{"id":"qld:act-2017-004","name":"Rail Safety National Law (Queensland) Act 2017","slug":"rail-safety-national-law-queensland-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29622,"registerId":"qld-act-2017-004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Rail Safety National Law (Queensland) Act 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences at the end of 30 June 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nlocal regulation ...\ns 3 def local regulation om 2017 No. 25 s 47\nnational law means the Rail Safety National Law (Queensland) .\nnational regulation means a regulation, or a provision of a regulation, made under the Rail Safety National Law (Queensland) , section 264 .\nRail Safety National Law means the Rail Safety National Law, as in force from time to time, set out in the schedule to the Rail Safety National Law (South Australia) Act 2012 (SA) .\nRail Safety National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\nTerms used in this Act and also in the Rail Safety National Law have the same meanings in this Act as they have in that Law.\n(sec.3-ssec.1) In this Act— local regulation ... s 3 def local regulation om 2017 No. 25 s 47 national law means the Rail Safety National Law (Queensland) . national regulation means a regulation, or a provision of a regulation, made under the Rail Safety National Law (Queensland) , section 264 . Rail Safety National Law means the Rail Safety National Law, as in force from time to time, set out in the schedule to the Rail Safety National Law (South Australia) Act 2012 (SA) . Rail Safety National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\n(sec.3-ssec.2) Terms used in this Act and also in the Rail Safety National Law have the same meanings in this Act as they have in that Law.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application of Rail Safety National Law","content":"# Application of Rail Safety National Law","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application as law of this jurisdiction","content":"### sec.4 Application as law of this jurisdiction\n\nThe Rail Safety National Law—\napplies as a law of this jurisdiction with the modifications set out in this part; and\nas so applying may be referred to as the Rail Safety National Law (Queensland) ; and\napplies as if it were an Act.\nSee section 6 for Queensland legislation to which the Rail Safety National Law (Queensland) does not apply.\nSee section 7 for the relationship between the Rail Safety National Law (Queensland) and mining safety legislation.\nSee section 10 for the industrial relations status of ONRSR under the Rail Safety National Law (Queensland) .\nSee sections 12 and 13 for the legal treatment of offences under the Rail Safety National Law (Queensland) .\nSee section 14 for the requirement for Parliamentary scrutiny of national regulations made under the Rail Safety National Law (Queensland) .\n- (a) applies as a law of this jurisdiction with the modifications set out in this part; and\n- (b) as so applying may be referred to as the Rail Safety National Law (Queensland) ; and\n- (c) applies as if it were an Act.\n- 1 See section 6 for Queensland legislation to which the Rail Safety National Law (Queensland) does not apply.\n- 2 See section 7 for the relationship between the Rail Safety National Law (Queensland) and mining safety legislation.\n- 3 See section 10 for the industrial relations status of ONRSR under the Rail Safety National Law (Queensland) .\n- 4 See sections 12 and 13 for the legal treatment of offences under the Rail Safety National Law (Queensland) .\n- 5 See section 14 for the requirement for Parliamentary scrutiny of national regulations made under the Rail Safety National Law (Queensland) .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of generic terms in Rail Safety National Law for this jurisdiction","content":"### sec.5 Meaning of generic terms in Rail Safety National Law for this jurisdiction\n\nIn the Rail Safety National Law (Queensland) —\nappeal means, in part 7 , to apply under the QCAT Act , section 18 for a review.\ncourt means the following—\nin part 5 , division 6 and part 10 , division 6 —a Magistrates Court established under the Justices Act 1886 ;\nin part 7 —QCAT.\nemergency service means any of the following—\nthe Queensland Ambulance Service;\nQueensland Fire and Rescue;\nthe Queensland Police Service;\na person or body prescribed by regulation for this definition.\ns 5 def emergency service amd 2024 No. 22 s 92 sch 1\ngazette means the Queensland Government Gazette.\nHealth Practitioner Regulation National Law means—\nthe Health Practitioner Regulation National Law —\nas in force from time to time, set out in the schedule of the Health Practitioner Regulation National Law Act 2009 ; and\nas it applies as a law of Queensland or another State, with or without modification; or\nthe law of a State that substantially corresponds to the law mentioned in paragraph (a) .\nmagistrate means a magistrate appointed under the Magistrates Act 1991 .\nmining operations means—\ncoal mining operations within the meaning of the Coal Mining Safety and Health Act 1999 , schedule 3 ; or\noperations within the meaning of the Mining and Quarrying Safety and Health Act 1999 , section 10 .\nMinister means the Minister administering the Rail Safety National Law (Queensland) Act 2017 .\nover-track structure means an over-track structure used in connection with the carrying out of railway operations.\npolice officer means a police officer within the meaning of the Police Service Administration Act 1990 .\ns 5 def police officer amd 2023 No. 7 s 68 s ch 1 pt 2\nprivate road means a road in private ownership.\nQCAT means the Queensland Civil and Administrative Tribunal established under the QCAT Act .\nQCAT Act means the Queensland Civil and Administrative Tribunal Act 2009 .\nroad means—\nan area of land dedicated to public use as a road; or\nan area that is developed for, or has as 1 of its main uses, the driving or riding of road vehicles or pedestrian traffic, whether the area is open to or used by the public or only for private purposes.\na bridge, culvert, ford, tunnel or viaduct\na pedestrian or bicycle path\nroad vehicle means a vehicle designed to be driven or ridden on a road and includes a hovercraft but does not include a tram.\nshared path see the Queensland Road Rules , section 242 .\nState entity means—\na public sector unit within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or\na public service employee under the Public Sector Act 2022 , section 13 .\ns 5 def State entity amd 2022 No. 34 s 365 sch 3\nthis jurisdiction means Queensland.\nunder-track structure means an under-track structure used in connection with the carrying out of railway operations.\n- (a) in part 5 , division 6 and part 10 , division 6 —a Magistrates Court established under the Justices Act 1886 ;\n- (b) in part 7 —QCAT.\n- (a) the Queensland Ambulance Service;\n- (b) Queensland Fire and Rescue;\n- (c) the Queensland Police Service;\n- (d) a person or body prescribed by regulation for this definition.\n- (a) the Health Practitioner Regulation National Law — (i) as in force from time to time, set out in the schedule of the Health Practitioner Regulation National Law Act 2009 ; and (ii) as it applies as a law of Queensland or another State, with or without modification; or\n- (i) as in force from time to time, set out in the schedule of the Health Practitioner Regulation National Law Act 2009 ; and\n- (ii) as it applies as a law of Queensland or another State, with or without modification; or\n- (b) the law of a State that substantially corresponds to the law mentioned in paragraph (a) .\n- (i) as in force from time to time, set out in the schedule of the Health Practitioner Regulation National Law Act 2009 ; and\n- (ii) as it applies as a law of Queensland or another State, with or without modification; or\n- (a) coal mining operations within the meaning of the Coal Mining Safety and Health Act 1999 , schedule 3 ; or\n- (b) operations within the meaning of the Mining and Quarrying Safety and Health Act 1999 , section 10 .\n- (a) an area of land dedicated to public use as a road; or\n- (b) an area that is developed for, or has as 1 of its main uses, the driving or riding of road vehicles or pedestrian traffic, whether the area is open to or used by the public or only for private purposes.\n- • a bridge, culvert, ford, tunnel or viaduct\n- • a pedestrian or bicycle path\n- (a) a public sector unit within the meaning of the Acts Interpretation Act 1954 , schedule 1 ; or\n- (b) a public service employee under the Public Sector Act 2022 , section 13 .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.6 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply in relation to the Rail Safety National Law (Queensland) or instruments made under that Law, other than to the extent provided for in subsections (2) and (3) and section 14 —\nthe Acts Interpretation Act 1954 ;\nthe Auditor-General Act 2009 ;\nthe Financial Accountability Act 2009 ;\nthe Legislative Standards Act 1992 ;\nthe Ombudsman Act 2001 ;\nthe Public Records Act 2023 ;\nthe Public Sector Ethics Act 1994 ;\nthe Public Sector Act 2022 ;\nthe Right to Information Act 2009 ;\nthe Statutory Bodies Financial Arrangements Act 1982 ;\nthe Statutory Instruments Act 1992 .\nThe Acts Interpretation Act 1954 , section 20C applies to the Rail Safety National Law (Queensland) and instruments made under that Law.\nThe Acts mentioned in subsection (1) (b) , (c) and (e) to (j) apply to a State entity exercising functions under the Rail Safety National Law (Queensland) .\nFor the purpose of this Act, the Rail Safety National Law (Queensland) and any other Act or law—\nthe Office of the National Rail Safety Regulator is not—\na State entity; or\nan agency or instrumentality of the State; and\nan employee of the Office of the National Rail Safety Regulator is not a public service employee within the meaning of the Public Sector Act 2022 , section 13 .\nSee also section 10 for the industrial relations status of ONRSR under the Rail Safety National Law (Queensland) .\ns 6 amd 2022 No. 34 s 365 sch 3 ; 2023 No. 33 s 107 sch 4\n(sec.6-ssec.1) The following Acts of this jurisdiction do not apply in relation to the Rail Safety National Law (Queensland) or instruments made under that Law, other than to the extent provided for in subsections (2) and (3) and section 14 — the Acts Interpretation Act 1954 ; the Auditor-General Act 2009 ; the Financial Accountability Act 2009 ; the Legislative Standards Act 1992 ; the Ombudsman Act 2001 ; the Public Records Act 2023 ; the Public Sector Ethics Act 1994 ; the Public Sector Act 2022 ; the Right to Information Act 2009 ; the Statutory Bodies Financial Arrangements Act 1982 ; the Statutory Instruments Act 1992 .\n(sec.6-ssec.2) The Acts Interpretation Act 1954 , section 20C applies to the Rail Safety National Law (Queensland) and instruments made under that Law.\n(sec.6-ssec.3) The Acts mentioned in subsection (1) (b) , (c) and (e) to (j) apply to a State entity exercising functions under the Rail Safety National Law (Queensland) .\n(sec.6-ssec.4) For the purpose of this Act, the Rail Safety National Law (Queensland) and any other Act or law— the Office of the National Rail Safety Regulator is not— a State entity; or an agency or instrumentality of the State; and an employee of the Office of the National Rail Safety Regulator is not a public service employee within the meaning of the Public Sector Act 2022 , section 13 . See also section 10 for the industrial relations status of ONRSR under the Rail Safety National Law (Queensland) .\n- (a) the Acts Interpretation Act 1954 ;\n- (b) the Auditor-General Act 2009 ;\n- (c) the Financial Accountability Act 2009 ;\n- (d) the Legislative Standards Act 1992 ;\n- (e) the Ombudsman Act 2001 ;\n- (f) the Public Records Act 2023 ;\n- (g) the Public Sector Ethics Act 1994 ;\n- (h) the Public Sector Act 2022 ;\n- (i) the Right to Information Act 2009 ;\n- (j) the Statutory Bodies Financial Arrangements Act 1982 ;\n- (k) the Statutory Instruments Act 1992 .\n- (a) the Office of the National Rail Safety Regulator is not— (i) a State entity; or (ii) an agency or instrumentality of the State; and\n- (i) a State entity; or\n- (ii) an agency or instrumentality of the State; and\n- (b) an employee of the Office of the National Rail Safety Regulator is not a public service employee within the meaning of the Public Sector Act 2022 , section 13 . Editor's note— See also section 10 for the industrial relations status of ONRSR under the Rail Safety National Law (Queensland) .\n- (i) a State entity; or\n- (ii) an agency or instrumentality of the State; and","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Relationship with mining safety legislation","content":"### sec.7 Relationship with mining safety legislation\n\nThis section applies if—\nthe Rail Safety National Law (Queensland) applies to a mining railway; and\nthe mining safety legislation would, in the absence of this section, also apply to the mining railway.\nThe mining safety legislation does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\nIn this section—\nmining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) .\nmining safety legislation means—\nthe Coal Mining Safety and Health Act 1999 ; or\nthe Mining and Quarrying Safety and Health Act 1999 .\n(sec.7-ssec.1) This section applies if— the Rail Safety National Law (Queensland) applies to a mining railway; and the mining safety legislation would, in the absence of this section, also apply to the mining railway.\n(sec.7-ssec.2) The mining safety legislation does not apply to the mining railway to the extent that the Rail Safety National Law (Queensland) applies.\n(sec.7-ssec.3) In this section— mining railway means a railway that is in a mine other than a railway mentioned in the Rail Safety National Law (Queensland) , section 7 (1) (a) . mining safety legislation means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 .\n- (a) the Rail Safety National Law (Queensland) applies to a mining railway; and\n- (b) the mining safety legislation would, in the absence of this section, also apply to the mining railway.\n- (a) the Coal Mining Safety and Health Act 1999 ; or\n- (b) the Mining and Quarrying Safety and Health Act 1999 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Modification of particular terms in Rail Safety National Law for this jurisdiction","content":"### sec.8 Modification of particular terms in Rail Safety National Law for this jurisdiction\n\nFor the purposes of the Rail Safety National Law (Queensland) , the definition of authorised person in the Rail Safety National Law, section 4 (1) is taken to read—\nauthorised person means a person appointed under section 124 ;\nFor the purposes of the Rail Safety National Law (Queensland) , the laws prescribed for the definition of occupational health and safety legislation in the Rail Safety National Law, section 4 (1) include the Electrical Safety Act 2002 .\nFor the purposes of the Rail Safety National Law (Queensland) , the definitions of railway and rolling stock in the Rail Safety National Law, section 4 (1) apply as if references in those definitions to a monorail were omitted.\ns 8 amd 2020 No. 22 s 4\n(sec.8-ssec.1) For the purposes of the Rail Safety National Law (Queensland) , the definition of authorised person in the Rail Safety National Law, section 4 (1) is taken to read— authorised person means a person appointed under section 124 ;\n(sec.8-ssec.3) For the purposes of the Rail Safety National Law (Queensland) , the laws prescribed for the definition of occupational health and safety legislation in the Rail Safety National Law, section 4 (1) include the Electrical Safety Act 2002 .\n(sec.8-ssec.5) For the purposes of the Rail Safety National Law (Queensland) , the definitions of railway and rolling stock in the Rail Safety National Law, section 4 (1) apply as if references in those definitions to a monorail were omitted.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Rail Safety National Law (Queensland) does not apply to monorails","content":"### sec.9 Rail Safety National Law (Queensland) does not apply to monorails\n\nIn addition to the railways mentioned in the Rail Safety National Law, section 7 , the Rail Safety National Law (Queensland) does not apply to or in relation to a monorail.