructure and Another Act Amendment
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"uncommenced provision"), with the following intent for the relevant 1
provision-- 2
(a) if the number of the relevant provision would have changed 3
under subsection (1) had the uncommenced provision 4
commenced-- 5
(i) a number is allocated to the relevant provision as if the 6
uncommenced provision had commenced; and 7
(ii) when the uncommenced provision commences, the number 8
of the relevant provision is amended by omitting it and 9
inserting the number allocated to it under subparagraph (i); 10
(b) if the relevant provision would have been omitted or relocated 11
had the uncommenced provision commenced, its number 12
remains the same as it was before the commencement of 13
subsection (1) until the omission or relocation takes effect. 14
`(3) Without limiting the Reprints Act 1992, section 43(4), each 15
reference in this Act, and each reference in another Act mentioned in 16
schedule 2B to a provision of this Act renumbered under subsection (1), is 17
amended, when the renumbering happens, by omitting the reference to the 18
previous number and inserting the new number. 19
`(4) This section and schedule 2B expire on the later of the following-- 20
(a) the day after the commencement of the last numbering or 21
renumbering of a provision done under the section; 22
(b) 31 December 2003. 23
`(5) In this section-- 24
"amending Act" means an Act that amends this Act.'. 25
35 Omission of ch 10, pt 1, pt 2 hdg and pt 2, div 2 hdg
Clause 26
Chapter 10, part 1, part 2 heading and part 2, division 2 heading-- 27
omit. 28
36 Insertion of new ch 11, pt 3
Clause 29
After section 267-- 30
insert-- 31
s 36 68 s 36
Transport Infrastructure and Another Act Amendment
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`PART 3--TRANSITIONAL PROVISIONS FOR THE 1
TRANSPORT INFRASTRUCTURE AND ANOTHER ACT 2
AMENDMENT ACT 2003 3
`268 Application of part 4
`This part applies in addition to the Acts Interpretation Act 1954, part 6.18 5
`269 Definitions for pt 3 6
`In this part-- 7
"commencement" means commencement of this section. 8
"continuing accredited person" means a person who was an accredited 9
person for chapter 6 immediately before the commencement. 10
"previous", in relation to a numbered provision, means the provision of 11
this Act with that number as in force immediately before the 12
commencement. 13
`270 Inclusion of s 80A 14
`The inclusion of section 80A19 does not affect or limit the interpretation 15
of this Act in relation to a matter arising before the commencement. 16
`271 Approved safety management system for person who is accredited 17
at commencement 18
`(1) This section applies to the safety management system that the chief 19
executive considered appropriate at the time of considering the application 20
for accreditation of a continuing accredited person, as that system was in 21
force immediately before the commencement. 22
`(2) The safety management system is the approved safety management 23
system for a railway managed, or for the operation of rolling stock on a 24
railway, by the continuing accredited person. 25
18 Part 6 (Amendment and repeal of Acts)
19 Section 80A (Part does not create civil cause of action)
s 36 69 s 36
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`(3) For section 88C,20 the anniversary day for a continuing accredited 1
person is the day the person was accredited under the Act as in force at any 2
time before the commencement. 3
`272 Certificate of accreditation given before commencement 4
`(1) If a document about a continuing accredited person's accreditation 5
was issued to the person under this Act before the commencement and it 6
purported to be a certificate of accreditation, the document is the person's 7
certificate of accreditation. 8
`(2) If a document purporting to be a certificate of accreditation was not 9
issued to a continuing accredited person before the commencement, the 10
chief executive must issue a certificate of accreditation to the accredited 11
person before the end of 6 months after the commencement. 12
`273 Annual levy before commencement 13
`(1) This section applies to a notice under previous section 84A(3) 21
14
given to an accredited person before the commencement. 15
`(2) After the commencement, the notice is a notice under 16
section 84A(3) and is not invalid only because it does not comply with that 17
subsection. 18
`274 Accreditation conditions 19
`(1) This section applies to an accreditation under previous section 8522 20
as the accreditation exists immediately before the commencement. 21
`(2) The accreditation continues to be subject to the conditions to which 22
the accreditation was subject immediately before the commencement. 23
`(3) Subsection (2) is subject to an express provision of this Act or a 24
regulation condition. 25
26
Example of the application of subsection (2)--
20 Section 88C (Accredited person to review approved safety management system each
year and related matters)
