{"id":"rail-commissioner-act-2009","name":"Rail Commissioner Act 2009","slug":"rail-commissioner-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106477,"registerId":"sa-rail-commissioner-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rail Commissioner Act 2009","content":"South Australia\nRail Commissioner Act 2009\nAn Act to establish the Rail Commissioner; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Rail Commissioner\nDivision 1—Establishment of Rail Commissioner\n4\tEstablishment of Rail Commissioner\n5\tAppointment etc of Rail Commissioner\n6\tMinisterial direction\nDivision 2—Functions\n7\tFunctions\nDivision 3—Special powers\n8\tPower to enter, inspect etc railway premises etc\n9\tPower to acquire land etc\n10\tPower to carry out works\n11\tPower to close or limit use of railways\nDivision 4—Miscellaneous\n12\tStaff\n13\tDelegation\n14\tConflict of interest\n15\tCommon seal and execution of documents\n15A\tAnnual report\nPart 3—Miscellaneous\n16\tPrecedence over roads\n16A\tStanding approvals etc\n17\tInconsistency of by-laws\n18\tRegulations\nSchedule 1—Transitional provisions\nPart 4—Transitional provision\n6\tReferences to Rail Commissioner\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Rail Commissioner Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nCommissioner means the Rail Commissioner established under this Act;\ncouncil means a council constituted under the Local Government Act 1999;\npassenger transport service means a service consisting of the carriage of passengers for a fare or other consideration (including under a hire or charter arrangement or for consideration provided by a third party);\nroad means any street, road, thoroughfare, terrace, court, lane, alley, cul‑de‑sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road;\nroad maintenance authority means an authority responsible for the care, control and maintenance of a road;\nroadwork means—\n\t(a)\tthe construction of a road; or\n\t(b)\tthe maintenance or repair of a road; or\n\t(c)\tthe alteration of a road; or\n\t(d)\tthe construction of drains and other structures for the drainage of water from a road; or\n\t(e)\tthe installation of fences, railings, barriers or gates; or\n\t(f)\tthe installation, maintenance or alteration of traffic islands or parking bays; or\n\t(g)\tthe improvement of a road, including (for example)—\n\t(i)\tlandscaping and beautification; or\n\t(ii)\tinstallation of road lighting; or\n\t(h)\tthe installation of amenities or equipment on or adjacent to a road for the use, enjoyment or protection of the public; or\n\t(i)\tthe installation of signs on or adjacent to a road for the use or benefit of the public; or\n\t(j)\tany work in connection with a road;\ntraffic control device means a sign, signal, marking, structure or other device or thing, to direct or warn traffic on, entering, or leaving, a road, and includes a traffic cone, barrier, structure or other device or thing to wholly or partially close a road or part of a road.\n\t(2)\tUnless the contrary intention appears, an expression used in this Act has the same meaning as in the Rail Safety National Law (South Australia) Act 2012.\nPart 2—Rail Commissioner\nDivision 1—Establishment of Rail Commissioner\n4—Establishment of Rail Commissioner\n\t(1)\tThere is to be a Rail Commissioner.\n\t(2)\tThe Rail Commissioner—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued; and\n\t(d)\tis an instrumentality of the Crown and holds property on behalf of the Crown; and\n\t(e)\thas the functions assigned by or under this or any other Act; and\n\t(f)\thas the powers necessary or expedient for, or incidental to, the performance of the Commissioner's functions (including the power to enter into contracts), together with such other powers conferred by or under this or any other Act.\n5—Appointment etc of Rail Commissioner\n\t(1)\tThe Rail Commissioner will be constituted by a person appointed from time to time by the Governor for the purpose.\n\t(2)\tThe person appointed under subsection (1) will be appointed for a term not exceeding 5 years, and on terms and conditions determined by the Governor.\n\t(3)\tThe Governor may appoint 1 or more persons as the Governor thinks fit to be a deputy of the person appointed under subsection (1), and a person so appointed may act as the Rail Commissioner in appropriate cases.\n\t(4)\tAt the expiration of a term of appointment, a person appointed under this section will be eligible for reappointment.\n\t(5)\tThe Governor may remove a person appointed under this section from office—\n\t(a)\tfor misconduct; or\n\t(b)\tfor incapacity to perform satisfactorily the Commissioner's functions; or\n\t(c)\tfor material contravention of, or failure to comply with, the requirements of this or any other Act.\n\t(6)\tThe office of the Rail Commissioner becomes vacant if the Commissioner—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tis removed from office under subsection (5).