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Industrial relations status of ONRSR","content":"### sec.10 Industrial relations status of ONRSR\n\nFor the purposes of the Rail Safety National Law (Queensland) , it is declared that—\nONRSR is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; and\nit is the intention of the Parliament that ONRSR be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) .\nSee also section 6 (4) (b) for the status of ONRSR employees under the Public Sector Act 2022 .\ns 10 amd 2022 No. 34 s 365 sch 3\n- (a) ONRSR is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 ; and\n- (b) it is the intention of the Parliament that ONRSR be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth) . Editor’s note— See also section 6 (4) (b) for the status of ONRSR employees under the Public Sector Act 2022 .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Police officer can not be appointed as rail safety officer","content":"### sec.11 Police officer can not be appointed as rail safety officer\n\nFor the purposes of the Rail Safety National Law (Queensland) , section 135 , a police officer is not eligible to be appointed as a rail safety officer.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Offences against Rail Safety National Law (Queensland)","content":"### sec.12 Offences against Rail Safety National Law (Queensland)\n\nAn offence against the Rail Safety National Law (Queensland) that has a penalty of more than 3 years imprisonment is an indictable offence that is a misdemeanour.\nA proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 .\nA proceeding for an indictable offence may be taken, at the prosecution’s election—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily—\nif, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or\nif satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf subsection (4) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment.\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3 .\nSee also section 13 for the application of the double jeopardy rule for offences against the Rail Safety National Law (Queensland) .\n(sec.12-ssec.1) An offence against the Rail Safety National Law (Queensland) that has a penalty of more than 3 years imprisonment is an indictable offence that is a misdemeanour.\n(sec.12-ssec.2) A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 .\n(sec.12-ssec.3) A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.12-ssec.4) A magistrate must not hear an indictable offence summarily— if, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or if satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.12-ssec.5) If subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) .\n(sec.12-ssec.6) The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment.\n(sec.12-ssec.7) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.12-ssec.8) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3 .\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) if, at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or\n- (b) if satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required under the Justices Act 1886 , section 104 (2) (b) .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"No double jeopardy","content":"### sec.13 No double jeopardy\n\nA person is not liable to be punished for an act or omission that is an offence against the Rail Safety National Law (Queensland) if—\nthe act or omission is also an offence against—\nanother law of this jurisdiction; or\na law of another participating jurisdiction; and\nthe person has been punished for the offence mentioned in paragraph (a) .\nSee also section 12 for the legal treatment of offences against the Rail Safety National Law (Queensland) .\n- (a) the act or omission is also an offence against— (i) another law of this jurisdiction; or (ii) a law of another participating jurisdiction; and\n- (i) another law of this jurisdiction; or\n- (ii) a law of another participating jurisdiction; and\n- (b) the person has been punished for the offence mentioned in paragraph (a) .\n- (i) another law of this jurisdiction; or\n- (ii) a law of another participating jurisdiction; and","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"### sec.14 Parliamentary scrutiny of national regulations\n\nThe Statutory Instruments Act 1992 , sections 49 to 51 apply to a national regulation as if—\na reference in those sections to subordinate legislation were a reference to a national regulation; and\nthe reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Rail Safety National Law, section 265 (1) .\nGenerally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.\nThe Legislative Standards Act 1992 , part 4 applies to a national regulation as if—\na reference in that part to subordinate legislation were a reference to a national regulation; and\nthe reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister administering the Rail Safety National Law (Queensland) Act 2017 .\nGenerally speaking, the Legislative Standards Act 1992 , part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.\nA committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\nFor subsection (3) , the Legislative Standards Act 1992 , section 4 applies to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation.\nGenerally speaking, the Legislative Standards Act 1992 , section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.\nIf a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Rail Safety National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.\n(sec.14-ssec.1) The Statutory Instruments Act 1992 , sections 49 to 51 apply to a national regulation as if— a reference in those sections to subordinate legislation were a reference to a national regulation; and the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Rail Safety National Law, section 265 (1) . Generally speaking, the Statutory Instruments Act 1992 , sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of the operation of subordinate legislation that ceases to have effect.\n(sec.14-ssec.2) The Legislative Standards Act 1992 , part 4 applies to a national regulation as if— a reference in that part to subordinate legislation were a reference to a national regulation; and the reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister administering the Rail Safety National Law (Queensland) Act 2017 . Generally speaking, the Legislative Standards Act 1992 , part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.\n(sec.14-ssec.3) A committee of the Legislative Assembly may deal with a national regulation under the Parliament of Queensland Act 2001 as if a reference in that Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.\n(sec.14-ssec.4) For subsection (3) , the Legislative Standards Act 1992 , section 4 applies to a national regulation as if a reference in that section to subordinate legislation were a reference to a national regulation. Generally speaking, the Legislative Standards Act 1992 , section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.\n(sec.14-ssec.5) If a national regulation ceases to have effect because of the operation of subsection (1) , the national regulation ceases to have effect for the purposes of the Rail Safety National Law (Queensland) , but the cessation does not affect the application of the regulation in another jurisdiction.\n- (a) a reference in those sections to subordinate legislation were a reference to a national regulation; and\n- (b) the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in the Rail Safety National Law, section 265 (1) .\n- (a) a reference in that part to subordinate legislation were a reference to a national regulation; and\n- (b) the reference to the responsible Minister in section 22 (2) of that Act were a reference to the Minister administering the Rail Safety National Law (Queensland) Act 2017 .","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Drug and alcohol testing procedures","content":"# Drug and alcohol testing procedures","sortOrder":16},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definitions for part","content":"### sec.15 Definitions for part\n\nIn this part—\nanalysis means a breath analysis or saliva analysis.\nanalyst means a person who carries out an analysis or laboratory test in a laboratory prescribed by regulation.\nanalyst’s certificate see section 46 (2) .\nauthorised person has the same meaning as in the national law, section 4 (1) .\nbreath analysing instrument means—\na breath analysing instrument as defined in the Transport Operations (Road Use Management) Act 1995 , section 80 (1) ; or\nan instrument approved by regulation.\nbreath analysis means an analysis of a specimen of breath by a breath analysing instrument.\nbreath analysis certificate see section 39 (1) .\nhealth care professional means—\na doctor; or\na nurse; or\na qualified assistant.\ninstrument operator , in relation to a breath analysis, means the authorised person or police officer who operates, or is to operate, the breath analysing instrument under section 37 .\nnurse means a person registered under the Health Practitioner Regulation National Law —\nto practise in the nursing profession, other than as a student; and\nin the registered nurses division of that profession.\ns 15 def nurse amd 2017 No. 32 s 87 (2) s ch 1 pt 2\npreliminary breath test means a test to obtain an indication of the concentration of alcohol in a person’s breath using a device approved by regulation.\npreliminary saliva test means a test to obtain an indication of the presence of a prescribed drug in a person’s saliva using a device approved by regulation.\npreliminary test means a preliminary breath test or a preliminary saliva test.\nprescribed concentration of alcohol has the same meaning as in the national law, section 128 (5) .\nprescribed drug has the same meaning as in the national law, section 128 (5) .\nprescribed medical certificate means a certificate, in the approved form, from a doctor stating that—\nbecause of a stated illness or disability, a rail safety worker is incapable of providing a specimen of breath or saliva, or both; or\nproviding a specimen of breath or saliva, or both, could adversely affect a rail safety worker’s health.\nqualified assistant see section 16 (1) .\nsaliva analysis means an analysis of a specimen of saliva by a laboratory test approved by regulation.\nspecimen for analysis means a sufficient specimen of breath or saliva, or both, for analysis.\nspecimen for preliminary testing means a sufficient specimen of breath or saliva, or both, for a preliminary test.\nsufficient specimen , of breath or saliva for a preliminary test or for analysis, means a specimen of breath or saliva that—\nis sufficient to enable the preliminary test or analysis to be carried out; and\nis provided in a way that enables the objective of the preliminary test or analysis to be satisfactorily achieved.\n- (a) a breath analysing instrument as defined in the Transport Operations (Road Use Management) Act 1995 , section 80 (1) ; or\n- (b) an instrument approved by regulation.\n- (a) a doctor; or\n- (b) a nurse; or\n- (c) a qualified assistant.\n- (a) to practise in the nursing profession, other than as a student; and\n- (b) in the registered nurses division of that profession.\n- (a) because of a stated illness or disability, a rail safety worker is incapable of providing a specimen of breath or saliva, or both; or\n- (b) providing a specimen of breath or saliva, or both, could adversely affect a rail safety worker’s health.\n- (a) is sufficient to enable the preliminary test or analysis to be carried out; and\n- (b) is provided in a way that enables the objective of the preliminary test or analysis to be satisfactorily achieved.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Qualified assistants","content":"### sec.16 Qualified assistants\n\nFor this part, a person is a qualified assistant if the person’s duties include the taking of blood.\nA qualified assistant may take a specimen of a rail safety worker’s blood only if directed to take the specimen by a doctor or nurse.\nIn a proceeding for an offence against the national law, part 3 , unless the contrary is proved, a qualified assistant who takes a specimen of blood from a rail safety worker for a laboratory test is taken to have been directed by a doctor or nurse to take the specimen.\n(sec.16-ssec.1) For this part, a person is a qualified assistant if the person’s duties include the taking of blood.\n(sec.16-ssec.2) A qualified assistant may take a specimen of a rail safety worker’s blood only if directed to take the specimen by a doctor or nurse.\n(sec.16-ssec.3) In a proceeding for an offence against the national law, part 3 , unless the contrary is proved, a qualified assistant who takes a specimen of blood from a rail safety worker for a laboratory test is taken to have been directed by a doctor or nurse to take the specimen.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"How to read particular references in national law, pt 3 , div 9","content":"### sec.17 How to read particular references in national law, pt 3 , div 9\n\nFor the purposes of the national law, part 3 , division 9 —\na reference in that division to a drug screening test is taken to be a reference to a preliminary saliva test; and\na reference in that division to oral fluid is taken to be a reference to saliva; and\na reference in that division to an oral fluid analysis is taken to be a reference to a saliva analysis.\n- (a) a reference in that division to a drug screening test is taken to be a reference to a preliminary saliva test; and\n- (b) a reference in that division to oral fluid is taken to be a reference to saliva; and\n- (c) a reference in that division to an oral fluid analysis is taken to be a reference to a saliva analysis.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Using breath sample to find blood alcohol concentration","content":"### sec.18 Using breath sample to find blood alcohol concentration\n\nFor the national law, part 3 and this part, if the concentration of alcohol in a rail safety worker’s breath is a particular number of grams of alcohol for each 210 litres of breath, the worker’s blood alcohol concentration ( BAC ) is to be regarded as being that number of grams of alcohol for each 100 ml of blood.\nA device used to conduct a preliminary breath test is taken to be for the purpose of providing an indication of a rail safety worker’s BAC, or an indication of whether or not a rail safety worker has the prescribed concentration of alcohol, whether the device gives the indication directly or enables it to be derived under subsection (1) .\nA breath analysing instrument is taken to be for the purpose of ascertaining a rail safety worker’s BAC by analysis of a sample of the worker’s breath, whether the instrument gives the BAC directly as the analysis result or enables it to be derived under subsection (1) .\n(sec.18-ssec.1) For the national law, part 3 and this part, if the concentration of alcohol in a rail safety worker’s breath is a particular number of grams of alcohol for each 210 litres of breath, the worker’s blood alcohol concentration ( BAC ) is to be regarded as being that number of grams of alcohol for each 100 ml of blood.\n(sec.18-ssec.2) A device used to conduct a preliminary breath test is taken to be for the purpose of providing an indication of a rail safety worker’s BAC, or an indication of whether or not a rail safety worker has the prescribed concentration of alcohol, whether the device gives the indication directly or enables it to be derived under subsection (1) .\n(sec.18-ssec.3) A breath analysing instrument is taken to be for the purpose of ascertaining a rail safety worker’s BAC by analysis of a sample of the worker’s breath, whether the instrument gives the BAC directly as the analysis result or enables it to be derived under subsection (1) .","sortOrder":21},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Application of national law , part 3 , division 9 and this part","content":"## Application of national law , part 3 , division 9 and this part","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application of national law , ss 126 and 127","content":"### sec.19 Application of national law , ss 126 and 127\n\nThe national law , sections 126 and 127 apply subject to this part.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Limitation on when authorised person may exercise powers in relation to train driver","content":"### sec.20 Limitation on when authorised person may exercise powers in relation to train driver\n\nAn authorised person may not exercise a power under division 3 or 4 in relation to a train driver if a police officer is exercising a power under the Transport Operations (Road Use Management) Act 1995 , section 80 in relation to the train driver.