Queensland Consolidated Acts

TRANSPORT (RAIL SAFETY) ACT 2010

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Objects and application of Act

   3.      Objects
   4.      Ways this Act achieves its objects
   5.      Application of Act generally
   6.      Application of Act to circumstances to which Electrical Safety Act applies
   7.      Act binds all persons

           Division 3--Interpretation

   8.      Definitions
   9.      Meaning of railway operations
   10.     Meaning of rail safety work
   11.     Corresponding laws

           Division 4--Ensuring rail safety

   12.     Ensuring rail safety

           Part 2--Relationship with Work Health and Safety Act

   13.     Purpose of pt 2
   14.     Application of this Act in circumstances to which Work Health and Safety Act applies
   15.     Safety directions and relationship with Work Health and Safety Act
   16.     Compliance with this Act is no defence for Work Health and Safety Act

           Part 3--Rail safety duties

           Division 1--Preliminary matters

   17.     Duty applying to more than 1 person
   18.     Person may owe rail safety duties in more than 1 capacity
   19.     Civil liability not affected by this part

           Division 2--Rail transport operators and particular contractors

   20.     Explanation of div 2
   21.     Application of div 2
   22.     Meaning of prescribed railway operations
   23.     Concept of ensuring that rail safety is not affected by prescribed railway operations
   24.     Duty to ensure rail safety
   25.     When rail transport operator fails to discharge duty
   26.     When rail infrastructure manager fails to discharge duty
   27.     When rolling stock operator fails to discharge duty
   28.     Duty of rail transport operator extends to contractors

           Division 3--Rail safety workers
           Subdivision 1--Preliminary

   29.     Explanation of div 3
   30.     Definition for div 3
   31.     Particular provisions of Criminal Code do not apply
           Subdivision 2--Duties
   32.     Duty to take reasonable care for particular rail safety work
   33.     Duty to comply with relevant operator's instructions
   34.     Duty to not interfere with or misuse things provided by relevant operator
   35.     Duty to not place safety of others at risk
           Subdivision 3--Defences
   36.     Compliance with regulation etc.
   37.     Causes over which person has no control

           Part 4--Other requirements relating to safety of railway operations

           Division 1--Preliminary

   38.     Civil liability not affected by this part

           Division 2--Accreditation requirement
           Subdivision 1--Requirement to be accredited

   39.     Accreditation required for railway operations
           Subdivision 2--Exemption for related body corporate
   40.     Accreditation not required for related body corporate
           Subdivision 3--Exemption for private sidings
   41.     Accreditation not required for particular railway operations on or at private siding
           Subdivision 4--Exemption for particular railway operations on application
   42.     Exemption may be granted
   43.     Application for exemption
   44.     What applicant must demonstrate and conditions that may be imposed
   45.     Considering application
   46.     Steps after application decided
   47.     Effect of exemption
   48.     Operator etc. must not contravene condition of exemption
   49.     Grounds for varying, suspending or revoking exemption
   50.     Procedure for varying, suspending or revoking exemption
   51.     Suspending exemption immediately
           Subdivision 5--Provisions about particular private sidings
   52.     Application of sdiv 5
   53.     Definitions for sdiv 5
   54.     Connection or access between private siding and accredited railway
   55.     Particular private sidings required to be registered
   56.     Prescribed registration conditions
   57.     Compliance with registration conditions for private siding
   58.     Annual registration fees
   59.     Interface coordination for registered private siding
   60.     Chief executive may cancel registration of private siding
           Subdivision 6--Exemption notices
   61.     Requirement to obtain exemption notice

           Division 3--Requirements about safety management
           Subdivision 1--Application

   62.     Application of div 3
           Subdivision 2--Safety management system
   63.     Requirement to have and implement safety management system
   64.     General requirements for safety management system
   65.     Review of safety management system
   66.     Consultation requirement
   67.     Operator must not contravene safety management system
   68.     Contractor must not contravene safety management system
   69.     Chief executive may direct amendment of safety management system
           Subdivision 3--Safety performance reports
   70.     Requirement to give safety performance report
           Subdivision 4--Interface coordination
   71.     Meaning and scope of interface agreements
   72.     Rail transport operator's obligation relating to another rail transport operator's railway operations
   73.     Rail infrastructure manager's obligation relating to rail or road crossing for a public road
   74.     Rail infrastructure manager's obligation relating to rail or road crossing for a private road
   75.     Responsible road manager's obligation relating to rail or road crossing for a public road
   76.     Responsible road manager's obligation relating to rail or road crossing for a private road
   77.     Chief executive may give notice about failure to enter into interface agreement
   78.     Chief executive may give direction about arrangement that is to apply
   79.     Register of interface arrangements
   80.     Notifying other party about particular matters
           Subdivision 5--Management plans
   81.     Requirement to have and implement security management plan
   82.     Requirement to have and implement emergency management plan
           Subdivision 6--Management programs
   83.     Requirement to have and implement health and fitness management program
   84.     Requirement to have and implement alcohol and drug management program
   85.     Requirement to have and implement fatigue management program
           Subdivision 7--Other requirements about safety management
   86.     Testing for presence of alcohol or drugs
   87.     Assessment of competence
   88.     Identification for rail safety workers

