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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013

Table of Provisions

PART 1--PRELIMINARY

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

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

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

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  

Division 4--General

  • 212 Provision of information and assistance by the Safety Director to the Regulator  
  • ENDNOTES

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