\nIn this section—\ntrain driver means a rail safety worker—\nfound by a police officer driving, attempting to put in motion, or in charge of, a train as mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (2) or (2A) ; or\nwho a police officer reasonably suspects was driving, attempting to put in motion, or in charge of, a train in the circumstances mentioned in section 80 (2) or (2A) of that Act.\n(sec.20-ssec.1) An authorised person may not exercise a power under division 3 or 4 in relation to a train driver if a police officer is exercising a power under the Transport Operations (Road Use Management) Act 1995 , section 80 in relation to the train driver.\n(sec.20-ssec.2) In this section— train driver means a rail safety worker— found by a police officer driving, attempting to put in motion, or in charge of, a train as mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (2) or (2A) ; or who a police officer reasonably suspects was driving, attempting to put in motion, or in charge of, a train in the circumstances mentioned in section 80 (2) or (2A) of that Act.\n- (a) found by a police officer driving, attempting to put in motion, or in charge of, a train as mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (2) or (2A) ; or\n- (b) who a police officer reasonably suspects was driving, attempting to put in motion, or in charge of, a train in the circumstances mentioned in section 80 (2) or (2A) of that Act.","sortOrder":24},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Provision of specimens of breath or saliva for preliminary test","content":"## Provision of specimens of breath or saliva for preliminary test","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requirement to submit to preliminary test","content":"### sec.21 Requirement to submit to preliminary test\n\nAn authorised person may require a rail safety worker to submit to 1 or both of the following—\na preliminary breath test under the national law , section 126 ;\na preliminary saliva test under the national law , section 127 .\nThis division applies for the purpose of making the requirement.\n(sec.21-ssec.1) An authorised person may require a rail safety worker to submit to 1 or both of the following— a preliminary breath test under the national law , section 126 ; a preliminary saliva test under the national law , section 127 .\n(sec.21-ssec.2) This division applies for the purpose of making the requirement.\n- (a) a preliminary breath test under the national law , section 126 ;\n- (b) a preliminary saliva test under the national law , section 127 .","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Direction to provide specimen of breath or saliva","content":"### sec.22 Direction to provide specimen of breath or saliva\n\nThe authorised person may direct the rail safety worker—\nto provide in accordance with the requirement 1 or more specimens for preliminary testing; and\nto comply with any reasonable requirement for the purpose of providing each of the specimens to which the direction is subject.\n- (a) to provide in accordance with the requirement 1 or more specimens for preliminary testing; and\n- (b) to comply with any reasonable requirement for the purpose of providing each of the specimens to which the direction is subject.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Direction to provide additional specimen of breath or saliva","content":"### sec.23 Direction to provide additional specimen of breath or saliva\n\nThe authorised person may direct the rail safety worker to provide additional specimens for preliminary testing to enable the preliminary test to be carried out if—\nthe worker fails to provide a sufficient specimen for preliminary testing under section 22 ; or\nthe worker provides a sufficient specimen for preliminary testing under section 22 but—\nthe device used for the preliminary test is or becomes defective, precluding its satisfactory operation to analyse the specimen of breath or saliva; or\nfor any reason, it is not possible to use or continue using the device to conduct the preliminary test; or\nfor another reason, it is not possible to complete the preliminary test.\nThe authorised person may direct the rail safety worker to comply with any reasonable requirement for the purpose of providing an additional specimen.\n(sec.23-ssec.1) The authorised person may direct the rail safety worker to provide additional specimens for preliminary testing to enable the preliminary test to be carried out if— the worker fails to provide a sufficient specimen for preliminary testing under section 22 ; or the worker provides a sufficient specimen for preliminary testing under section 22 but— the device used for the preliminary test is or becomes defective, precluding its satisfactory operation to analyse the specimen of breath or saliva; or for any reason, it is not possible to use or continue using the device to conduct the preliminary test; or for another reason, it is not possible to complete the preliminary test.\n(sec.23-ssec.2) The authorised person may direct the rail safety worker to comply with any reasonable requirement for the purpose of providing an additional specimen.\n- (a) the worker fails to provide a sufficient specimen for preliminary testing under section 22 ; or\n- (b) the worker provides a sufficient specimen for preliminary testing under section 22 but— (i) the device used for the preliminary test is or becomes defective, precluding its satisfactory operation to analyse the specimen of breath or saliva; or (ii) for any reason, it is not possible to use or continue using the device to conduct the preliminary test; or (iii) for another reason, it is not possible to complete the preliminary test.\n- (i) the device used for the preliminary test is or becomes defective, precluding its satisfactory operation to analyse the specimen of breath or saliva; or\n- (ii) for any reason, it is not possible to use or continue using the device to conduct the preliminary test; or\n- (iii) for another reason, it is not possible to complete the preliminary test.\n- (i) the device used for the preliminary test is or becomes defective, precluding its satisfactory operation to analyse the specimen of breath or saliva; or\n- (ii) for any reason, it is not possible to use or continue using the device to conduct the preliminary test; or\n- (iii) for another reason, it is not possible to complete the preliminary test.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Time limit on giving direction to provide specimen for preliminary testing","content":"### sec.24 Time limit on giving direction to provide specimen for preliminary testing\n\nThis section applies if a rail safety worker is directed under section 22 or 23 to provide a specimen for preliminary testing.\nThe preliminary test must be commenced as soon as practicable and, in any event, within 3 hours after the relevant time.\nFor subsection (2) , the preliminary test commences when the rail safety worker is first presented with the device used for the preliminary test for the purpose of providing the specimen.\nIn this section—\nrelevant time means—\nwhen the authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or\nwhen the rail safety worker is reasonably suspected by the authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .\n(sec.24-ssec.1) This section applies if a rail safety worker is directed under section 22 or 23 to provide a specimen for preliminary testing.\n(sec.24-ssec.2) The preliminary test must be commenced as soon as practicable and, in any event, within 3 hours after the relevant time.\n(sec.24-ssec.3) For subsection (2) , the preliminary test commences when the rail safety worker is first presented with the device used for the preliminary test for the purpose of providing the specimen.\n(sec.24-ssec.4) In this section— relevant time means— when the authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or when the rail safety worker is reasonably suspected by the authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .\n- (a) when the authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or\n- (b) when the rail safety worker is reasonably suspected by the authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Limitation on direction to provide specimen for preliminary testing—prescribed medical certificate","content":"### sec.25 Limitation on direction to provide specimen for preliminary testing—prescribed medical certificate\n\nThis section applies if—\nan authorised person directs a rail safety worker under section 22 or 23 to provide a specimen for preliminary testing; and\nthe worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.\nThe authorised person must not require the rail safety worker to comply with the direction, but may instead give the worker a direction under section 22 or 23 to provide a specimen of the type to which the prescribed medical certificate does not relate.\n(sec.25-ssec.1) This section applies if— an authorised person directs a rail safety worker under section 22 or 23 to provide a specimen for preliminary testing; and the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.\n(sec.25-ssec.2) The authorised person must not require the rail safety worker to comply with the direction, but may instead give the worker a direction under section 22 or 23 to provide a specimen of the type to which the prescribed medical certificate does not relate.\n- (a) an authorised person directs a rail safety worker under section 22 or 23 to provide a specimen for preliminary testing; and\n- (b) the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.","sortOrder":30},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Provision of specimens of breath or saliva for analysis or blood for testing","content":"## Provision of specimens of breath or saliva for analysis or blood for testing","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of division","content":"### sec.26 Application of division\n\nThis division applies if a rail safety worker is directed under division 3 by an authorised person to provide a specimen for preliminary testing and—\nit appears to the authorised person, because of a preliminary test carried out by the authorised person on the specimen, that the worker is over the prescribed concentration of alcohol or that a prescribed drug is present in the worker’s saliva; or\nthe worker—\nfails to comply with the direction; or\ndeclines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or\nthe worker is not required to comply with the direction because the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.\n- (a) it appears to the authorised person, because of a preliminary test carried out by the authorised person on the specimen, that the worker is over the prescribed concentration of alcohol or that a prescribed drug is present in the worker’s saliva; or\n- (b) the worker— (i) fails to comply with the direction; or (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or\n- (i) fails to comply with the direction; or\n- (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or\n- (c) the worker is not required to comply with the direction because the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen.\n- (i) fails to comply with the direction; or\n- (ii) declines to wait for a reasonable time to enable the preliminary test to be carried out satisfactorily; or","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Requirement to submit to breath analysis, saliva analysis or blood test","content":"### sec.27 Requirement to submit to breath analysis, saliva analysis or blood test\n\nThe authorised person who directed the rail safety worker to provide a specimen for preliminary testing may require the worker to submit to—\nif section 26 (a) or (b) applies—1 or more of the following—\na breath analysis under the national law, section 126 ;\na saliva analysis under the national law, section 127 ;\na blood test under the national law, section 127 ; or\nif section 26 (c) applies—a blood test under the national law, section 127 .\nThis division applies for the purpose of making the requirement.\n(sec.27-ssec.1) The authorised person who directed the rail safety worker to provide a specimen for preliminary testing may require the worker to submit to— if section 26 (a) or (b) applies—1 or more of the following— a breath analysis under the national law, section 126 ; a saliva analysis under the national law, section 127 ; a blood test under the national law, section 127 ; or if section 26 (c) applies—a blood test under the national law, section 127 .\n(sec.27-ssec.2) This division applies for the purpose of making the requirement.\n- (a) if section 26 (a) or (b) applies—1 or more of the following— (i) a breath analysis under the national law, section 126 ; (ii) a saliva analysis under the national law, section 127 ; (iii) a blood test under the national law, section 127 ; or\n- (i) a breath analysis under the national law, section 126 ;\n- (ii) a saliva analysis under the national law, section 127 ;\n- (iii) a blood test under the national law, section 127 ; or\n- (b) if section 26 (c) applies—a blood test under the national law, section 127 .\n- (i) a breath analysis under the national law, section 126 ;\n- (ii) a saliva analysis under the national law, section 127 ;\n- (iii) a blood test under the national law, section 127 ; or","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Direction to provide specimen of breath, saliva or blood","content":"### sec.28 Direction to provide specimen of breath, saliva or blood\n\nAn authorised person may direct the rail safety worker—\nto provide in accordance with the requirement, at a place and time stated by the authorised person, 1 or more of the following—\na specimen of the worker’s breath for a breath analysis;\na specimen of the worker’s saliva for a saliva analysis;\na specimen of the worker’s blood for a laboratory test; and\nto comply with any reasonable requirement for the purpose of providing each of the specimens to which the direction relates.\nThis section does not limit section 34 or 35 .\nSee also sections 34 to 36 and 56 and the national law, sections 126 (3) and 127 (3) for provisions about compliance with a direction given under this section.\n(sec.28-ssec.1) An authorised person may direct the rail safety worker— to provide in accordance with the requirement, at a place and time stated by the authorised person, 1 or more of the following— a specimen of the worker’s breath for a breath analysis; a specimen of the worker’s saliva for a saliva analysis; a specimen of the worker’s blood for a laboratory test; and to comply with any reasonable requirement for the purpose of providing each of the specimens to which the direction relates.\n(sec.28-ssec.2) This section does not limit section 34 or 35 .\n- (a) to provide in accordance with the requirement, at a place and time stated by the authorised person, 1 or more of the following— (i) a specimen of the worker’s breath for a breath analysis; (ii) a specimen of the worker’s saliva for a saliva analysis; (iii) a specimen of the worker’s blood for a laboratory test; and\n- (i) a specimen of the worker’s breath for a breath analysis;\n- (ii) a specimen of the worker’s saliva for a saliva analysis;\n- (iii) a specimen of the worker’s blood for a laboratory test; and\n- (b) to comply with any reasonable requirement for the purpose of providing each of the specimens to which the direction relates.\n- (i) a specimen of the worker’s breath for a breath analysis;\n- (ii) a specimen of the worker’s saliva for a saliva analysis;\n- (iii) a specimen of the worker’s blood for a laboratory test; and","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Direction to provide additional specimens of breath, saliva or blood","content":"### sec.29 Direction to provide additional specimens of breath, saliva or blood\n\nSubsection (2) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s breath or saliva for analysis.\nThe authorised person may direct the rail safety worker to provide additional specimens of breath or saliva to enable the analysis to be carried out if—\nthe worker fails to provide a sufficient specimen for analysis; or\nthe worker provides a sufficient specimen for analysis but—\nthe instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or\nfor any reason, it is not possible to use or continue using the instrument to conduct the analysis; or\nif the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or\nfor any other reason, it is not possible to complete the analysis.