RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 5 Transport Integration Act 2010
PART 2--APPLICATION OF RAIL SAFETY NATIONAL LAW
- 6 Application of Rail Safety National Law
- 7 Interpretation of certain expressions
- 8 Meaning of court
- 10 No double jeopardy
- 11 Exclusion of legislation of this jurisdiction
- 12 Disallowance of national regulations
PART 4--MODIFICATIONS TO THE RAIL SAFETY NATIONAL LAW AND ADDITIONAL REQUIREMENTS
Division 1A--Additional rail safety duties
- 40A Rail safety duties of persons providing railway operations by means of contracted personnel
Division 2--Due diligence modification
- 41 National due diligence offence does not apply in Victoria
Division 5--Additional compliance and enforcement requirements
- 44 Application
- 45 Magistrates' Court Act 1989 applies to search warrants under the Law
- 46 Abrogation of self-incrimination—derivative use immunity applies
Division 6--Review of decisions
- 47 VCAT is the reviewing entity
Division 7--Other matters
- 48 Authorisation of information disclosure in relation to notifiable occurrences
PART 4A--ALCOHOL AND DRUG CONTROLS FOR RAIL SAFETY WORKERS
Division 1--Preliminary matters
- 48A Definitions
- 48B Approval of person to take blood samples for the purposes of the Law and this Part
- 48C Assessment of drug impairment modification
- 48D Presumptions in relation to presence of concentrations of alcohol and other drugs
- 48E When a rail safety worker is not to be taken to be impaired
- 48F When a rail safety worker is to be regarded as being about to carry out rail safety work
- 48G Findings of guilt and convictions and subsequent offences
Division 2--Offences and related evidentiary matters
- 48H Additional offences involving alcohol and drugs
- 48I Additional circumstances when rail safety workers may be convicted or found guilty
- 48J Evidence as to effect of the consumption of alcohol or consumption or use of a drug
- 48K Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work
Division 3--Testing and analysis
- 48L Additional matters for preliminary breath tests
- 48M Additional matters for breath analyses
- 48N Evidentiary matters relating to breath analysis
- 48O Assessment of drug impairment
- 48P Procedure for assessments of drug impairment
- 48Q Drug screening tests
- 48R Oral fluid analysis
- 48S Provision of oral fluid samples for oral fluid analysis
- 48T Part of oral fluid sample to be delivered to rail safety worker if drugs detected
- 48U Rail safety worker required to provide oral fluid sample may request sample of blood to be taken
- 48V Authorised person may require blood sample if oral fluid sample insufficient
- 48W Evidentiary matters relating to oral fluid analysis
- 48X Blood and urine tests
- 48Y Rail safety worker may request sample of blood to be taken for analysis
- 48Z Destruction of identifying information
- 48ZA Blood samples to be taken in certain cases
Division 4--Evidentiary provisions
- 48ZB Evidentiary provisions—blood tests
- 48ZC Evidentiary provisions—oral fluid samples
- 48ZD Evidentiary provisions—breath tests
Division 5--Other matters
- 48ZE Approvals
PART 5--MISCELLANEOUS
Division 1--Director and officer criminal liability
- 49 Criminal liability of officers of bodies corporate—failure to exercise due diligence
Division 2--Other matters
- 50 Corporations Act displacement
Division 3--Regulations
- 51 Regulations
PART 7--SAVINGS AND TRANSITIONALS
Division 1--Preliminary matters
- 98 Definitions
- 99 Application of Interpretation of Legislation Act 1984
Division 2--Transition from the Rail Safety Act 2006
- 100 Declaration of drug
- 101 Approval of persons to take blood samples
- 102 Safety management systems
- 103 Consultations for the purpose of safety management systems
- 104 System and arrangements established by an old scheme rail operator who is exempt from accreditation
- 105 Directions to stop rail operation or utility works
- 106 Directions to alter, demolish or take away works
- 107 Safety interface agreements—rail operations
- 108 Safety interface agreements—rail infrastructure and public roadways or pathways
- 109 Safety interface agreements—rail infrastructure and relevant roadways or pathways
- 110 Safety interface agreements—assessment by road managers of public roadways or pathways
- 111 Safety interface agreements—assessment by road managers of relevant roadways or pathways
- 112 Written notices of Safety Director in relation to safety interface agreements
- 113 Directions of Safety Director in relation to safety interface agreements
- 114 Registers of safety interface agreements
- 115 Accredited rail operators are accredited persons
- 116 Accreditations under Rail Safety Act 2006 are accreditations under the Law
- 117 Accreditations to be registered in National Rail Safety Register
- 118 Applications for accreditation
- 119 Directions to coordinate accreditation applications
- 120 Discretionary applications for variations of accreditation
- 121 Mandatory applications for variations of accreditation
- 122 Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director
- 123 Suspended accreditations
- 124 Surrender of accreditation
Division 3--Transition of pending internal review decisions under Rail Safety Act 2006
- 125 Review of decision to refuse to accredit
- 126 Review of decision to give direction to co-ordinate applications