           Division 4--Information giving requirements

   89.     Application of div 4
   90.     Chief executive may require particular information
   91.     Requirement to give prescribed information

           Division 5--Investigating and reporting requirements

   92.     Application of div 5
   93.     Notification of particular occurrences
   94.     Investigation of particular occurrences
   95.     Report of investigation under s 94

           Division 6--Keeping documents and making them available for inspection

   96.     Relevant documents must be kept and made available for inspection

           Part 5--Accreditation

           Division 1--Preliminary

   97.     Purpose of accreditation
   98.     Accreditation criteria
   99.     Accreditation may be granted

           Division 2--Applying for accreditation

   100.    Application for accreditation
   101.    What applicant for accreditation must demonstrate
   102.    Coordination of applications between operators
   103.    Coordination of decisions between rail safety regulators
   104.    Considering application
   105.    Steps after application decided

           Division 3--Conditions of accreditation

   106.    Prescribed accreditation conditions
   107.    Breach of accreditation condition

           Division 4--Fees payable for accreditation

   108.    Annual accreditation fees

           Division 5--Suspending, revoking or varying accreditation
           Subdivision 1--Suspension, revocation or variation of conditions by chief executive

   109.    Grounds for suspending or revoking accreditation
   110.    Procedure for suspending or revoking accreditation
   111.    Suspending accreditation immediately
   112.    Varying conditions of accreditation
           Subdivision 2--Variation of accreditation on application by accredited person
   113.    Application for variation of accreditation
   114.    Requirement to consult with affected rail transport operators
   115.    Coordination of decisions between rail safety regulators
   116.    Considering application for variation
   117.    Steps after application for variation decided
           Subdivision 3--Variation of condition of accreditation on application by accredited person
   118.    Application for variation of conditions
   119.    Requirement to consult with affected rail transport operators
   120.    Coordination of decisions between rail safety regulators
   121.    Considering application for variation of condition
   122.    Steps after application for variation of condition decided

           Division 6--Other provisions about accreditation

   123.    Consolidated accreditation notice
   124.    Surrender of accreditation
   125.    Accreditation can not be transferred to or vested in another person
   126.    Applications for accreditation if railway operations sold or transferred by accredited person

           Part 6--Administration

           Division 1--Functions and powers of chief executive
           Subdivision 1--General functions and powers

   127.    Functions of chief executive
   128.    Information to be included in annual reports
   129.    Chief executive may exercise powers of rail safety officers
           Subdivision 2--Auditing railway operations
   130.    Audit of railway operations of rail transport operators
           Subdivision 3--Provisions about access disputes relating to rail safety
   131.    Definitions for sdiv 3
   132.    Chief executive may decide matters on request
   133.    Notice of dispute under agreement for access
   134.    Safety matter directions for disputes under agreement for access
   135.    Procedure for giving safety matter direction
   136.    Compliance with safety matter direction

           Division 2--Rail safety officers

   137.    Appointment of persons as rail safety officers
   138.    Appointment conditions and limit on powers
   139.    Issue of identity card
   140.    Production or display of identity card
   141.    When rail safety officer ceases to hold office
   142.    Resignation
   143.    Return of identity card

           Division 3--Reciprocal powers

   144.    Reciprocal powers of rail safety officers

           Part 7--Enforcement

           Division 1--Entry to places by rail safety officers

   145.    Power to enter places
   146.    Procedure for entry with consent
   147.    General procedure for other entries without warrant
   148.    Application for warrant
   149.    Issue of warrant
   150.    Application by electronic communication and duplicate warrant
   151.    Defect in relation to a warrant
   152.    Warrants—procedure before entry

           Division 2--General enforcement powers

   153.    General powers after entering a place
   154.    Procedure before entering or opening rolling stock or road vehicle
   155.    Power to require reasonable help or information
   156.    Power to stop or move rolling stock or a road vehicle that may be entered or opened
   157.    Other powers about rolling stock or road vehicles that may be entered
   158.    Power to use electronic equipment at the place entered
   159.    Power to use equipment at the place entered to examine or process things
   160.    Power to secure a site