\nSubsection (4) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s blood for a laboratory test.\nThe authorised person may direct the rail safety worker to provide additional specimens of blood to enable the laboratory test to be carried out if the worker fails to provide the specimen required for the test.\nThe authorised person may direct the rail safety worker to comply with any reasonable requirement for the purpose of providing an additional specimen under subsection (2) or (4) .\nThis section does not limit section 34 or 35 .\nSee also sections 34 to 36 and 56 and the national law, sections 126 (3) and 127 (3) for provisions about compliance with a direction given under this section.\n(sec.29-ssec.1) Subsection (2) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s breath or saliva for analysis.\n(sec.29-ssec.2) The authorised person may direct the rail safety worker to provide additional specimens of breath or saliva to enable the analysis to be carried out if— the worker fails to provide a sufficient specimen for analysis; or the worker provides a sufficient specimen for analysis but— the instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or for any reason, it is not possible to use or continue using the instrument to conduct the analysis; or if the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or for any other reason, it is not possible to complete the analysis.\n(sec.29-ssec.3) Subsection (4) applies if the rail safety worker is directed under section 28 (1) by an authorised person to provide a specimen of the worker’s blood for a laboratory test.\n(sec.29-ssec.4) The authorised person may direct the rail safety worker to provide additional specimens of blood to enable the laboratory test to be carried out if the worker fails to provide the specimen required for the test.\n(sec.29-ssec.5) The authorised person may direct the rail safety worker to comply with any reasonable requirement for the purpose of providing an additional specimen under subsection (2) or (4) .\n(sec.29-ssec.6) This section does not limit section 34 or 35 .\n- (a) the worker fails to provide a sufficient specimen for analysis; or\n- (b) the worker provides a sufficient specimen for analysis but— (i) the instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or (ii) for any reason, it is not possible to use or continue using the instrument to conduct the analysis; or (iii) if the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or (iv) for any other reason, it is not possible to complete the analysis.\n- (i) the instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or\n- (ii) for any reason, it is not possible to use or continue using the instrument to conduct the analysis; or\n- (iii) if the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or\n- (iv) for any other reason, it is not possible to complete the analysis.\n- (i) the instrument used for the analysis is or becomes defective precluding its satisfactory operation to analyse the specimen of breath or saliva; or\n- (ii) for any reason, it is not possible to use or continue using the instrument to conduct the analysis; or\n- (iii) if the worker provides a specimen of breath—the instrument indicates the presence of alcohol or some other substance in the worker’s mouth; or\n- (iv) for any other reason, it is not possible to complete the analysis.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Direction to provide specimen of breath at police station","content":"### sec.30 Direction to provide specimen of breath at police station\n\nThis section applies if the rail safety worker is directed under section 28 or 29 to provide a specimen of breath for analysis at a police station.\nA police officer who carries out a breath analysis on a specimen of breath provided by the rail safety worker at the police station is taken to be an instrument operator for the purposes of this part.\n(sec.30-ssec.1) This section applies if the rail safety worker is directed under section 28 or 29 to provide a specimen of breath for analysis at a police station.\n(sec.30-ssec.2) A police officer who carries out a breath analysis on a specimen of breath provided by the rail safety worker at the police station is taken to be an instrument operator for the purposes of this part.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Time limit on commencing breath or saliva analysis or blood test","content":"### sec.31 Time limit on commencing breath or saliva analysis or blood test\n\nThis section applies if the rail safety worker is directed under section 28 or 29 to provide a specimen of breath or saliva for analysis or a specimen of blood for a laboratory test.\nThe breath analysis, saliva analysis or blood test must be commenced as soon as practicable and, in any event, within 3 hours after the relevant time.\nFor subsection (2) , the breath analysis commences when the rail safety worker is first presented with the breath analysing instrument for the purpose of providing the specimen of breath.\nFor subsection (2) , the saliva analysis or blood test commences when the rail safety worker is first directed to provide the specimen of saliva or blood.\nIn this section—\nrelevant time means—\nwhen an authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or\nwhen the rail safety worker is reasonably suspected by an authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .\n(sec.31-ssec.1) This section applies if the rail safety worker is directed under section 28 or 29 to provide a specimen of breath or saliva for analysis or a specimen of blood for a laboratory test.\n(sec.31-ssec.2) The breath analysis, saliva analysis or blood test must be commenced as soon as practicable and, in any event, within 3 hours after the relevant time.\n(sec.31-ssec.3) For subsection (2) , the breath analysis commences when the rail safety worker is first presented with the breath analysing instrument for the purpose of providing the specimen of breath.\n(sec.31-ssec.4) For subsection (2) , the saliva analysis or blood test commences when the rail safety worker is first directed to provide the specimen of saliva or blood.\n(sec.31-ssec.5) In this section— relevant time means— when an authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or when the rail safety worker is reasonably suspected by an authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .\n- (a) when an authorised person found the rail safety worker doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) ; or\n- (b) when the rail safety worker is reasonably suspected by an authorised person to have been doing the thing mentioned in the national law , section 126 (1) (a) to (e) or 127 (1) (a) to (e) .","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Limitation on direction to provide specimen of breath or saliva for analysis—prescribed medical certificate","content":"### sec.32 Limitation on direction to provide specimen of breath or saliva for analysis—prescribed medical certificate\n\nAn authorised person must not direct the rail safety worker under section 28 or 29 to provide a specimen of breath or saliva for analysis if—\nthe worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen; or\nthe worker was not required to comply with a direction under division 3 to provide a specimen of that type for preliminary testing because the worker gave the authorised person who directed the worker under division 3 a prescribed medical certificate relating to providing that type of specimen.\n- (a) the worker gives the authorised person a prescribed medical certificate relating to providing that type of specimen; or\n- (b) the worker was not required to comply with a direction under division 3 to provide a specimen of that type for preliminary testing because the worker gave the authorised person who directed the worker under division 3 a prescribed medical certificate relating to providing that type of specimen.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Rail safety worker may request duplicate specimen of saliva or blood","content":"### sec.33 Rail safety worker may request duplicate specimen of saliva or blood\n\nThis section applies if the rail safety worker is directed under section 28 (1) or 29 (2) by an authorised person to provide—\na specimen of saliva for a saliva analysis; or\na specimen of blood for a laboratory test.\nThe rail safety worker may, when or immediately after the specimen of saliva or blood is provided, ask the relevant person to provide the worker with a duplicate specimen.\nThe relevant person must, subject to the rail safety worker providing the duplicate specimen, comply with a request under subsection (2) .\nSee also section 57 in relation to subsection (3) .\nIn this section—\nduplicate specimen means a second specimen of saliva or blood (as applicable).\nrelevant person means the authorised person or health care professional who is taking or took the specimen of saliva or blood mentioned in subsection (1) .\n(sec.33-ssec.1) This section applies if the rail safety worker is directed under section 28 (1) or 29 (2) by an authorised person to provide— a specimen of saliva for a saliva analysis; or a specimen of blood for a laboratory test.\n(sec.33-ssec.2) The rail safety worker may, when or immediately after the specimen of saliva or blood is provided, ask the relevant person to provide the worker with a duplicate specimen.\n(sec.33-ssec.3) The relevant person must, subject to the rail safety worker providing the duplicate specimen, comply with a request under subsection (2) . See also section 57 in relation to subsection (3) .\n(sec.33-ssec.4) In this section— duplicate specimen means a second specimen of saliva or blood (as applicable). relevant person means the authorised person or health care professional who is taking or took the specimen of saliva or blood mentioned in subsection (1) .\n- (a) a specimen of saliva for a saliva analysis; or\n- (b) a specimen of blood for a laboratory test.","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Requirements for providing specimen of breath or saliva for analysis","content":"### sec.34 Requirements for providing specimen of breath or saliva for analysis\n\nA regulation may prescribe requirements about how a specimen of breath or saliva for analysis must be provided.\nTo comply with a direction under this part to provide a specimen of breath or saliva for analysis, a rail safety worker must comply with the prescribed requirements.\n(sec.34-ssec.1) A regulation may prescribe requirements about how a specimen of breath or saliva for analysis must be provided.\n(sec.34-ssec.2) To comply with a direction under this part to provide a specimen of breath or saliva for analysis, a rail safety worker must comply with the prescribed requirements.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Compliance with direction to provide specimen of blood for laboratory test","content":"### sec.35 Compliance with direction to provide specimen of blood for laboratory test\n\nThis section applies if a rail safety worker is directed under this part by an authorised person to provide a specimen of the worker’s blood for a laboratory test.\nTo comply with the direction, the rail safety worker must allow a health care professional to take the specimen when, and in the manner, directed by the health care professional.\n(sec.35-ssec.1) This section applies if a rail safety worker is directed under this part by an authorised person to provide a specimen of the worker’s blood for a laboratory test.\n(sec.35-ssec.2) To comply with the direction, the rail safety worker must allow a health care professional to take the specimen when, and in the manner, directed by the health care professional.","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Health care professional may take specimen of blood without consent","content":"### sec.36 Health care professional may take specimen of blood without consent\n\nIt is lawful for a health care professional to take a specimen of a rail safety worker’s blood under this part even though the rail safety worker has not consented to the taking.","sortOrder":42},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Conduct of analysis and testing of specimens","content":"## Conduct of analysis and testing of specimens","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Who may operate breath analysing instrument","content":"### sec.37 Who may operate breath analysing instrument\n\nA breath analysing instrument must be operated by—\nan authorised person; or\na police officer who is an instrument operator under section 30 .\nDespite subsection (1) , a police officer may operate a breath analysing instrument only if the police officer is authorised by the commissioner under the Transport Operations (Road Use Management) Act 1995 , section 80 (8G) to operate the instrument.\nA certificate mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (8I) is, unless the contrary is proved, conclusive evidence that the police officer named in the certificate is authorised for the purposes of subsection (2) .\n(sec.37-ssec.1) A breath analysing instrument must be operated by— an authorised person; or a police officer who is an instrument operator under section 30 .\n(sec.37-ssec.2) Despite subsection (1) , a police officer may operate a breath analysing instrument only if the police officer is authorised by the commissioner under the Transport Operations (Road Use Management) Act 1995 , section 80 (8G) to operate the instrument.\n(sec.37-ssec.3) A certificate mentioned in the Transport Operations (Road Use Management) Act 1995 , section 80 (8I) is, unless the contrary is proved, conclusive evidence that the police officer named in the certificate is authorised for the purposes of subsection (2) .\n- (a) an authorised person; or\n- (b) a police officer who is an instrument operator under section 30 .","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Delivery of specimen to laboratory","content":"### sec.38 Delivery of specimen to laboratory\n\nThis section applies if a specimen of saliva or blood is provided as directed under this part.\nAs soon as practicable after the specimen is provided, the authorised person who gave the direction must ensure the specimen is delivered, in the way prescribed by regulation, to the laboratory of an analyst.\nIn a proceeding, each of the following is sufficient evidence of compliance with subsection (2) —\nevidence given by the authorised person, or a person who delivered the specimen for the authorised person, of the delivery of the specimen to the laboratory in a way prescribed by regulation;\nthe production in evidence of an analyst’s certificate stating the specimen was delivered to the laboratory by or for the authorised person.\n(sec.38-ssec.1) This section applies if a specimen of saliva or blood is provided as directed under this part.\n(sec.38-ssec.2) As soon as practicable after the specimen is provided, the authorised person who gave the direction must ensure the specimen is delivered, in the way prescribed by regulation, to the laboratory of an analyst.\n(sec.38-ssec.3) In a proceeding, each of the following is sufficient evidence of compliance with subsection (2) — evidence given by the authorised person, or a person who delivered the specimen for the authorised person, of the delivery of the specimen to the laboratory in a way prescribed by regulation; the production in evidence of an analyst’s certificate stating the specimen was delivered to the laboratory by or for the authorised person.\n- (a) evidence given by the authorised person, or a person who delivered the specimen for the authorised person, of the delivery of the specimen to the laboratory in a way prescribed by regulation;\n- (b) the production in evidence of an analyst’s certificate stating the specimen was delivered to the laboratory by or for the authorised person.","sortOrder":45},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Evidentiary matters","content":"## Evidentiary matters","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Breath analysis certificate","content":"### sec.39 Breath analysis certificate\n\nAs soon as practicable after a specimen of breath provided as directed under this part has been analysed, the instrument operator must—\nsign 2 copies of a certificate (a breath analysis certificate ) in writing stating—\nthe concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and\nthe date and time the analysis was made; and\ngive 1 copy of the certificate to—\nthe worker; or\nif requested by the worker—another person on the worker’s behalf; and\neither—\nif the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or\notherwise—give 1 copy of the certificate to the authorised person who gave the direction.