21 The heading for section 84A (Annual levy) does not change.
22 The heading for section 85 (Accreditation conditions) does not change.
s 36 70 s 36
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1
If an accreditation before the commencement contained conditions about the accredited
2
person's financial capacity or public risk insurance arrangements, those conditions may
3
not apply to the extent they are inconsistent with section 88E.23
`275 How to deal with application for amending accreditation 4
conditions made before commencement 5
`(1) This section applies to an application made under previous 6
section 88 for which the chief executive has not granted, or refused to 7
grant, the amendment before the commencement. 8
`(2) The application is to be dealt with by the chief executive as-- 9
(a) to the extent the application relates to the accredited person's 10
safety management system--an application under section 88A;24 11
and 12
(b) to the extent the application relates to matters other than the 13
accredited person's safety management system--an application 14
under section 88.25 15
`276 Actions to amend accreditation conditions without application or 16
to suspend or cancel accreditation 17
`(1) This section applies to an accreditation if-- 18
(a) the chief executive had given the accredited person a notice 19
under previous section 8926 or 9027 before the commencement; 20
and 21
(b) the proceeding started by the giving of the notice has not been 22
completed before the commencement. 23
23 Section 88E (Financial capacity or insurance arrangements to meet potential
accident liabilities)
24 Section 88A (Amendment of approved safety management system)
25 Section 88 (Amendment of imposed conditions)
26 Previous section 89 (Amending accreditation conditions without application)
27 Previous section 90 (Suspending or cancelling accreditation)
s 36 71 s 36
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`(2) The proceeding that the notice starts is to be continued and 1
completed under chapter 6, part 4, division 728 as if the notice were a show 2
cause notice under that division. 3
`(3) If the notice under previous section 90(2) was given at the same time 4
as a notice under previous section 91,29 the suspension under previous 5
section 91 continues until the proceeding following the giving of the notice 6
is completed under section 93E or 93F.30 7
`277 Appeals 8
`(1) This section applies to a person if, before the commencement, the 9
person may-- 10
(a) ask the chief executive to review a decision under 11
section 196(1);31 or 12
(b) appeal against a reviewed decision under section 196(4). 13
`(2) The person's rights as mentioned in subsection (1) continue after the 14
commencement subject to any limitations applicable before the 15
commencement. 16
`(3) Subsection (2) applies whether or not the person has done either of 17
the things mentioned in subsection (1) before the commencement. 18
`(4) For an application for a review or an appeal by a person to whom 19
this section applies, when either the chief executive or an appeal court is 20
exercising powers under the Transport Planning and Coordination Act 21
1994, part 5,32 the chief executive or appeal court must exercise those 22
powers as if the right to make the application or appeal arose after the 23
commencement.'. 24
28 Chapter 6 (Rail transport infrastructure and other matters), part 4 (Accreditation),
division 7 (Disciplinary action against accredited persons)
29 Previous section 91 (Immediate suspension of accreditation)
30 Section 93E (Action by chief executive) or 93F (Decision by chief executive not to
take action under s 93E)
31 Section 196 (Review of and appeals against decisions)
32 Transport Planning and Coordination Act 1994, part 5 (Review of and appeals
against decisions)
s 37 72 s 38
Transport Infrastructure and Another Act Amendment
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37 Amendment of sch 1 (Subject matter for regulations)
Clause 1
(1) Schedule 1-- 2
insert-- 3
`10A. Regulation of safety issues relating to managing a railway or 4
operating rolling stock on a railway. 5
`10B. Conditions to which an accreditation is subject.'. 6
(2) Schedule 1, item 14(b)-- 7
omit, insert-- 8
`(b) on a railway against the directions of an accredited person for the 9
railway.'. 10
(3) Schedule 1, item 16, after `by'-- 11
insert-- 12
`a rail safety officer or'. 13
38 Amendment of sch 2 (Reviews and appeals)
Clause 14
Schedule 2-- 15
insert-- 16
`88A(2) Refusal to approve a proposed amendment District or
to approved safety management system Magistrates
88D(2) Refusal to approve a proposed safety District or
management system Magistrates
89(2) Decision about a matter relating to rail District or
safety that can not be agreed on by partiesMagistrates
90D(1) Decision to give a safety direction District or
Magistrates
91A(1) A written direction to do or not to do an District or
act Magistrates
91B(1) Telling a person to do or not to do an act District or
Magistrates
s 39 73 s 39
Transport Infrastructure and Another Act Amendment
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93D(2) Immediate suspension of accreditation District or
Magistrates
93E(2) Direction to apply for amendment of an District or
approved safety management system, or Magistrates'.
