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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013)

Table of Provisions

PART 1--PRELIMINARY

PART 2--APPLICATION OF RAIL SAFETY NATIONAL LAW

PART 3--THE REGULATOR

Division 1--Ministerial declarations as to service level agreements

Division 2--Modifications to the Law following Ministerial declaration

Division 3--Transition between regulators on the basis of Ministerial declarations

  • 16 Definitions  
  • 17 Regulatory instrument of previous regulator is taken to be instrument of new regulator  
  • 18 Compliance and enforcement instrument of previous regulator is taken to be instrument of new regulator  
  • 19 Regulator direction of previous regulator is taken to be direction of new regulator  
  • 20 Things done and commenced by previous regulator  
  • 21 Applications  
  • 22 Appointment of enforcement officials by regulators  
  • 23 Appointment of persons to review decisions of regulator  
  • 24 Infringement notices  
  • 25 Rail safety undertakings  
  • 26 Written agreements to withdraw or vary rail safety undertakings  
  • 27 Delegations by the Safety Director  
  • 28 Delegations by the National Rail Safety Regulator  
  • 29 Power to require production of documents and to answer questions  
  • 30 Forfeiture of seized things—reasonable inquiries  
  • 31 Forfeiture of seized things—reasonable efforts  
  • 32 Applications for the return of seized things  
  • 33 Improvement notices  
  • 34 Prohibition notices  
  • 35 Proceedings  
  • 36 Provision of information and assistance by the previous regulator to the new regulator  
  • 37 References to the previous regulator in documents  
  • 38 Regulations dealing with further transitional matters  

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

  • 53 Definitions  

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

  • 60 Definitions  

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  

Division 15--Transport (Compliance and Miscellaneous) Act 1983

  • 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

  • 97 Repeal of 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  

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 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

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