\nA copy of a breath analysis certificate is—\nevidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and\nevidence that that instrument was in proper working order and properly operated by the instrument operator; and\nevidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and\npresumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved.\n(sec.39-ssec.1) As soon as practicable after a specimen of breath provided as directed under this part has been analysed, the instrument operator must— sign 2 copies of a certificate (a breath analysis certificate ) in writing stating— the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and the date and time the analysis was made; and give 1 copy of the certificate to— the worker; or if requested by the worker—another person on the worker’s behalf; and either— if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n(sec.39-ssec.2) A copy of a breath analysis certificate is— evidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and evidence that that instrument was in proper working order and properly operated by the instrument operator; and evidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and presumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved.\n- (a) sign 2 copies of a certificate (a breath analysis certificate ) in writing stating— (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and (ii) the date and time the analysis was made; and\n- (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and\n- (ii) the date and time the analysis was made; and\n- (b) give 1 copy of the certificate to— (i) the worker; or (ii) if requested by the worker—another person on the worker’s behalf; and\n- (i) the worker; or\n- (ii) if requested by the worker—another person on the worker’s behalf; and\n- (c) either— (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or\n- (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and\n- (ii) the date and time the analysis was made; and\n- (i) the worker; or\n- (ii) if requested by the worker—another person on the worker’s behalf; and\n- (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or\n- (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (a) evidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and\n- (b) evidence that that instrument was in proper working order and properly operated by the instrument operator; and\n- (c) evidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and\n- (d) presumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Evidence from breath analysing instrument","content":"### sec.40 Evidence from breath analysing instrument\n\nThis section applies to evidence of the concentration of alcohol indicated to be present in the blood or breath of a rail safety worker by a breath analysing instrument that is given by—\nthe instrument operator; or\na copy of a breath analysis certificate purporting to be signed by the operator.\nSubject to subsection (3) , the evidence is conclusive evidence of the concentration of alcohol present in the blood or breath of the rail safety worker at all material times.\nThe rail safety worker may negative the evidence by proving that, at the time of its operation, the breath analysing instrument was not in proper working order or was not properly operated.\nIn this section—\nmaterial times means—\nwhen the rail safety worker provided the specimen of breath; and\nany time during the 3-hour period ending at the time the worker provided the specimen.\n(sec.40-ssec.1) This section applies to evidence of the concentration of alcohol indicated to be present in the blood or breath of a rail safety worker by a breath analysing instrument that is given by— the instrument operator; or a copy of a breath analysis certificate purporting to be signed by the operator.\n(sec.40-ssec.2) Subject to subsection (3) , the evidence is conclusive evidence of the concentration of alcohol present in the blood or breath of the rail safety worker at all material times.\n(sec.40-ssec.3) The rail safety worker may negative the evidence by proving that, at the time of its operation, the breath analysing instrument was not in proper working order or was not properly operated.\n(sec.40-ssec.4) In this section— material times means— when the rail safety worker provided the specimen of breath; and any time during the 3-hour period ending at the time the worker provided the specimen.\n- (a) the instrument operator; or\n- (b) a copy of a breath analysis certificate purporting to be signed by the operator.\n- (a) when the rail safety worker provided the specimen of breath; and\n- (b) any time during the 3-hour period ending at the time the worker provided the specimen.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Certificate about requirement to submit to breath analysis, saliva analysis or blood test","content":"### sec.41 Certificate about requirement to submit to breath analysis, saliva analysis or blood test\n\nThis section applies if a rail safety worker is required under this part by an authorised person to submit to a breath analysis, saliva analysis or blood test.\nAs soon as practicable after making the requirement, the authorised person must sign 2 copies of a certificate in writing stating each of the following—\nthe name of the rail safety worker;\nthe name of the authorised person;\nthe date on which, and the place and time at which, the requirement was made;\nwhether the requirement was to submit to a breath analysis, saliva analysis or blood test;\nin relation to the direction to provide a specimen for preliminary testing given under division 3 before the requirement was made—\nthe date on which, and the place and time at which, the direction was given; and\nwhether the direction was to provide a specimen of breath or saliva, or both, for a preliminary test;\nthe reason, as mentioned in section 26 (a) to (c) , that the requirement was made.\n(sec.41-ssec.1) This section applies if a rail safety worker is required under this part by an authorised person to submit to a breath analysis, saliva analysis or blood test.\n(sec.41-ssec.2) As soon as practicable after making the requirement, the authorised person must sign 2 copies of a certificate in writing stating each of the following— the name of the rail safety worker; the name of the authorised person; the date on which, and the place and time at which, the requirement was made; whether the requirement was to submit to a breath analysis, saliva analysis or blood test; in relation to the direction to provide a specimen for preliminary testing given under division 3 before the requirement was made— the date on which, and the place and time at which, the direction was given; and whether the direction was to provide a specimen of breath or saliva, or both, for a preliminary test; the reason, as mentioned in section 26 (a) to (c) , that the requirement was made.\n- (a) the name of the rail safety worker;\n- (b) the name of the authorised person;\n- (c) the date on which, and the place and time at which, the requirement was made;\n- (d) whether the requirement was to submit to a breath analysis, saliva analysis or blood test;\n- (e) in relation to the direction to provide a specimen for preliminary testing given under division 3 before the requirement was made— (i) the date on which, and the place and time at which, the direction was given; and (ii) whether the direction was to provide a specimen of breath or saliva, or both, for a preliminary test;\n- (i) the date on which, and the place and time at which, the direction was given; and\n- (ii) whether the direction was to provide a specimen of breath or saliva, or both, for a preliminary test;\n- (f) the reason, as mentioned in section 26 (a) to (c) , that the requirement was made.\n- (i) the date on which, and the place and time at which, the direction was given; and\n- (ii) whether the direction was to provide a specimen of breath or saliva, or both, for a preliminary test;","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Certificate about failure to provide specimen of breath or saliva for analysis","content":"### sec.42 Certificate about failure to provide specimen of breath or saliva for analysis\n\nThis section applies if—\na rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and\nthe worker fails to provide a specimen for analysis as directed; and\nthe instrument operator—\nis the authorised person who gave the direction; or\nwitnessed the giving of the direction.\nAs soon as practicable after the rail safety worker fails to provide the specimen, the instrument operator must sign 2 copies of a certificate in writing stating each of the following—\nthe name of the rail safety worker;\nthe name of the authorised person who gave the direction;\nthe name of the operator;\nif the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker;\nwhether the direction was to provide a specimen of breath or saliva;\nthe name and patent number, or name and model number, appearing on the breath analysing instrument;\nthat the worker failed to provide a specimen of breath or saliva for analysis as directed;\ndetails of the worker’s failure to provide a specimen.\n(sec.42-ssec.1) This section applies if— a rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and the worker fails to provide a specimen for analysis as directed; and the instrument operator— is the authorised person who gave the direction; or witnessed the giving of the direction.\n(sec.42-ssec.2) As soon as practicable after the rail safety worker fails to provide the specimen, the instrument operator must sign 2 copies of a certificate in writing stating each of the following— the name of the rail safety worker; the name of the authorised person who gave the direction; the name of the operator; if the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker; whether the direction was to provide a specimen of breath or saliva; the name and patent number, or name and model number, appearing on the breath analysing instrument; that the worker failed to provide a specimen of breath or saliva for analysis as directed; details of the worker’s failure to provide a specimen.\n- (a) a rail safety worker is directed under this part to provide a specimen of the worker’s breath or saliva for analysis; and\n- (b) the worker fails to provide a specimen for analysis as directed; and\n- (c) the instrument operator— (i) is the authorised person who gave the direction; or (ii) witnessed the giving of the direction.\n- (i) is the authorised person who gave the direction; or\n- (ii) witnessed the giving of the direction.\n- (i) is the authorised person who gave the direction; or\n- (ii) witnessed the giving of the direction.\n- (a) the name of the rail safety worker;\n- (b) the name of the authorised person who gave the direction;\n- (c) the name of the operator;\n- (d) if the operator is not the authorised person mentioned in paragraph (b) —that the operator witnessed the giving of the direction to the worker;\n- (e) whether the direction was to provide a specimen of breath or saliva;\n- (f) the name and patent number, or name and model number, appearing on the breath analysing instrument;\n- (g) that the worker failed to provide a specimen of breath or saliva for analysis as directed;\n- (h) details of the worker’s failure to provide a specimen.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Certificate about failure to allow health care professional to take specimen of blood","content":"### sec.43 Certificate about failure to allow health care professional to take specimen of blood\n\nThis section applies if—\na rail safety worker is directed under this part to provide a specimen of the worker’s blood for a laboratory test; and\nthe worker fails to allow a health care professional to take the specimen as required under section 35 ; and\nthe health care professional witnessed the giving of the direction.\nAs soon as practicable after the rail safety worker fails to provide the specimen, the health care professional must sign 2 copies of a certificate in writing stating each of the following—\nthe name of the rail safety worker;\nthe name of the authorised person who gave the direction;\nthe name of the health care professional;\nthat the health care professional witnessed the giving of the direction;\nthat the worker failed to allow the health care professional to take the specimen;\ndetails of the worker’s failure to allow the health care professional to take the specimen.\n(sec.43-ssec.1) This section applies if— a rail safety worker is directed under this part to provide a specimen of the worker’s blood for a laboratory test; and the worker fails to allow a health care professional to take the specimen as required under section 35 ; and the health care professional witnessed the giving of the direction.\n(sec.43-ssec.2) As soon as practicable after the rail safety worker fails to provide the specimen, the health care professional must sign 2 copies of a certificate in writing stating each of the following— the name of the rail safety worker; the name of the authorised person who gave the direction; the name of the health care professional; that the health care professional witnessed the giving of the direction; that the worker failed to allow the health care professional to take the specimen; details of the worker’s failure to allow the health care professional to take the specimen.\n- (a) a rail safety worker is directed under this part to provide a specimen of the worker’s blood for a laboratory test; and\n- (b) the worker fails to allow a health care professional to take the specimen as required under section 35 ; and\n- (c) the health care professional witnessed the giving of the direction.\n- (a) the name of the rail safety worker;\n- (b) the name of the authorised person who gave the direction;\n- (c) the name of the health care professional;\n- (d) that the health care professional witnessed the giving of the direction;\n- (e) that the worker failed to allow the health care professional to take the specimen;\n- (f) details of the worker’s failure to allow the health care professional to take the specimen.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement to give certificate to rail safety worker and authorised person","content":"### sec.44 Requirement to give certificate to rail safety worker and authorised person\n\nAs soon as practicable after signing a certificate under this subdivision about a rail safety worker, a person must—\ngive 1 copy of the certificate to—\nthe rail safety worker; or\nif requested by the worker—another person on the worker’s behalf; and\neither—\nif the person is the authorised person who gave the direction—retain 1 copy of the certificate; or\notherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (a) give 1 copy of the certificate to— (i) the rail safety worker; or (ii) if requested by the worker—another person on the worker’s behalf; and\n- (i) the rail safety worker; or\n- (ii) if requested by the worker—another person on the worker’s behalf; and\n- (b) either— (i) if the person is the authorised person who gave the direction—retain 1 copy of the certificate; or (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (i) if the person is the authorised person who gave the direction—retain 1 copy of the certificate; or\n- (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.\n- (i) the rail safety worker; or\n- (ii) if requested by the worker—another person on the worker’s behalf; and\n- (i) if the person is the authorised person who gave the direction—retain 1 copy of the certificate; or\n- (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction.","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Certificate evidence","content":"### sec.45 Certificate evidence\n\nA certificate signed under section 41 is, unless the contrary is proved, conclusive evidence of each of the following—\na requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate;\nbefore the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate;\nthe reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made.\nA certificate signed under section 42 is, unless the contrary is proved, conclusive evidence of each of the following—\na direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate;\nthe worker failed to comply with the direction;\nif the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction.\nA certificate signed under section 43 is, unless the contrary is proved, conclusive evidence of each of the following—\na direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate;\nthe worker failed to comply with the direction.\n(sec.45-ssec.1) A certificate signed under section 41 is, unless the contrary is proved, conclusive evidence of each of the following— a requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate; before the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate; the reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made.\n(sec.45-ssec.2) A certificate signed under section 42 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction; if the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction.\n(sec.45-ssec.3) A certificate signed under section 43 is, unless the contrary is proved, conclusive evidence of each of the following— a direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate; the worker failed to comply with the direction.\n- (a) a requirement to submit to a breath analysis, saliva analysis or blood test was made under this part of the rail safety worker named in the certificate by the authorised person named in the certificate;\n- (b) before the requirement mentioned in paragraph (a) was made, a direction to provide a specimen for preliminary testing was given under division 3 to the rail safety worker named in the certificate by the authorised person named in the certificate;\n- (c) the reason, as mentioned in section 26 (a) to (c) , that the requirement mentioned in paragraph (a) was made.\n- (a) a direction to provide a specimen of breath or saliva for analysis was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate;\n- (b) the worker failed to comply with the direction;\n- (c) if the direction was to provide a specimen of breath for analysis—a breath analysing instrument was available at the place and time at which the worker was to have provided the specimen in compliance with the direction.\n- (a) a direction to provide a specimen of blood for a laboratory test was given under this part to the rail safety worker named in the certificate by the authorised person named in the certificate;\n- (b) the worker failed to comply with the direction.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Analyst’s certificate","content":"### sec.46 Analyst’s certificate\n\nThis section applies if an analyst carries out a laboratory test on a specimen of saliva or blood obtained under this part (the delivered specimen ).\nAs soon as practicable after carrying out the test, the analyst must sign a certificate (an analyst’s certificate ) stating each of the following—\nthat the delivered specimen was received at the laboratory of the analyst;\nthe name of the rail safety worker from whom the delivered specimen was obtained;\nthe date on which, and the place and time at which, the delivered specimen was obtained from the rail safety worker;\nthe name of the authorised person from whom the delivered specimen was received;\nwhether the delivered specimen is a specimen of saliva or blood;\nthe date on which, and the place at which, the analyst or another analyst carried out the laboratory test;\nif the laboratory test was carried out by another analyst—that the analyst who signed the certificate—\nexamined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and\nconfirms that the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen in place in the laboratory at the time of the test were complied with;\nif the delivered specimen was a specimen of saliva—whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s saliva and, if so, the name of the drug;\nif the delivered specimen was a specimen of blood—\nthe concentration of alcohol in the worker’s blood indicated by the test; and\nwhether any drug or metabolite of any drug was indicated by the test to be present in the worker’s blood and, if so, the name of the drug.\n(sec.46-ssec.1) This section applies if an analyst carries out a laboratory test on a specimen of saliva or blood obtained under this part (the delivered specimen ).\n(sec.46-ssec.2) As soon as practicable after carrying out the test, the analyst must sign a certificate (an analyst’s certificate ) stating each of the following— that the delivered specimen was received at the laboratory of the analyst; the name of the rail safety worker from whom the delivered specimen was obtained; the date on which, and the place and time at which, the delivered specimen was obtained from the rail safety worker; the name of the authorised person from whom the delivered specimen was received; whether the delivered specimen is a specimen of saliva or blood; the date on which, and the place at which, the analyst or another analyst carried out the laboratory test; if the laboratory test was carried out by another analyst—that the analyst who signed the certificate— examined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and confirms that the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen in place in the laboratory at the time of the test were complied with; if the delivered specimen was a specimen of saliva—whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s saliva and, if so, the name of the drug; if the delivered specimen was a specimen of blood— the concentration of alcohol in the worker’s blood indicated by the test; and whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s blood and, if so, the name of the drug.\n- (a) that the delivered specimen was received at the laboratory of the analyst;\n- (b) the name of the rail safety worker from whom the delivered specimen was obtained;\n- (c) the date on which, and the place and time at which, the delivered specimen was obtained from the rail safety worker;\n- (d) the name of the authorised person from whom the delivered specimen was received;\n- (e) whether the delivered specimen is a specimen of saliva or blood;\n- (f) the date on which, and the place at which, the analyst or another analyst carried out the laboratory test;\n- (g) if the laboratory test was carried out by another analyst—that the analyst who signed the certificate— (i) examined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and (ii) confirms that the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen in place in the laboratory at the time of the test were complied with;\n- (i) examined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and\n- (ii) confirms that the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen in place in the laboratory at the time of the test were complied with;\n- (h) if the delivered specimen was a specimen of saliva—whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s saliva and, if so, the name of the drug;\n- (i) if the delivered specimen was a specimen of blood— (i) the concentration of alcohol in the worker’s blood indicated by the test; and (ii) whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s blood and, if so, the name of the drug.\n- (i) the concentration of alcohol in the worker’s blood indicated by the test; and\n- (ii) whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s blood and, if so, the name of the drug.\n- (i) examined the laboratory’s records about the receipt, storage and testing of the delivered specimen; and\n- (ii) confirms that the records show that all quality assurance procedures for the receipt, storage and testing of the delivered specimen in place in the laboratory at the time of the test were complied with;\n- (i) the concentration of alcohol in the worker’s blood indicated by the test; and\n- (ii) whether any drug or metabolite of any drug was indicated by the test to be present in the worker’s blood and, if so, the name of the drug.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Requirement to give analyst’s certificate to authorised person and rail safety worker","content":"### sec.47 Requirement to give analyst’s certificate to authorised person and rail safety worker\n\nAs soon as practicable after signing an analyst’s certificate under section 46 about a specimen provided by a rail safety worker as directed under this part, an analyst must give 2 copies of the certificate to the authorised person who gave the direction.\nAs soon as practicable after being given the copies of the analyst’s certificate, the authorised person must give 1 copy to the rail safety worker, either personally or by registered post.\n(sec.47-ssec.1) As soon as practicable after signing an analyst’s certificate under section 46 about a specimen provided by a rail safety worker as directed under this part, an analyst must give 2 copies of the certificate to the authorised person who gave the direction.\n(sec.47-ssec.2) As soon as practicable after being given the copies of the analyst’s certificate, the authorised person must give 1 copy to the rail safety worker, either personally or by registered post.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Evidence from laboratory test","content":"### sec.48 Evidence from laboratory test\n\nThis section applies to evidence given by an analyst or analyst’s certificate of—\nthe concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or\nthe presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or\nthe presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood.\nSubject to subsection (5) , evidence mentioned in subsection (1) (a) is conclusive evidence of the concentration of alcohol present in the rail safety worker’s blood at all material times.\nSubject to subsection (5) , evidence mentioned in subsection (1) (b) is conclusive evidence of the presence of a prescribed drug or a metabolite of a prescribed drug in the rail safety worker’s saliva or blood at all material times.\nSubject to subsection (5) , evidence mentioned in subsection (1) (c) is conclusive evidence of the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in the rail safety worker’s blood at all material times.\nThe rail safety worker may negative evidence mentioned in subsection (1) by proving the result of the laboratory test was not correct.\nIn this section—\nmaterial times means—\nwhen the rail safety worker provided the specimen of saliva or blood; and\nany time during the 3-hour period ending at the time the worker provided the specimen.\n(sec.48-ssec.1) This section applies to evidence given by an analyst or analyst’s certificate of— the concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or the presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood.\n(sec.48-ssec.2) Subject to subsection (5) , evidence mentioned in subsection (1) (a) is conclusive evidence of the concentration of alcohol present in the rail safety worker’s blood at all material times.\n(sec.48-ssec.3) Subject to subsection (5) , evidence mentioned in subsection (1) (b) is conclusive evidence of the presence of a prescribed drug or a metabolite of a prescribed drug in the rail safety worker’s saliva or blood at all material times.\n(sec.48-ssec.4) Subject to subsection (5) , evidence mentioned in subsection (1) (c) is conclusive evidence of the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in the rail safety worker’s blood at all material times.\n(sec.48-ssec.5) The rail safety worker may negative evidence mentioned in subsection (1) by proving the result of the laboratory test was not correct.\n(sec.48-ssec.6) In this section— material times means— when the rail safety worker provided the specimen of saliva or blood; and any time during the 3-hour period ending at the time the worker provided the specimen.\n- (a) the concentration of alcohol indicated by a laboratory test to be present in a rail safety worker’s blood; or\n- (b) the presence of a prescribed drug or a metabolite of a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s saliva or blood; or\n- (c) the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug, as indicated by a laboratory test, in a rail safety worker’s blood.\n- (a) when the rail safety worker provided the specimen of saliva or blood; and\n- (b) any time during the 3-hour period ending at the time the worker provided the specimen.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Production of analyst’s certificate","content":"### sec.49 Production of analyst’s certificate\n\nThis section applies if a laboratory test has been conducted under this part on a specimen of a rail safety worker’s saliva or blood.\nA court dealing with a charge against the rail safety worker for an offence against the national law , part 3 must adjourn the hearing as required to—\nenable the production in evidence of the analyst’s certificate about the specimen; and\nif a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence.\nThis section does not prevent the court, in its discretion, dealing with the charge for the offence before the result of the laboratory test of the specimen is known if—\nthe rail safety worker applies to the court for it to deal with the charge under this subsection; and\nthe worker pleads guilty to the offence; and\nthe court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter.\n(sec.49-ssec.1) This section applies if a laboratory test has been conducted under this part on a specimen of a rail safety worker’s saliva or blood.\n(sec.49-ssec.2) A court dealing with a charge against the rail safety worker for an offence against the national law , part 3 must adjourn the hearing as required to— enable the production in evidence of the analyst’s certificate about the specimen; and if a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence.\n(sec.49-ssec.3) This section does not prevent the court, in its discretion, dealing with the charge for the offence before the result of the laboratory test of the specimen is known if— the rail safety worker applies to the court for it to deal with the charge under this subsection; and the worker pleads guilty to the offence; and the court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter.\n- (a) enable the production in evidence of the analyst’s certificate about the specimen; and\n- (b) if a copy of the certificate has not been given to the worker under section 47 (2) —ensure a copy of the certificate is given to the worker at least 3 days before the certificate is produced in evidence.\n- (a) the rail safety worker applies to the court for it to deal with the charge under this subsection; and\n- (b) the worker pleads guilty to the offence; and\n- (c) the court is satisfied that the facts available to be put forward by the prosecution, and unchallenged by the worker, are sufficient to enable it to properly deal with the matter.","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Evidentiary provision for laboratory equipment","content":"### sec.50 Evidentiary provision for laboratory equipment\n\nIn a proceeding for an offence against the national law , part 3 , unless the contrary is proved, equipment used in a laboratory test of a specimen of saliva or blood is to be taken to have given accurate results.","sortOrder":58},{"sectionNumber":"sec.51","sectionType":"section","heading":"Certificate by health care professional about taking of specimen","content":"### sec.51 Certificate by health care professional about taking of specimen\n\nThis section applies if a health care professional takes a specimen of saliva for analysis, or a specimen of blood for a laboratory test, under this part.\nThe health care professional must sign a certificate in writing stating—\nthat the health care professional took a specimen of saliva for analysis, or a specimen of blood for a laboratory test, from a rail safety worker; and\nthe name of the worker; and\nthe date on which, and the place and time at which, the specimen was taken.\n(sec.51-ssec.1) This section applies if a health care professional takes a specimen of saliva for analysis, or a specimen of blood for a laboratory test, under this part.\n(sec.51-ssec.2) The health care professional must sign a certificate in writing stating— that the health care professional took a specimen of saliva for analysis, or a specimen of blood for a laboratory test, from a rail safety worker; and the name of the worker; and the date on which, and the place and time at which, the specimen was taken.