suspension, variation or cancellation of
accreditation
39 Insertion of new sch 2B
Clause 1
After schedule 2A-- 2
insert-- 3
`SCHEDULE 2B 4
`RENUMBERED CROSS REFERENCES 5
section 200A 6
BEACH PROTECTION ACT 1968 7
1. Section 42 8
CENTURY ZINC PROJECT ACT 1997 9
1. Section 11(1) 10
s 39 74 s 39
Transport Infrastructure and Another Act Amendment
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COASTAL PROTECTION AND MANAGEMENT ACT 1
1995 2
1. Schedule 2, definition "port authority" 3
FORESTRY ACT 1959 4
1. Section 88(2E) 5
FREEDOM OF INFORMATION ACT 1992 6
1. Schedule 2, item 1 7
INTEGRATED PLANNING ACT 1997 8
1. Section 6.1.54(8), definition "road condition" and "State-controlled 9
road" 10
2. Schedule 8, sections 4A, 19, 20 and 21 11
JUDICIAL REVIEW ACT 1991 12
1. Schedule 1, part 1, item 8 13
2. Schedule 6, item 1 14
s 39 75 s 39
Transport Infrastructure and Another Act Amendment
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LAND TAX ACT 1915 1
1. Section 13(1)(n)(ii) and (5), definition "port authority" 2
LOCAL GOVERNMENT ACT 1993 3
1. Section 919(3) 4
2. Section 955A, definition "Kuranda rail operator" 5
MINERAL RESOURCES ACT 1989 6
1. Schedule, definition "owner" and "State-controlled road" 7
QUEENSLAND COMPETITION AUTHORITY ACT 1997 8
1. Schedule, definition "port infrastructure" and "rail transport 9
infrastructure" 10
QUEENSLAND HERITAGE AND OTHER LEGISLATION 11
AMENDMENT ACT 2003 12
1. Section 35 13
s 39 76 s 39
Transport Infrastructure and Another Act Amendment
Bill 2003
SUGAR INDUSTRY ACT 1999 1
1. Section 75(1)(a)(iii) 2
TRANSPORT (GLADSTONE EAST END TO HARBOUR 3
CORRIDOR) ACT 1996 4
1. Section 6(4) and (5) 5
TRANSPORT OPERATIONS (PASSENGER 6
TRANSPORT) ACT 1994 7
1. Section 126D(1)(c) 8
2. Section 126H(1)(a) 9
3. Section 126I(1) 10
4. Section 126J(1) 11
5. Section 126K(1)(a) 12
6. Section 127(1)(a) 13
7. Section 129(2) 14
8. Section 137(7), definition "railway legislation" 15
9. Section 140(1)(a) 16
10. Section 153A(1) 17
11. Section 154K(1)(a)(ii) 18
12. Schedule 3, definition "dangerous goods" and "road works" 19
s 40 77 s 40
Transport Infrastructure and Another Act Amendment
Bill 2003
TRANSPORT PLANNING AND COORDINATION ACT 1
1994 2
1. Section 3, definition "busway transport infrastructure", "light rail 3
transport infrastructure" and "transport land" 4
2. Section 25(3)(d)'. 5
40 Amendment of sch 3 (Dictionary)
Clause 6
(1) Schedule 3, definitions "approved form", "authorised person" and 7
"rolling stock"-- 8
omit. 9
(2) Schedule 3-- 10
insert-- 11
`"accepted representations", for chapter 6, part 4, see section 80B. 12
"accreditation" means-- 13
(a) for a railway--accreditation granted under section 84 as a 14
railway manager or railway operator; or 15
(b) for light rail--accreditation given under section 180ZZZB as a 16
light rail manager or light rail operator. 17
"approved form" means a form approved by the chief executive under 18
section 190A. 19
"approved safety management system", for chapter 6, part 4, see 20
section 80C. 21
"audit program", for chapter 6, part 4, see section 80B. 22
"authorised officer", for a person who is appointed under a regulation as 23
an officer relating to a matter as stated in the regulation, means a 24
person appointed under the regulation as an officer for the matter. 25
"authorised person", other than for a railway or light rail, means-- 26
(a) for a person who is appointed under a regulation as an authorised 27
person relating to a matter as stated in the regulation--a person 28
appointed under the regulation as an authorised person for the 29
matter; or 30
s 40 78 s 40
Transport Infrastructure and Another Act Amendment
Bill 2003
(b) otherwise--a person who is an authorised person under the 1
Transport Operations (Passenger Transport) Act 1994, 2
section 111.33 3
"authorised person for a light rail" means a person who is an authorised 4
person for a light rail under the Transport Operations (Passenger 5
Transport) Act 1994, section 116(2A).34 6
"authorised person for a railway" means a person who is an authorised 7
person for a railway under the Transport Operations (Passenger 8
Transport) Act 1994, section 116(1) or (2). 9
"certificate of accreditation", for chapter 6, part 4 and section 272, see 10
section 80B. 11
"commencement", for chapter 11, part 3, see section 269. 12
"continuing accredited person", for chapter 11, part 3, see section 269. 13
"disciplinary action", for chapter 6, part 4, see section 80B. 14
"dispute matter", for chapter 6, part 4, see section 80B. 15
"employee", for section 24A and chapter 6, parts 4, 6 and 8, see 16
section 80B. 17
"enter", relating to rolling stock, for chapter 6, part 5A, see section 100A. 18
"imposed condition", for chapter 6, part 4, see section 80B. 19
"incident" means an incident that has caused or could have caused-- 20
(a) property damage; or 21
(b) injury to an individual, including death. 22
"interim minor amendment", for chapter 6, part 4, see section 80B. 23
"place", for chapter 6, part 5A, see section 100A. 24
"previous", for chapter 11, part 3, see section 269. 25
"proposed action", for chapter 6, part 4, see section 80B. 26
"public place", for chapter 6, part 5A, see section 100A. 27
33 Transport Operations (Passenger Transport) Act 1994, section 111 (Appointment of
authorised persons etc.)