\n\t(7)\tOn the office of the Rail Commissioner becoming vacant, a person may be appointed in accordance with this section to the vacant office.\n6—Ministerial direction\n\t(1)\tThe Rail Commissioner is subject to the direction of the Minister.\n\t(2)\tA direction of the Minister under this section must be given in writing.\n\t(3)\tThe Minister must, within 6 sitting days after giving a direction to the Rail Commissioner under this section, have copies of the direction laid before both Houses of Parliament.\n\t(4)\tIf the Minister gives a direction under this section, the Rail Commissioner must cause a statement of the fact that the direction was given to be published in its next annual report.\nDivision 2—Functions\n7—Functions\n\t(1)\tThe functions of the Rail Commissioner are as follows:\n\t(a)\tto construct railways, railway tracks and associated track structures;\n\t(b)\tto manage, commission, maintain, repair, modify, install, operate or decommission rail infrastructure;\n\t(c)\tto commission, maintain, repair, modify, install, operate or decommission rolling stock;\n\t(d)\tto operate or move, or cause the operation or movement of, rolling stock on a railway by any means (including for the purposes of constructing or restoring rail infrastructure);\n\t(e)\tto move, or cause the movement of, rolling stock for the purposes of operating a railway service;\n\t(f)\tto act as a rail transport operator for railway operations carried out by the Commissioner;\n\t(g)\tto hold accreditation (if successful application is made) under the Rail Safety National Law (South Australia) Act 2012 as a rail transport operator in relation to railway operations carried out, or proposed to be carried out, by the Commissioner;\n\t(h)\tto enter into agreements or arrangements relating to the management of risks associated with railway operations (including where rail infrastructure interfaces with roads);\n\t(i)\tto operate passenger transport services by train or tram;\n\t(k)\tto enter into service contracts relating to the operation of passenger transport services under Part 5 of the Passenger Transport Act 1994;\n\t(l)\tto carry out any other function conferred on the Commissioner by the Minister.\n\t(2)\tThe Rail Commissioner's functions include the carrying out of design work, roadwork and any other necessary or associated work relating to the Commissioner's functions.\n\t(3)\tThe Rail Commissioner will be taken to hold an accreditation under the Passenger Transport Act 1994 to operate passenger transport services by train or tram as operated by the Rail Commissioner from time to time.\nDivision 3—Special powers\n8—Power to enter, inspect etc railway premises etc\n\t(1)\tThe Rail Commissioner or a person authorised by the Commissioner may, for the purposes of this Act, enter railway premises or any other land or premises to perform any of the following functions:\n\t(a)\tsurvey or take levels of the premises or land;\n\t(b)\tprobe, bore or sink holes or pits on or in the premises or land or otherwise examine the soil structure of the premises or land;\n\t(c)\tset out the line of work the Commissioner proposes to undertake under this Act;\n\t(d)\tdo any other thing necessary for the performance of the functions or the exercise of the powers of the Commissioner under this Act.\n\t(2)\tThe powers under this section are exercisable only at a reasonable time of the day and on giving reasonable written notice (being not less than 1 day) to the owner of the premises or land.\n\t(3)\tNotice under subsection (2) may be given—\n\t(a)\tby post addressed to the owner at the home or place of business of the owner; or\n\t(b)\tto any person apparently over the age of 16 years at the home or place of business of the owner.\n\t(4)\tThe Rail Commissioner or a person authorised by the Commissioner must, if exercising powers under this section in relation to railway premises, comply with the reasonable directions of the owner of the premises as to any safety requirements.\n\t(5)\tIf an owner of premises or land suffers loss or damage as a result of the exercise of the powers under this section, the owner is entitled to compensation.\n\t(6)\tThe amount of any compensation will be determined in accordance with section 29 of the Land Acquisition Act 1969 as if the Rail Commissioner had entered or temporarily occupied the premises or land as an Authority under Part 5 of that Act.\n\t(7)\tIn this section—\nowner—\n\t(a)\tin relation to railway premises—means the person holding accreditation under the Rail Safety National Law (South Australia) Act 2012 as the rail transport operator in relation to those railway premises;\n\t(b)\tin relation to land or other premises—means a person having an estate or interest (legal or equitable) in the land or land constituting the premises (including a person having an easement, right, power or privilege over, affecting, or in connection with, such land).