\n- (a) that the health care professional took a specimen of saliva for analysis, or a specimen of blood for a laboratory test, from a rail safety worker; and\n- (b) the name of the worker; and\n- (c) the date on which, and the place and time at which, the specimen was taken.","sortOrder":59},{"sectionNumber":"sec.52","sectionType":"section","heading":"Certificate by particular person is evidence of matters relating to that person","content":"### sec.52 Certificate by particular person is evidence of matters relating to that person\n\nThis section applies to a certificate that is or purports to be signed by any of the following—\nan instrument operator under subdivision 1 or 2 ;\na health care professional under subdivision 2 or section 51 ;\nan analyst under section 46 .\nThe certificate is, unless the contrary is proved, conclusive evidence—\nthat the signature on the certificate is the signature of the person by whom the certificate purports to be made; and\nof all matters stated in the certificate, including the status, authority or qualification of the person by whom the certificate purports to be made.\nThis section does not limit section 39 or 45 .\n(sec.52-ssec.1) This section applies to a certificate that is or purports to be signed by any of the following— an instrument operator under subdivision 1 or 2 ; a health care professional under subdivision 2 or section 51 ; an analyst under section 46 .\n(sec.52-ssec.2) The certificate is, unless the contrary is proved, conclusive evidence— that the signature on the certificate is the signature of the person by whom the certificate purports to be made; and of all matters stated in the certificate, including the status, authority or qualification of the person by whom the certificate purports to be made.\n(sec.52-ssec.3) This section does not limit section 39 or 45 .\n- (a) an instrument operator under subdivision 1 or 2 ;\n- (b) a health care professional under subdivision 2 or section 51 ;\n- (c) an analyst under section 46 .\n- (a) that the signature on the certificate is the signature of the person by whom the certificate purports to be made; and\n- (b) of all matters stated in the certificate, including the status, authority or qualification of the person by whom the certificate purports to be made.","sortOrder":60},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Provisions about particular types of evidence obtained under this part","content":"## Provisions about particular types of evidence obtained under this part","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Admissibility of evidence of alcohol or drug in proceedings for particular offences","content":"### sec.53 Admissibility of evidence of alcohol or drug in proceedings for particular offences\n\nThis section applies to evidence obtained under this part of any or all of the following—\nthe concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence;\nthe presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence;\nthe presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence.\nThe evidence—\nis admissible in a proceeding against the rail safety worker for the relevant offence, whether—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment; and\nmust not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part.\nIn a proceeding mentioned in subsection (2) , the evidence—\nmay be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and\nis admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and\nhas the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding.\nIn this section—\nrelevant offence means—\nan offence against the national law , section 58 or 128 ; or\nan indictable offence in connection with a prescribed notifiable occurrence.\n(sec.53-ssec.1) This section applies to evidence obtained under this part of any or all of the following— the concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence; the presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence; the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence.\n(sec.53-ssec.2) The evidence— is admissible in a proceeding against the rail safety worker for the relevant offence, whether— by way of summary proceedings under the Justices Act 1886 ; or on indictment; and must not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part.\n(sec.53-ssec.3) In a proceeding mentioned in subsection (2) , the evidence— may be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and is admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and has the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding.\n(sec.53-ssec.4) In this section— relevant offence means— an offence against the national law , section 58 or 128 ; or an indictable offence in connection with a prescribed notifiable occurrence.\n- (a) the concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence;\n- (b) the presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence;\n- (c) the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence.\n- (a) is admissible in a proceeding against the rail safety worker for the relevant offence, whether— (i) by way of summary proceedings under the Justices Act 1886 ; or (ii) on indictment; and\n- (i) by way of summary proceedings under the Justices Act 1886 ; or\n- (ii) on indictment; and\n- (b) must not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part.\n- (i) by way of summary proceedings under the Justices Act 1886 ; or\n- (ii) on indictment; and\n- (a) may be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and\n- (b) is admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and\n- (c) has the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding.\n- (a) an offence against the national law , section 58 or 128 ; or\n- (b) an indictable offence in connection with a prescribed notifiable occurrence.","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Defendant to give notice of intention to lead evidence of particular matters","content":"### sec.54 Defendant to give notice of intention to lead evidence of particular matters\n\nThis section applies if, in a proceeding, a defendant proposes to lead evidence—\nunder section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or\nunder section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or\nunder section 52 (2) in relation to a certificate mentioned in section 52 (1) that—\nthe signature on the certificate is not the signature of the person by whom the certificate purports to be made; or\na matter stated in a certificate mentioned in section 52 (1) is not correct.\nThe defendant must give the prosecution at least 14 clear days’ notice of the defendant’s proposal to lead the evidence.\nFor subsection (2) , the notice must—\nbe in writing signed by the defendant or the defendant’s solicitor; and\nif it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and\na claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood\nif it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct.\n(sec.54-ssec.1) This section applies if, in a proceeding, a defendant proposes to lead evidence— under section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or under section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or under section 52 (2) in relation to a certificate mentioned in section 52 (1) that— the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or a matter stated in a certificate mentioned in section 52 (1) is not correct.\n(sec.54-ssec.2) The defendant must give the prosecution at least 14 clear days’ notice of the defendant’s proposal to lead the evidence.\n(sec.54-ssec.3) For subsection (2) , the notice must— be in writing signed by the defendant or the defendant’s solicitor; and if it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and a claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood if it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct.\n- (a) under section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or\n- (b) under section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or\n- (c) under section 52 (2) in relation to a certificate mentioned in section 52 (1) that— (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct.\n- (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or\n- (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct.\n- (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or\n- (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct.\n- (a) be in writing signed by the defendant or the defendant’s solicitor; and\n- (b) if it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and Example for paragraph (b) — a claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood\n- (c) if it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct.","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Particular persons may be required to attend hearing with leave of court","content":"### sec.55 Particular persons may be required to attend hearing with leave of court\n\nThis section applies if, in a proceeding, a defendant gives a notice under section 54 (2) for evidence mentioned in section 54 (1) (b) .\nThe defendant may, with leave of the court, require a person who was involved in the taking, receipt, storage or testing of the specimen of saliva or blood to attend the hearing of the proceeding to give evidence.\nThe court may grant leave if satisfied—\nthere is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or\nit is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.\n(sec.55-ssec.1) This section applies if, in a proceeding, a defendant gives a notice under section 54 (2) for evidence mentioned in section 54 (1) (b) .\n(sec.55-ssec.2) The defendant may, with leave of the court, require a person who was involved in the taking, receipt, storage or testing of the specimen of saliva or blood to attend the hearing of the proceeding to give evidence.\n(sec.55-ssec.3) The court may grant leave if satisfied— there is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or it is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.\n- (a) there is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or\n- (b) it is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.","sortOrder":64},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Defence to prosecution for offence against national law , s 126 (3) or 127 (3)","content":"### sec.56 Defence to prosecution for offence against national law , s 126 (3) or 127 (3)\n\nIt is a defence to the prosecution of a rail safety worker for an offence against the national law , section 126 (3) or 127 (3) in relation to a direction given by an authorised person under section 126 (2) or 127 (2) of that law or this part for the worker to prove that—\nthe direction was not lawfully given; or\nif the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or\nthe worker had another reasonable excuse.\nFor subsection (1) (c) , it is not a reasonable excuse that complying with the direction might tend to incriminate the rail safety worker.\n(sec.56-ssec.1) It is a defence to the prosecution of a rail safety worker for an offence against the national law , section 126 (3) or 127 (3) in relation to a direction given by an authorised person under section 126 (2) or 127 (2) of that law or this part for the worker to prove that— the direction was not lawfully given; or if the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or the worker had another reasonable excuse.\n(sec.56-ssec.2) For subsection (1) (c) , it is not a reasonable excuse that complying with the direction might tend to incriminate the rail safety worker.\n- (a) the direction was not lawfully given; or\n- (b) if the direction was to provide a specimen of breath or saliva—immediately after the direction was given, the worker gave the authorised person a prescribed medical certificate relating to providing that type of specimen; or\n- (c) the worker had another reasonable excuse.","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Omission is not an offence","content":"### sec.57 Omission is not an offence\n\nTo remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under—\nsection 33 (3) ; or\ndivision 5 or 6 .\n- (a) section 33 (3) ; or\n- (b) division 5 or 6 .","sortOrder":67},{"sectionNumber":"pt.4","sectionType":"part","heading":"Funding for Australian Transport Safety Bureau under Transport Safety Investigation Act 2003 (Cwlth)","content":"# Funding for Australian Transport Safety Bureau under Transport Safety Investigation Act 2003 (Cwlth)","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definition for part","content":"### sec.58 Definition for part\n\nIn this part—\nrail safety investigation fee see section 59 (1) .","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Rail safety investigation fees","content":"### sec.59 Rail safety investigation fees\n\nAn accredited person prescribed by regulation must pay, for the period prescribed by regulation, the fee (a rail safety investigation fee ) prescribed by regulation to provide funding for the Australian Transport Safety Bureau to carry out its functions under the Transport Safety Investigation Act 2003 (Cwlth) in relation to transport safety matters relating to rail vehicles in the State.\nA rail safety investigation fee must be paid to the chief executive on or before the date prescribed by regulation.\nThe chief executive may accept payment of a rail safety investigation fee payable by an accredited person under an agreement made with the person, whether by payment of instalments or otherwise.\nThe chief executive may—\nwaive payment of the whole or part of a rail safety investigation fee payable by an accredited person; or\nrefund the whole or part of a rail safety investigation fee paid by an accredited person.\n(sec.59-ssec.1) An accredited person prescribed by regulation must pay, for the period prescribed by regulation, the fee (a rail safety investigation fee ) prescribed by regulation to provide funding for the Australian Transport Safety Bureau to carry out its functions under the Transport Safety Investigation Act 2003 (Cwlth) in relation to transport safety matters relating to rail vehicles in the State.\n(sec.59-ssec.2) A rail safety investigation fee must be paid to the chief executive on or before the date prescribed by regulation.\n(sec.59-ssec.3) The chief executive may accept payment of a rail safety investigation fee payable by an accredited person under an agreement made with the person, whether by payment of instalments or otherwise.\n(sec.59-ssec.4) The chief executive may— waive payment of the whole or part of a rail safety investigation fee payable by an accredited person; or refund the whole or part of a rail safety investigation fee paid by an accredited person.\n- (a) waive payment of the whole or part of a rail safety investigation fee payable by an accredited person; or\n- (b) refund the whole or part of a rail safety investigation fee paid by an accredited person.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Requirement to give chief executive information","content":"### sec.60 Requirement to give chief executive information\n\nIf requested by the chief executive, an accredited person must, as provided by subsection (2) , give the chief executive the information prescribed by regulation for the purpose of calculating, administering and collecting a rail safety investigation fee.\nMaximum penalty—200 penalty units.\nThe information under subsection (1) must be given—\nin the way prescribed by regulation; and\nwithin the period prescribed by regulation; and\nfor the periods prescribed by regulation.\n(sec.60-ssec.1) If requested by the chief executive, an accredited person must, as provided by subsection (2) , give the chief executive the information prescribed by regulation for the purpose of calculating, administering and collecting a rail safety investigation fee. Maximum penalty—200 penalty units.\n(sec.60-ssec.2) The information under subsection (1) must be given— in the way prescribed by regulation; and within the period prescribed by regulation; and for the periods prescribed by regulation.\n- (a) in the way prescribed by regulation; and\n- (b) within the period prescribed by regulation; and\n- (c) for the periods prescribed by regulation.","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Recovery of rail safety investigation fees","content":"### sec.61 Recovery of rail safety investigation fees\n\nA rail safety investigation fee payable under section 59 is a debt due to the State and may be recovered—\nin summary proceedings under the Justices Act 1886 ; or\nby action for a debt in a court with jurisdiction for the recovery of the amount claimed.\nA rail safety investigation fee payable under section 59 may also be recovered in a proceeding for an offence against this Act or the national law.\nAn order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\nAn order made under subsection (2) —\nmay be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and\non being filed, is taken to be an order made by a Magistrates Court constituted under that Act and may be enforced accordingly.