RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013)
Table of Provisions
PART 1--PRELIMINARY
PART 3--THE REGULATOR
Division 2--Modifications to the Law following Ministerial declaration
Division 3--Transition between regulators on the basis of Ministerial declarations
PART 4--MODIFICATIONS TO THE RAIL SAFETY NATIONAL LAW AND ADDITIONAL REQUIREMENTS
Division 1--Definition modifications
Division 2--Due diligence modification
- 41 National due diligence offence does not apply in Victoria
Division 3--Delegation power modification
- 42 Restrictions on ONRSR and Regulator delegation powers
Division 4--Alcohol and drug controls for rail safety workers
- 43 Part 6 of the Rail Safety (Local Operations) Act 2006 forms part of the Law with modifications
Division 5--Additional compliance and enforcement requirements
Division 6--Review of decisions
- 47 VCAT is the reviewing entity
Division 7--Infringement notices
- 48 Certain infringements from national infringement notice regime do not apply
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
PART 6--AMENDMENT OF OTHER ACTS
Division 1--EastLink Project Act 2004
Division 2--Electricity Industry Act 2000
- 54 Definitions for the purposes of Part 5
- 55 Notification of electricity corporations before rail operations carried out
Division 3--Electricity Safety Act 1998
Division 4--Gas Industry Act 2001
- 57 New section 147A substituted
- 58 Notification of gas distribution and transmission companies before railway operations carried out
Division 5--Interpretation of Legislation Act 1984
- 59 New section 38FA inserted
Division 6--Major Transport Projects Facilitation Act 2009
Division 7--Melbourne City Link Act 1995
- 61 Definitions
- 62 Approvals of public bodies not required
Division 8--Rail Management Act 1996
- 63 Definitions for the purposes of Part 2A
- 64 Decisions must not interfere with certain directions of the Safety Director
- 65 Relevant rail operator to whom this section applies may clear trees without obtaining permit
Division 9--Road Management Act 2004
Division 10--Road Safety Act 1986
- 74 Disclosure of information
Division 11--Tourist and Heritage Railways Act 2010
- 75 Definitions
- 76 Regulations
Division 12--Water Act 1989
Division 13--Criminal Procedure Act 2009
- 80 Indictable offences that may be heard and determined summarily
Division 14--Transport Integration Act 2010
- 81 Definitions
- 82 Object of Director, Transport Safety
- 83 Functions of Director, Transport Safety
- 84 Information disclosure by Director, Transport Safety
- 85 Delegation by Director, Transport Safety
- 86 New section 180 substituted
- 87 Functions of the Chief Investigator, Transport Safety
- 88 New section 182A inserted
- 89 Definitions for the purposes of Part 7A
- 90 Financial assistance to train drivers following fatal incidents
- 91 Application of definitions to Part relating to Chief Investigator, Transport Safety
- 92 Replacement of out of date reference to Executive Director of Transport Safety Investigations
- 93 New definition of rail safety worker substituted
- 94 New definition of safety work infringement substituted
- 95 Inclusion of reference to the Rail Safety National Law Application Act 2013 and National Law
- 96 Release on the giving of a safety undertaking
Division 16--Repeal of amending Part
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
- 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 5--Exemption from requirement to be accredited
- 155 Regional Rail Link entities are exempted from the requirement to be accredited for 3 years
Division 6--Private siding accreditation exemptions
Division 7--Other matters