\n9—Power to acquire land etc\n\t(1)\tThe Rail Commissioner may—\n\t(a)\tsubject to the approval of the Minister—acquire by agreement or compulsory process any land or interest in land for the purposes of carrying out railway operations, establishing or maintaining rail infrastructure or any other purpose connected with this Act; and\nExamples—\nThe powers of acquisition might be used (for example) for any of the following purposes:\n\t(a)\tthe erection or installation of plant or equipment for rail infrastructure or rolling stock;\n\t(b)\tthe storage of plant, equipment or material used in connection with rail infrastructure or rolling stock;\n\t(c)\tthe relocation of residents or businesses displaced by the exercise of any of the Rail Commissioner's powers.\n\t(b)\tsubject to the approval of the Minister—sell, transfer, lease or otherwise deal with or dispose of any land or interest in land vested in the Commissioner; and\n\t(c)\tremove or cut back any tree or other vegetation on or overhanging rail infrastructure.\n\t(2)\tThe Land Acquisition Act 1969 applies in relation to the compulsory acquisition of land under subsection (1).\n\t(3)\tSubject to subsection (4), the Development Act 1993 does not apply in relation to land acquired under this Act.\n\t(4)\tSubsection (3) does not apply—\n\t(a)\tin a case that involves development in relation to a State heritage place in the circumstances contemplated by paragraph (e) of the definition of development under the Development Act 1993 (on the basis that the Development Act 1993 will only apply insofar as is relevant to the State heritage place); or\n\t(b)\tin a case that falls within the ambit of regulations (if any) made for the purposes of this paragraph.\n10—Power to carry out works\n\t(1)\tThe Rail Commissioner may, subject to the approval of the Minister, carry out such works as the Commissioner thinks fit in relation to—\n\t(a)\tthe construction, commissioning and maintenance of rail infrastructure, including—\n\t(i)\tthe carrying out of associated roadworks; and\n\t(ii)\tthe installation, maintenance, alteration, operation or removal, or causing the installation, maintenance, alteration, operation or removal, of a traffic control device on, above or near a road; and\n\t(iii)\tthe erection, construction, laying down, making, alteration or removal of buildings, structures, notices or signs, over, under, along, across, or adjacent to, a road; and\n\t(b)\tthe operation or management of rolling stock; and\n\t(c)\tthe establishment, maintenance, extension, alteration or discontinuance of any passenger transport service; and\n\t(d)\tany other function of the Commissioner.\n\t(2)\tThe Rail Commissioner must make good any damage to a road arising from works carried out under this section.\n\t(3)\tSubject to subsection (4), the Rail Commissioner must, in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road—\n\t(a)\tinform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and\n\t(b)\tgive the relevant road maintenance authority a reasonable opportunity to consult with the Commissioner in relation to the matter; and\n\t(c)\tensure that proper consideration is given to the views of the road maintenance authority.\n\t(4)\tIn a case of emergency, the Rail Commissioner need only comply with subsection (3) to such extent as is practicable in the circumstances.\n\t(5)\tThe provisions of the Road Traffic Act 1961 apply in relation to a traffic control device installed, maintained, altered or operated under this section as if the Rail Commissioner were a road authority authorised under Part 2 of that Act to install, maintain, alter or operate the device.\n11—Power to close or limit use of railways\n\t(1)\tThe Rail Commissioner may, subject to the approval of the Minister—\n\t(a)\tclose a railway temporarily or permanently; or\n\t(b)\tlimit the use of a railway temporarily or permanently,\nfor the purposes of railway operations carried out by the Commissioner.\n\t(2)\tThe Rail Commissioner may, in order to give effect to a closure or limitation under this section, give directions to a rail transport operator who uses the railway.\n\t(3)\tA rail transport operator must not contravene a direction under subsection (2).\nMaximum penalty: $50 000.\n\t(4)\tNo liability is incurred by the Crown or the Rail Commissioner as a result of the exercise of powers under this section.\nDivision 4—Miscellaneous\n12—Staff\n\t(1)\tThe Rail Commissioner's staff consists of—\n\t(a)\tPublic Service employees assigned to assist the Commissioner; and\n\t(b)\tany person appointed under subsection (3).\n\t(2)\tThe Minister may, by notice in the Gazette—\n\t(a)\texclude Public Service employees who are members of the Rail Commissioner's staff from specified provisions of the Public Sector Management Act 1995; and\n\t(b)\tif the Minister thinks that certain provisions should apply to such employees instead of those excluded under paragraph (a)—determine that those provisions will apply,\nand such a notice will have effect according to its terms.