           Division 3--Seizing evidence
           Subdivision 1--Powers to seize evidence

   161.    Seizing evidence at a place entered without consent or warrant
   162.    Seizing evidence at a place entered with consent or warrant
           Subdivision 2--Powers to support seizure
   163.    Securing seized things
   164.    Tampering with seized thing
   165.    Powers to support seizure
   166.    Rail safety officer may require thing's return
           Subdivision 3--Other provisions about seizure
   167.    Receipt for seized things
   168.    Access to seized thing
   169.    Return of seized things

           Division 4--Embargo notices for things that can not be seized

   170.    Application of div 4
   171.    Rail safety officer may issue embargo notice
   172.    Contravening embargo notice

           Division 5--Forfeiture

   173.    Forfeiture by rail safety officer
   174.    Forfeiture on conviction
   175.    Dealing with forfeited sample or thing

           Division 6--Other powers

   176.    Power to require name and address
   177.    Failure to give name or address
   178.    Power to require production of documents
   179.    Failure to produce document
   180.    Use of particular evidence in proceedings
   181.    Power to require information about contravention
   182.    Failure to give information about contravention

           Division 7--Investigation of notifiable and other occurrences
           Subdivision 1--Investigation and report

   183.    Chief executive may require investigation by rail safety officer
   184.    Report of investigation
           Subdivision 2--Powers of rail safety officer conducting investigation
   185.    Application of sdiv 2
   186.    Definition for sdiv 2
   187.    Power to require help
   188.    Power to require answers to questions or production of document or other thing
   189.    Power to require alcohol or drug test or examination
   190.    Requirement to give warning when making requirement of individual
   191.    Failure to comply with requirement
   192.    Use of particular evidence in proceedings

           Division 8--Improvement notices

   193.    Rail safety officer may give improvement notice
   194.    What improvement notice may require
   195.    What improvement notice must state
   196.    Compliance with improvement notice
   197.    Amendment of improvement notice
   198.    Proceedings for offences not affected by improvement notice
   199.    Chief executive may arrange for rail safety work not carried out

           Division 9--Prohibition notices

   200.    Rail safety officer may give prohibition notice
   201.    What prohibition notice may require
   202.    What prohibition notice must state
   203.    Compliance with prohibition notice
   204.    Oral direction before prohibition notice given
   205.    Amendment of prohibition notice
   206.    Proceedings for offences not affected by prohibition notice

           Division 10--Damage to property in exercising powers under this part

   207.    Notice of damage
   208.    Compensation

           Division 11--Miscellaneous

   209.    Only reasonable force may be used
   210.    Only police officers may use force against a person

           Part 8--Boards of inquiry

           Division 1--General

   211.    Minister may establish or re-establish board of inquiry
   212.    Role of board of inquiry
   213.    Conditions of appointment of members
   214.    Chief executive to arrange for services of staff and financial matters for board of inquiry
   215.    Rail safety officer may exercise powers for inquiry

           Division 2--Conduct of inquiry

   216.    Procedure
   217.    Notice of inquiry
   218.    Inquiry to be held in public other than in special circumstances
   219.    Protection of members, legal representatives and witnesses
   220.    Record of proceedings to be kept
   221.    Procedural fairness and representation
   222.    Board of inquiry's powers on inquiry
   223.    Notice to witness
   224.    Inspection of documents or things
   225.    Inquiry may continue despite court proceedings unless otherwise ordered
   226.    Offences by witnesses
   227.    Self-incrimination
   228.    Contempt of board of inquiry
   229.    Change of membership

           Part 9--Provisions about particular investigations or inquiries

           Division 1--Interpretation

   230.    Definitions for pt 9
   231.    Meaning of relevant person

           Division 2--Protection of particular information
           Subdivision 1--Limitations on disclosure etc. of restricted information

   232.    Prohibition on recording or disclosure of restricted information by relevant persons
   233.    Prohibition on recording or disclosure of restricted information by other persons
   234.    Exceptions to prohibitions on recording or disclosure of restricted information
   235.    Court can not require disclosure of restricted information
   236.    Court may direct no publication or communication of restricted information

           Subdivision 2--Particular disclosure etc. of restricted information authorised

   237.    Release of restricted information for ensuring rail safety
   238.    Authorisation of coroner to have access to restricted information
   239.    Chief executive may authorise persons to have access to restricted information

           Division 3--Provisions about relevant persons

   240.    Certification by chief executive of relevant person's involvement in investigation or inquiry
   241.    Relevant persons not compellable as witnesses

           Part 10--Other offences and provisions about liability for offences

           Division 1--Offence about discrimination or victimisation

   242.    Discrimination against or victimisation of employees
   243.    Order for damages or reinstatement

           Division 2--Offences about false or misleading information

   244.    False or misleading statements
   245.    False or misleading documents

           Division 3--Other offences

   246.    Obstruction of officials
   247.    Concealing document or other thing
   248.    Impersonating a rail safety officer
   249.    Interfering with equipment, rail infrastructure or rolling stock
   250.    Using brake or emergency device
   251.    Stopping a train or tram
   252.    Notification requirement for prescribed persons

