RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - As at 1 July 2023 - Act 4 of 2017
- As at 1 July 2023
- Act 4 of 2017
Table of Provisions
PART 1 - PRELIMINARY
PART 3 - DRUG AND ALCOHOL TESTING PROCEDURES
Division 1 - Interpretation
- 15 Definitions for part
- 16 Qualified assistants
- 17 How to read particular references in national law, pt 3, div 9
- 18 Using breath sample to find blood alcohol concentration
Division 2 - Application of national law, part 3, division 9 and this part
- 19 Application of national law, ss 126 and 127
- 20 Limitation on when authorised person may exercise powers in relation to train driver
Division 3 - Provision of specimens of breath or saliva for preliminary test
- 21 Requirement to submit to preliminary test
- 22 Direction to provide specimen of breath or saliva
- 23 Direction to provide additional specimen of breath or saliva
- 24 Time limit on giving direction to provide specimen for preliminary testing
- 25 Limitation on direction to provide specimen for preliminary testing—prescribed medical certificate
Division 4 - Provision of specimens of breath or saliva for analysis or blood for testing
- 26 Application of division
- 27 Requirement to submit to breath analysis, saliva analysis or blood test
- 28 Direction to provide specimen of breath, saliva or blood
- 29 Direction to provide additional specimens of breath, saliva or blood
- 30 Direction to provide specimen of breath at police station
- 31 Time limit on commencing breath or saliva analysis or blood test
- 32 Limitation on direction to provide specimen of breath or saliva for analysis—prescribed medical certificate
- 33 Rail safety worker may request duplicate specimen of saliva or blood
- 34 Requirements for providing specimen of breath or saliva for analysis
- 35 Compliance with direction to provide specimen of blood for laboratory test
- 36 Health care professional may take specimen of blood without consent
Division 5 - Conduct of analysis and testing of specimens
- 37 Who may operate breath analysing instrument
- 38 Delivery of specimen to laboratory
Division 6 - Evidentiary matters
Subdivision 1 - Evidence of breath analysis
- 39 Breath analysis certificate
- 40 Evidence from breath analysing instrument
Subdivision 2 - Evidence about submission to breath analysis, saliva analysis or blood test
- 41 Certificate about requirement to submit to breath analysis, saliva analysis or blood test
- 42 Certificate about failure to provide specimen of breath or saliva for analysis
- 43 Certificate about failure to allow health care professional to take specimen of blood
- 44 Requirement to give certificate to rail safety worker and authorised person
- 45 Certificate evidence
Subdivision 3 - Evidence about laboratory testing
- 46 Analyst’s certificate
- 47 Requirement to give analyst’s certificate to authorised person and rail safety worker
- 48 Evidence from laboratory test
- 49 Production of analyst’s certificate
- 50 Evidentiary provision for laboratory equipment
Subdivision 4 - Other evidentiary matters
- 51 Certificate by health care professional about taking of specimen
- 52 Certificate by particular person is evidence of matters relating to that person
Division 7 - Provisions about particular types of evidence obtained under this part
- 53 Admissibility of evidence of alcohol or drug in proceedings for particular offences
- 54 Defendant to give notice of intention to lead evidence of particular matters
- 55 Particular persons may be required to attend hearing with leave of court
Division 8 - Miscellaneous
- 58 Definition for part
- 59 Rail safety investigation fees
- 60 Requirement to give chief executive information
- 61 Recovery of rail safety investigation fees
PART 5 - MISCELLANEOUS
- 62 Provision of information or assistance by chief executive or ONRSR
- 63 Regulation-making power
PART 6 - REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Repeal of Transport (Rail Safety) Act 2010
Division 2 - Transitional provisions for Act No. 4 of 2017
Subdivision 1 - Preliminary
- 65 Definition for division
Subdivision 2 - Applicable railway operations
- 66 Railway operations to which repealed Act did not apply
Subdivision 3 - Exemptions
- 67 Exemption for related bodies corporate
- 68 Exemption for particular railway operations
- 69 Compliance with registration conditions
- 70 Application for exemption
- 71 Consideration of and decision on application
- 72 Variation, suspension or revocation of exemption
- 73 Procedure for varying, suspending or revoking exemption
Subdivision 4 - Private sidings
- 74 Connection between private siding and accredited railway
- 75 Registration
- 76 Compliance with registration conditions
- 77 Annual registration fee
- 78 Interface coordination for registered private siding
Subdivision 5 - Safety management systems and safety performance reports
- 79 Compliant safety management system
- 80 Agreement about timing of review of safety management system
- 81 Requirement to give safety performance report
Subdivision 6 - Interface coordination
- 82 Definitions for subdivision
- 83 Interface agreements
- 84 Rail infrastructure manager’s obligation relating to rail or road crossing for private road
- 85 Chief executive’s notice about failure to enter into interface agreement
- 86 Chief executive’s direction about arrangement that is to apply
- 87 Register of interface arrangements
Subdivision 7 - Management plans and programs
- 88 Compliant security management plan
- 89 Compliant emergency management plan
- 90 Compliant health and fitness management program
- 91 Compliant alcohol and drug management program
- 92 Compliant fatigue management program
Subdivision 8 - Competence and identification of rail safety workers
- 93 Compliance with requirements for assessment of competence
- 94 Identification for rail safety workers
Subdivision 9 - Investigating and reporting requirements
- 95 Notification of particular occurrence
- 96 Investigation of particular occurrence
Subdivision 10 - Accreditation
- 97 Accreditation for railway operations
- 98 Application for accreditation
- 99 Coordination of application between rail transport operators
- 100 Consideration of and decision on application
- 101 Compliance with accreditation conditions
- 102 Annual accreditation fee
- 103 Suspension for non-payment of fee
- 104 Suspension or revocation of accreditation
- 105 Procedure for suspending or revoking accreditation
- 106 Immediate suspension of accreditation
- 107 Variation of conditions on Regulator’s initiative
- 108 Application for variation of accreditation
- 109 Consultation with affected rail transport operators
- 110 Consideration of and decision on application for variation of accreditation
- 111 Application for variation of conditions
- 112 Consultation with affected rail transport operators
- 113 Consideration of and decision on application for variation of condition
- 114 Surrender of accreditation
Subdivision 11 - Access disputes relating to rail safety
- 115 Request for chief executive to decide safety matter
- 116 Chief executive given notice about dispute matter
- 117 Compliance with safety matter direction
Subdivision 12 - Rail safety officers
- 118 Appointments
- 119 Identity cards
Subdivision 13 - Enforcement
- 120 Continuation of repealed Act for compliance or investigative purposes
- 121 Completion of investigations required by chief executive to be investigated
- 122 Completion of other investigations
- 123 Improvement notices
- 124 Prohibition notices
Subdivision 14 - Boards of inquiry
- 125 Completion of inquiries
Subdivision 15 - Provisions about particular investigations or inquiries
- 126 Restricted information
- 127 Certificates of relevant person’s involvement in investigation
Subdivision 16 - Internal and external review
- 128 Internal review of decisions
- 129 External review of decisions
Subdivision 17 - Matters under repealed Act, part 13
- 130 Rail safety undertakings
- 131 Recovery of amounts payable under repealed Act
Subdivision 18 - Miscellaneous
- 132 (Expired)
- 133 Acts Interpretation Act 1954 not affected
Division 3 - Validation provision