\n\t(3)\tThe Rail Commissioner may, with the consent of the Minister, appoint staff for the purposes of this Act.\n\t(4)\tThe terms and conditions of employment of a person appointed under subsection (3) will be determined by the Governor and such a person will not be a Public Service employee.\n\t(5)\tThe Rail Commissioner may, with the approval of the Minister, under an arrangement with the relevant body, make use of the staff, equipment or facilities of—\n\t(a)\tan administrative unit of the Public Service; or\n\t(b)\tan agency or instrumentality of the Crown.\n13—Delegation\n\t(1)\tThe Rail Commissioner may delegate any of the Commissioner's functions or powers (other than the power to delegate) to a particular person or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the Rail Commissioner from acting in any matter.\n14—Conflict of interest\n\t(1)\tThe person constituting the Rail Commissioner, or a deputy or delegate of the Commissioner, must inform the Minister in writing of—\n\t(a)\tany direct or indirect interest that the person has or acquires in any business, or in any body corporate carrying on business, in Australia or elsewhere; or\n\t(b)\tany other direct or indirect interest that the person has or acquires that conflicts or may conflict with the functions of the Commissioner.\n\t(2)\tThe person constituting the Rail Commissioner, or a deputy or delegate of the Commissioner, must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the person's functions in relation to a particular matter, and, unless the conflict is resolved to the Minister's satisfaction, the person is disqualified from acting in relation to the matter.\n\t(3)\tThis section does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.\n\t(4)\tA failure to comply with this section does not affect the validity of an act or decision of the Rail Commissioner, deputy or delegate.\n15—Common seal and execution of documents\n\t(1)\tThe common seal of the Rail Commissioner must not be affixed to a document except in pursuance of a decision of the Commissioner, and the affixing of the seal must be attested by the signature of the Commissioner.\n\t(2)\tThe Rail Commissioner may, by instrument under the Commissioner's common seal, authorise an employee of the Commissioner (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commissioner subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Rail Commissioner.\n\t(4)\tA document is duly executed by the Rail Commissioner if—\n\t(a)\tthe common seal of the Commissioner is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Commissioner by a person or persons in accordance with an authority conferred under this section.\n\t(5)\tWhere an apparently genuine document purports to bear the common seal of the Rail Commissioner, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commissioner has been duly affixed to that document.\n15A—Annual report\nThe report of the Rail Commissioner to the Minister under section 12 of the Public Sector Act 2009 may be incorporated with the report of another public sector agency responsible to the Minister.\nPart 3—Miscellaneous\n16—Precedence over roads\n\t(1)\tSubject to any pre‑existing contract, agreement, understanding or undertaking with a road maintenance authority, the construction, commissioning and maintenance of rail infrastructure takes precedence over roadwork.\n\t(2)\tThe Rail Commissioner may, subject to the approval of the Minister, close a road temporarily or permanently for the purposes of railway operations carried out by the Commissioner.\n\t(3)\tThe Roads (Opening and Closing) Act 1991 applies in relation to the permanent closure of a road under subsection (2), subject to such modifications as may be prescribed by the regulations.\n\t(4)\tThe Rail Commissioner may, subject to the approval of the Minister, by notice in writing, require a council to construct or reconstruct a portion of road within the area of the council so as to conform with the construction, reconstruction or maintenance of rail infrastructure within the council area.\n\t(5)\tA council must comply with a notice under subsection (4).\n16A—Standing approvals etc\nIf a provision of this Act confers a power on the Commissioner the exercise of which requires the approval or consent of the Minister, the Minister may, if the Minister thinks fit, give a standing approval or consent, subject to such conditions (if any) as the Minister thinks fit to impose, to cover the exercise of that power from time to time.\n17—Inconsistency of by-laws\nIf a by‑law made by a council is inconsistent with this Act or a regulation made under this Act, this Act or the regulation prevails and the by‑law is, to the extent of the inconsistency, invalid.