34 Transport Operations (Passenger Transport) Act 1994, section 116 (Appointment of
authorised persons for railways or light rail)
s 40 79 s 40
Transport Infrastructure and Another Act Amendment
Bill 2003
"Queensland Competition Authority" means the Queensland 1
Competition Authority established under the Queensland Competition 2
Authority Act 1997, section 5. 3
"rail safety officer" means a person who is appointed as a rail safety 4
officer under section 100B. 5
"railway offence" means-- 6
(a) an offence against a provision of chapter 6, parts 4, 5A or 6; or 7
(b) an attempt to commit an offence against a provision mentioned in 8
paragraph (a). 9
"railway provision" means a provision of chapter 6, parts 4, 5A or 6. 10
"railway workplace", for chapter 6, part 5A, see section 100A. 11
"regulation condition", for chapter 6, part 4, see section 80B. 12
"representation period", for chapter 6, part 4, see section 80B. 13
"rolling stock" means a vehicle, including, for example, a train and light 14
rail vehicle, that operates on a railway or light rail and is used, or is 15
proposed to be used, for either of the following purposes-- 16
(a) transporting passengers or freight on a railway or light rail track; 17
or 18
(b) maintenance work, or other work associated with, a railway or 19
light rail. 20
"safety direction", for chapter 6, part 4, see section 80B. 21
"show cause notice", for chapter 6, part 4, see section 80B. 22
"show cause period", for chapter 6, part 4, see section 80B. 23
"signed notice" means a written notice signed by the person giving the 24
notice. 25
"suspend", for chapter 6, part 4, see section 80B.'. 26
(3) Schedule 3, definition, "railway", `section 80'-- 27
omit, insert-- 28
`section 80B'. 29
s 41 80 s 44
Transport Infrastructure and Another Act Amendment
Bill 2003
PART 3--AMENDMENT OF TRANSPORT 1
OPERATIONS (PASSENGER TRANSPORT) ACT 1994 2
41 Act amended in pt 3
Clause 3
This part amends the Transport Operations (Passenger Transport) Act 4
1994. 5
42 Amendment of s 115 (Protection from liability)
Clause 6
Section 115(2), after `Act'-- 7
insert-- 8
`or under the Transport Infrastructure Act 1994'. 9
43 Amendment of s 116 (Appointment of authorised persons for
Clause 10
railways or light rail) 11
Section 116(2)(a) to (c)-- 12
omit, insert-- 13
`(a) a public service employee; 14
(b) an employee of, or a contractor for, the railway manager or 15
railway operator relating to the railway; 16
(c) an employee of a contractor mentioned in paragraph (b); 17
(d) another person as prescribed under a regulation.'. 18
44 Amendment of s 117 (Identity cards)
Clause 19
(1) Section 117(2), `116(2)(a) or (b)'-- 20
omit, insert-- 21
`116(2)(b) and (c)'. 22
s 44 81 s 44
Transport Infrastructure and Another Act Amendment
Bill 2003
(2) Section 117(2A)-- 1
omit. 2
© State of Queensland 2003
AMENDMENTS TO BILL
1
Transport Infrastructure and Another Act Amendment
Bill 2003
TRANSPORT INFRASTRUCTURE AND
ANOTHER ACT AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 30--
At page 63, line 5, `authorised'--
omit.
2 Clause 38--
At page 72, lines 15 and 16--
omit, insert--
`Schedule 2, entries for decisions under sections 89(3), 89(7), 90(3) and
91(2)--
omit, insert--'.
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