- 127 Review of decision to impose condition or restriction on accreditation
- 128 Review of decision to refuse to vary or revoke condition or restriction of accreditation
- 129 Review of decision to refuse to vary accreditation
- 130 Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation
- 131 Review of decision to consent to surrender of accreditation
- 132 Review of decision to immediately suspend accreditation
- 133 Review of decision to take disciplinary action—imposition of new condition or restriction
- 134 Review of decision to take disciplinary action—imposition of expiry date on accreditation
- 135 Review of decision to take disciplinary action—suspension
- 136 Review of decision to take disciplinary action—cancellation
- 137 Review of decision to refuse to grant exemption from requirement to be accredited
- 138 Review of decision to revoke exemption from requirement to be accredited
Division 4--Transition from the Transport (Compliance and Miscellaneous) Act 1983
- 139 Securing a site
- 140 Things seized under seizure power
- 141 Things seized under a search warrant
- 142 Search warrant
- 143 Power to require production of documents and to answer questions
- 144 Direction to provide reasonable assistance
- 145 Powers to support seizure
- 146 Power to direct a thing's return
- 147 Receipt of seized things
- 148 Improvement notices
- 149 Prohibition notices
- 150 Oral directions given before a prohibition notice is served
- 151 Enforceable undertakings
- 152 Withdrawal or variation of enforceable undertakings
- 153 Reviewable decision—service of improvement notice
- 154 Reviewable decision—service of prohibition notice
Division 6--Private siding accreditation exemptions
- 156 Rail infrastructure manager holding private siding exemption is a registered person under Law
Division 7--Other matters
- 158 Provision of information and assistance by the Safety Director to the Regulator
PART 8--SAVINGS AND TRANSITIONALS--RAIL SAFETY LEGISLATION AMENDMENT (NATIONAL SERVICES DELIVERY AND RELATED REFORMS) ACT 2019
Division 1--Preliminary
- 159 Definitions
- 160 Application of Interpretation of Legislation Act 1984
Division 2--Transition from the Rail Safety (Local Operations) Act 2006
- 161 Persons approved to take blood samples
- 162 Safety management systems
- 163 Consultations for the purpose of safety management systems
- 164 System and arrangements established by transitioning rail operator who is exempt from accreditation
- 165 Safety audits
- 166 Directions to stop railway operations or utility works
- 167 Directions to alter, demolish or take away works
- 168 Safety interface agreements—railway operations
- 169 Safety interface agreements—rail infrastructure and public roadways or pathways
- 170 Safety interface agreements—rail infrastructure and relevant roadways or pathways
- 171 Safety interface agreements—assessment by relevant road authorities of public roadways or pathways
- 172 Safety interface agreements—assessment by relevant road authorities of relevant roadways or pathways
- 173 Written notices of Safety Director in relation to safety interface agreements
- 174 Directions of Safety Director in relation to safety interface agreements
- 175 Registers of safety interface agreements
- 176 Accredited rail transport operators are accredited persons
- 177 Accreditations under Rail Safety (Local Operations) Act 2006 are accreditations under the Law
- 178 Accreditations to be registered in National Rail Safety Register
- 179 Applications for accreditation
- 180 Directions to coordinate accreditation applications
- 181 Emergency plan
- 182 Discretionary applications for variations of accreditation
- 183 Mandatory applications for variations of accreditation
- 184 Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director
- 185 Surrender of accreditation
- 186 Suspended accreditations
- 187 Cancellations of accreditations that have not taken effect
- 188 Accreditation of rail infrastructure managers of registered private sidings that are freight terminals
- 189 Pending applications for internal review
- 190 Internal review of decision to take disciplinary action—imposition of new condition or restriction
- 191 Internal review of decision to take disciplinary action—imposition of expiry date on accreditation
- 192 Internal review of decision to take disciplinary action—suspension
- 193 Internal review of decision to take disciplinary action—cancellation
Division 3--Transition on amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014
- 194 Things seized under seizure power
- 195 Securing a site or restricting access to rolling stock
- 196 Things seized under a search warrant
- 197 Search warrant
- 198 Direction to require production of document
- 199 Powers to support seizure
- 200 Power to direct a things return
- 201 Receipt of seized things
- 202 Power to require production of documents and to answer questions
- 203 Improvement notices
- 204 Prohibition notices
- 205 Non-disturbance notices
- 206 Injunctions for non-compliance with notices
- 207 Enforceable undertakings
- 208 Pending applications for internal review
- 209 Internal review of decision to serve clearance certificate—improvement notice
- 210 Internal review of decision to serve certificate—prohibition notice
- 211 Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day