\n18—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide for the granting by the Minister of conditional or unconditional exemptions from provisions of this Act; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Rail Commissioner or another prescribed authority; and\n\t(e)\tfix penalties not exceeding $10 000 for breaches of the regulations.\nSchedule 1—Transitional provisions\nPart 4—Transitional provision\n6—References to Rail Commissioner\nA reference to the Rail Commissioner in a statutory instrument or any other kind of instrument, or a contract, agreement or other document, made or entered into before the commencement of Part 2 of the Act will have effect as if it were a reference to the Rail Commissioner established under that Part.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Rail Commissioner Act 2009 amended the following:\nRailways (Operations and Access) Act 1997\nTransAdelaide (Corporate Structure) Act 1998\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n51\nRail Commissioner Act 2009\n5.11.2009\n3.12.2009 (Gazette 3.12.2009 p5980)\n2011\n19\nRail Commissioner (Miscellaneous) Amendment Act 2011\n16.6.2011\nPt 2 (ss 4 & 5)—1.7.2011 (Gazette 23.6.2011 p2696)\n2012\n14\nRail Safety National Law (South Australia) Act 2012\n10.5.2012\ns 34—20.1.2013 (Gazette 13.12.2012 p5534)\n2017\n7\nStatutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 27 (s 101)—15.3.2017: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.7.2011\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2011\ns 3\n\n\ns 3(2)\namended by 14/2012 s 34(1)\n20.1.2013\nPt 2\n\n\ns 7\n\n\ns 7(1)\n(j) deleted by 19/2011 s 4(1)\n1.7.2011\n\namended by 14/2012 s 34(2)\n20.1.2013\ns 7(3)\ninserted by 19/2011 s 4(2)\n1.7.2011\ns 8\n\n\ns 8(7)\n\n\nowner\namended by 14/2012 s 34(3)\n20.1.2013\ns 15A\ninserted by 19/2011 s 5\n1.7.2011\nPt 3\n\n\ns 16A\ninserted by 7/2017 s 101\n15.3.2017\nSch 1\n\n\nPts 1—3\nomitted under Legislation Revision and Publication Act 2002\n1.7.2011\nHistorical versions\n1.7.2011\n\n20.1.2013\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned an error due to a website migration that occurred around 24 March 2026, rendering the provided URL invalid."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual content of the Act","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Rail Commissioner Act 2009** (South Australia) could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update in March 2026 that broke older hyperlinks.\n\n### What we know from the title alone:\n- This is a **South Australian law** dealing with a **Rail Commissioner** — a government official responsible for overseeing rail infrastructure and/or services in South Australia.\n- Acts of this type typically establish the Commissioner's role, powers, and responsibilities in managing public rail assets.\n\n### Who might be affected:\n- South Australian commuters and freight users\n- Rail operators and employees\n- Government agencies managing transport infrastructure\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for 'Rail Commissioner Act 2009'."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as established in 2009. The amendments shown in the legislative history are minor technical updates: removal of one function (section 7(1)(j)), insertion of annual reporting provision (section 15A), addition of standing approvals mechanism (section 16A), and updates to references following the adoption of the national rail safety law. There is no evidence of significant scope creep beyond the original purpose of establishing a rail infrastructure and operations authority."},"complexity_factors":["Moderate length (approximately 20 substantive sections plus schedule)","11 defined terms in interpretation section, plus incorporation by reference to Rail Safety National Law","Multiple cross-references to other Acts: Land Acquisition Act 1969, Development Act 1993, Road Traffic Act 1961, Passenger Transport Act 1994, Public Sector Act 2009, Rail Safety National Law (SA) Act 2012, Corporations Act 2001 (Cth), Roads (Opening and Closing) Act 1991, Public Sector Management Act 1995","Conditional logic requiring Ministerial approval for major powers (acquisition, works, closures)","Emergency exception clause in section 10(4) for roadwork consultation","Nested definitions (e.g., 'owner' defined differently for railway premises vs other land)","Corporate law concepts incorporated (body corporate, perpetual succession, common seal, delegation chains)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government body called the **Rail Commissioner** — essentially a one-person corporation (with deputies) that runs South Australia's government-owned rail operations.