           Division 4--Provisions about liability for offences

   253.    Multiple offences
   254.    Responsibility for acts or omissions of representative
   255.    Executive officers must ensure corporation complies with Act
   256.    Daily penalty for continuing offences
   257.    Compliance with conditions of accreditation
   258.    Compliance with compliance code

           Part 11--Internal and external review

   259.    Internal review of decisions
   260.    External review of decisions

           Part 12--Legal proceedings

           Division 1--Application

   261.    Application of pt 12

           Division 2--Evidence

   262.    Evidence from records required to be kept under Act
   263.    Evidence about reciprocal powers agreement
   264.    Evidence of other matters
   265.    Proof of appointment and authority unnecessary
   266.    Proof of signature unnecessary

           Division 3--Proceedings

   267.    Proceedings for offences

           Part 12A--Protection for whistleblowers

   267A.   Application of pt 12A
   267B.   General limitation
   267C.   Liability for conduct unaffected

           Part 13--General

           Division 1--Confidentiality

   268.    Giving information to WHS chief executive
   269.    Confidentiality

           Division 2--Protection from liability

   270.    Particular persons acting under this Act
   271.    Particular persons acting under prescribed corresponding law
   272.    Persons helping in accidents or emergencies
   273.    Registered health practitioners advising on fitness of rail safety worker

           Division 3--Compliance codes

   274.    Making compliance codes
   275.    Civil liability not affected by compliance code
   276.    Use of compliance code in proceedings

           Division 4--Rail safety undertakings

   277.    Meaning of rail safety undertaking
   278.    Chief executive may accept undertakings
   279.    Enforcement of undertakings

           Division 5--Miscellaneous

   280.    Records to be kept by chief executive
   281.    Recovery of amounts payable under Act
   282.    Contracting out prohibited
   283.    Approval of forms
   284.    Regulation-making power
   285.    Temporary regulation-making power

           Part 14--Transitional provisions

           Division 1--Definitions

   286.    Definitions for pt 14

           Division 2--Accreditation

   287.    Approved safety management system
   288.    Changes to approved safety management system
   289.    Application of Act to transitioned approved safety management system
   290.    Continuing effect of existing accreditations
   291.    Existing applications for accreditation
   292.    Unpaid annual levy
   293.    Existing applications for amendment of conditions of accreditation
   294.    Notices about financial capacity or public risk insurance arrangements
   295.    Requirement to notify cancellations etc. of particular agreements
   296.    Decisions about matters relating to access to rail transport infrastructure
   297.    Existing guidelines about matters relating to access to rail transport infrastructure
   298.    Dealing with disputes about access to rail transport infrastructure if no safety direction given
   299.    Continuing effect of safety directions
   300.    Existing audit program
   301.    Existing inspections under audit program
   302.    Disciplinary action against accredited persons
   303.    Requirement about remedying breach of accreditation condition

           Division 3--Administration, compliance and enforcement

   304.    Rail safety officers
   305.    Existing warrants
   306.    Sample or thing taken for analysis
   307.    Dealing with seized property
   308.    Requirements about moving things
   309.    Request for report or incident details
   310.    Existing investigations about particular incidents
   311.    Uncommenced investigations about particular incidents
   312.    Existing inquiries about particular incidents
   313.    Uncommenced inquiries about particular incidents

           Division 4--Restricted information

   314.    Restricted information
   315.    Certificates of relevant person's involvement in investigation

           Division 5--Internal and external reviews
           Subdivision 1--Internal and external reviews relating to access to rail transport infrastructure

   316.    Internal reviews about decisions relating to access to rail transport infrastructure
   317.    External reviews about decisions relating to access to rail transport infrastructure
           Subdivision 2--Other internal and external reviews
   318.    Internal reviews about particular decisions
   319.    Effect of internal review decision generally
   320.    External reviews about particular decisions
   321.    Effect of external review decision generally
   322.    Further effect of internal or external review decision about approved safety management systems
   323.    Further effect of internal or external review decision about amendment of accreditation
   324.    Further effect of internal or external review decision about imposition of conditions on accreditation
   325.    Further effect of internal or external review decision about direction to amend safety management system
   326.    Further effect of internal or external review decision about amendment, suspension or cancellation of accreditation

           Division 6--Other transitional provision

   327.    Transitional regulation-making power
           SCHEDULE 2 -- INTERNAL AND EXTERNAL REVIEWS
           SCHEDULE 3 -- DICTIONARY
           Endnotes