\n\n**Who it affects:**\n- **Commuters and passengers** — the Commissioner operates trains and trams\n- **Local councils** — they must comply with the Commissioner's directions about roads near railways, and their by-laws can be overridden\n- **Landowners** — the Commissioner can enter property, acquire land compulsorily (with compensation), and cut back vegetation\n- **Other rail operators** — they must follow the Commissioner's directions about railway closures\n- **Road users** — roads can be closed or modified for rail projects, and rail infrastructure takes priority over roadwork\n\n**Key powers and functions:**\n- **Build and run railways** — construct tracks, stations, signals, and operate trains/trams\n- **Acquire land** — buy land by agreement or force (with Minister approval), using the same rules as other government land acquisitions\n- **Enter private property** — inspect and survey land with 24 hours' notice, paying compensation for any damage\n- **Override local planning** — development laws generally don't apply to land the Commissioner acquires (except heritage protections)\n- **Control roads** — close roads temporarily or permanently, require councils to rebuild roads to match rail construction, and install traffic control devices\n- **Employ staff** — mix of public servants and specially appointed employees\n\n**Why it matters:**\nThis Act gives the Rail Commissioner extraordinary powers to get rail projects built quickly. The Commissioner can jump over normal planning hurdles, force land sales, close roads, and tell local councils what to do. It's designed to avoid the red tape that might slow down major infrastructure, but it also means affected property owners and local communities have limited ability to object compared to normal development processes.\n\n**Checks and balances:**\n- The Minister must approve major decisions (land acquisition, road closures, major works)\n- Ministerial directions must be published and tabled in Parliament\n- The Commissioner must report annually\n- Compensation is payable for land acquisition and property damage"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments since enactment altered scope and governance: 2011 inserted reporting and accreditation-related changes (s 7(3); s 15A inserted), 2012 aligned definitions with the Rail Safety National Law and amended the meaning of 'owner' (s 3(2); s 8 owner), and 2017 added standing ministerial approvals (s 16A). These changes expanded regulatory alignment, introduced reporting options and formalised executive standing approvals, modifying who decides and how some powers are exercised."},"complexity_factors":["Broad, technology-neutral functional grant to construct, operate and manage rail infrastructure and rolling stock (s 7) increases statutory breadth.","Ministerial direction and requirement to publish/docket directions to Parliament creates political oversight and administrative steps (s 6(2)–(4)).","Multiple Ministerial approvals required for land acquisition, works and closures concentrate discretion in the executive (ss 9(1), 10(1), 11(1)).","Compulsory acquisition ties into the Land Acquisition Act 1969 for compensation procedures, creating cross‑statutory interactions (s 9(2); s 8(6) reference to Land Acquisition Act s 29).","Entry, inspection and temporary occupation powers include notice rules, safety direction compliance and compensation liability to owners (s 8(1)–(6)).","Powers to carry out roadworks and to install traffic control devices import obligations under the Road Traffic Act 1961 and require consultation with road authorities (s 10(1), (3)–(5)).","Provision that rail infrastructure ‘takes precedence’ over roadwork and compulsory council compliance with reconstruction notices shifts burdens to local government (s 16(1), (4)–(5)).","Delegation, staffing and execution rules grant operational flexibility but raise governance and conflict-of-interest reporting duties (ss 12–15).","Regulation‑making power allows the Governor to confer broad discretions and impose penalties up to $10,000, creating subordinate legislative complexity (s 18).","Legislative amendments over time (2011, 2012, 2017) modified definitions, reporting and approval mechanisms, requiring attention to historical versions for application (Legislative history)."],"plain_english_summary":"This Act creates a statutory Rail Commissioner (a corporate instrumentality of the Crown) with powers to build, own, operate and maintain rail infrastructure and rolling stock, to enter land, acquire property (compulsorily or by agreement), carry out works affecting roads, and to close or limit railways (ss 4, 7–11, 16). It affects rail operators, landowners, councils and road authorities because it shifts decision-making and certain costs to the Commissioner, while giving the Minister written direction powers and approval control over many major decisions (ss 6, 9, 10, 11)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/rail-commissioner-act-2009","history":"/api/acts/rail-commissioner-act-2009/history","analysis":"/api/acts/rail-commissioner-act-2009/analysis","conflicts":"/api/acts/rail-commissioner-act-2009/conflicts","importantCases":"/api/acts/rail-commissioner-act-2009/important-cases","documents":"/api/acts/rail-commissioner-act-2009/documents"}}