\nBefore taking any steps under this section to recover a rail safety investigation fee payable under section 59 by an accredited person, the chief executive must give the person a written notice stating—\nthe amount the chief executive seeks to recover; and\nthat, if the accredited person does not pay the amount, or enter into an arrangement to pay the amount, on or before the date specified in the notice, the chief executive may take steps to recover the amount.\n(sec.61-ssec.1) A rail safety investigation fee payable under section 59 is a debt due to the State and may be recovered— in summary proceedings under the Justices Act 1886 ; or by action for a debt in a court with jurisdiction for the recovery of the amount claimed.\n(sec.61-ssec.2) A rail safety investigation fee payable under section 59 may also be recovered in a proceeding for an offence against this Act or the national law.\n(sec.61-ssec.3) An order made under subsection (2) is enforceable under the Justices Act 1886 as an order for payment of money made by a magistrate under that Act.\n(sec.61-ssec.4) An order made under subsection (2) — may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and on being filed, is taken to be an order made by a Magistrates Court constituted under that Act and may be enforced accordingly.\n(sec.61-ssec.5) Before taking any steps under this section to recover a rail safety investigation fee payable under section 59 by an accredited person, the chief executive must give the person a written notice stating— the amount the chief executive seeks to recover; and that, if the accredited person does not pay the amount, or enter into an arrangement to pay the amount, on or before the date specified in the notice, the chief executive may take steps to recover the amount.\n- (a) in summary proceedings under the Justices Act 1886 ; or\n- (b) by action for a debt in a court with jurisdiction for the recovery of the amount claimed.\n- (a) may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and\n- (b) on being filed, is taken to be an order made by a Magistrates Court constituted under that Act and may be enforced accordingly.\n- (a) the amount the chief executive seeks to recover; and\n- (b) that, if the accredited person does not pay the amount, or enter into an arrangement to pay the amount, on or before the date specified in the notice, the chief executive may take steps to recover the amount.","sortOrder":72},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Provision of information or assistance by chief executive or ONRSR","content":"### sec.62 Provision of information or assistance by chief executive or ONRSR\n\nDespite any other Act or law, the chief executive is authorised, on the chief executive’s own initiative or at the request of ONRSR, to provide ONRSR with—\nany information (including personal information and information given in confidence) in the possession or control of the chief executive reasonably required by ONRSR for administering this Act or the national law; and\nany other assistance reasonably required by ONRSR to perform a function, or exercise a power, under this Act or that law.\nDespite any other Act or law, the chief executive may authorise ONRSR to disclose information provided under subsection (1) even if the information was given to the chief executive in confidence.\nDespite any other Act or law, ONRSR is authorised, on ONRSR’s own initiative or at the request of the chief executive, to provide the chief executive with—\nany information (including personal information and information given in confidence) in the possession or control of ONRSR reasonably required by the chief executive for administering this Act; and\nany other assistance reasonably required by the chief executive to perform a function, or exercise a power, under this Act.\nDespite any other Act or law, ONRSR may authorise the chief executive to disclose information provided under subsection (3) even if the information was given to ONRSR in confidence.\nNothing done, or authorised to be done, by the chief executive in acting under subsection (1) or (2) or ONRSR in acting under subsection (3) or (4) —\nconstitutes a breach of, or default under, an Act or other law; or\nconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\nconstitutes a breach of a duty of confidence, whether arising by contract, in equity or by custom or in any other way; or\nconstitutes a civil or criminal wrong; or\nterminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\nreleases a surety or any other obligee wholly or in part from an obligation.\nIn this section—\npersonal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion.\n(sec.62-ssec.1) Despite any other Act or law, the chief executive is authorised, on the chief executive’s own initiative or at the request of ONRSR, to provide ONRSR with— any information (including personal information and information given in confidence) in the possession or control of the chief executive reasonably required by ONRSR for administering this Act or the national law; and any other assistance reasonably required by ONRSR to perform a function, or exercise a power, under this Act or that law.\n(sec.62-ssec.2) Despite any other Act or law, the chief executive may authorise ONRSR to disclose information provided under subsection (1) even if the information was given to the chief executive in confidence.\n(sec.62-ssec.3) Despite any other Act or law, ONRSR is authorised, on ONRSR’s own initiative or at the request of the chief executive, to provide the chief executive with— any information (including personal information and information given in confidence) in the possession or control of ONRSR reasonably required by the chief executive for administering this Act; and any other assistance reasonably required by the chief executive to perform a function, or exercise a power, under this Act.\n(sec.62-ssec.4) Despite any other Act or law, ONRSR may authorise the chief executive to disclose information provided under subsection (3) even if the information was given to ONRSR in confidence.\n(sec.62-ssec.5) Nothing done, or authorised to be done, by the chief executive in acting under subsection (1) or (2) or ONRSR in acting under subsection (3) or (4) — constitutes a breach of, or default under, an Act or other law; or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or constitutes a breach of a duty of confidence, whether arising by contract, in equity or by custom or in any other way; or constitutes a civil or criminal wrong; or terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or releases a surety or any other obligee wholly or in part from an obligation.\n(sec.62-ssec.6) In this section— personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion.\n- (a) any information (including personal information and information given in confidence) in the possession or control of the chief executive reasonably required by ONRSR for administering this Act or the national law; and\n- (b) any other assistance reasonably required by ONRSR to perform a function, or exercise a power, under this Act or that law.\n- (a) any information (including personal information and information given in confidence) in the possession or control of ONRSR reasonably required by the chief executive for administering this Act; and\n- (b) any other assistance reasonably required by the chief executive to perform a function, or exercise a power, under this Act.\n- (a) constitutes a breach of, or default under, an Act or other law; or\n- (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n- (c) constitutes a breach of a duty of confidence, whether arising by contract, in equity or by custom or in any other way; or\n- (d) constitutes a civil or criminal wrong; or\n- (e) terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n- (f) releases a surety or any other obligee wholly or in part from an obligation.","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Regulation-making power","content":"### sec.63 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may modify the application of a national regulation in this jurisdiction.\n(sec.63-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.63-ssec.2) A regulation may modify the application of a national regulation in this jurisdiction.","sortOrder":75},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal, transitional and validation provisions","content":"# Repeal, transitional and validation provisions","sortOrder":76},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Repeal of Transport (Rail Safety) Act 2010","content":"## Repeal of Transport (Rail Safety) Act 2010","sortOrder":77},{"sectionNumber":"sec.64","sectionType":"section","heading":"Repeal","content":"### sec.64 Repeal\n\nThe Transport (Rail Safety) Act 2010 , No. 6 is repealed.","sortOrder":78},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 4 of 2017","content":"## Transitional provisions for Act No. 4 of 2017","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Definition for division","content":"### sec.65 Definition for division\n\nIn this division—\nrepealed Act means the repealed Transport (Rail Safety) Act 2010 .","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Railway operations to which repealed Act did not apply","content":"### sec.66 Railway operations to which repealed Act did not apply\n\nThis section applies to a person who—\nimmediately before the commencement, was carrying out, or causing or permitting to be carried out, railway operations to which the repealed Act did not apply; and\ncontinues to carry out, or cause or permit to be carried out, the railway operations on and after the commencement.\nThe person can not be prosecuted for an offence against the national law, section 62(1) in respect of the railway operations if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\nIn this section—\ntransitional period means the period starting on the commencement and ending on the earlier of the following—\nwhen the person is granted in respect of the railway operations—\naccreditation under the national law, part 3, division 4; or\nan exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n3 years after the commencement.\n(sec.66-ssec.1) This section applies to a person who— immediately before the commencement, was carrying out, or causing or permitting to be carried out, railway operations to which the repealed Act did not apply; and continues to carry out, or cause or permit to be carried out, the railway operations on and after the commencement.\n(sec.66-ssec.2) The person can not be prosecuted for an offence against the national law, section 62(1) in respect of the railway operations if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\n(sec.66-ssec.3) In this section— transitional period means the period starting on the commencement and ending on the earlier of the following— when the person is granted in respect of the railway operations— accreditation under the national law, part 3, division 4; or an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law; 3 years after the commencement.\n- (a) immediately before the commencement, was carrying out, or causing or permitting to be carried out, railway operations to which the repealed Act did not apply; and\n- (b) continues to carry out, or cause or permit to be carried out, the railway operations on and after the commencement.\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\n- (a) when the person is granted in respect of the railway operations— (i) accreditation under the national law, part 3, division 4; or (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n- (b) 3 years after the commencement.\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Exemption for related bodies corporate","content":"### sec.67 Exemption for related bodies corporate\n\nThis section applies if—\nimmediately before the commencement, a related body corporate of a corporation was exempt under the repealed Act,\nsection 40(2) from the requirement to be accredited for railway operations because—\nthe operations were being carried out by or on behalf of both the corporation and the related body corporate; and\nthe corporation was accredited for the operations; and\nthe operations are continuing to be carried out by or on behalf of both the corporation and the related body corporate on and after the commencement.\nThe related body corporate can not be prosecuted for an offence against the national law, section 62(1) if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\nIn this section—\ntransitional period means the period starting on the commencement and ending on the earlier of the following—\nwhen the related body corporate is granted in respect of the railway operations—\naccreditation under the national law, part 3, division 4; or\nan exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n2 years after the commencement.\n(sec.67-ssec.1) This section applies if— immediately before the commencement, a related body corporate of a corporation was exempt under the repealed Act, section 40(2) from the requirement to be accredited for railway operations because— the operations were being carried out by or on behalf of both the corporation and the related body corporate; and the corporation was accredited for the operations; and the operations are continuing to be carried out by or on behalf of both the corporation and the related body corporate on and after the commencement.\n(sec.67-ssec.2) The related body corporate can not be prosecuted for an offence against the national law, section 62(1) if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\n(sec.67-ssec.3) In this section— transitional period means the period starting on the commencement and ending on the earlier of the following— when the related body corporate is granted in respect of the railway operations— accreditation under the national law, part 3, division 4; or an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law; 2 years after the commencement.\n- (a) immediately before the commencement, a related body corporate of a corporation was exempt under the repealed Act, section 40(2) from the requirement to be accredited for railway operations because— (i) the operations were being carried out by or on behalf of both the corporation and the related body corporate; and (ii) the corporation was accredited for the operations; and\n- (i) the operations were being carried out by or on behalf of both the corporation and the related body corporate; and\n- (ii) the corporation was accredited for the operations; and\n- (b) the operations are continuing to be carried out by or on behalf of both the corporation and the related body corporate on and after the commencement.\n- (i) the operations were being carried out by or on behalf of both the corporation and the related body corporate; and\n- (ii) the corporation was accredited for the operations; and\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).\n- (a) when the related body corporate is granted in respect of the railway operations— (i) accreditation under the national law, part 3, division 4; or (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;\n- (b) 2 years after the commencement.\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;","sortOrder":82},{"sectionNumber":"sec.68","sectionType":"section","heading":"Exemption for particular railway operations","content":"### sec.68 Exemption for particular railway operations\n\nA person who, immediately before the commencement, was exempt under the repealed Act, part 4, division 2, subdivision 4 from the requirements to be accredited for railway operations of a stated scope and nature is taken to be exempt under the national law, part 6, division 2 from the provisions of part 3, division 4 of that law in respect of the railway operations until the transitional period ends.\nSubsection (3) applies if, immediately before the commencement, the exemption was subject to a condition (including a restriction) imposed by the chief executive.\nThe exemption under the repealed Act is taken to be subject to the same condition as if it had been imposed by the Regulator.\nIn this section—\ntransitional period means the period starting on the commencement and ending on the earlier of the following—\nwhen the person is granted in respect of the railway operations—\naccreditation under the national law, part 3, division 4; or\nan exemption under the national law, part 6 from compliance with section 62(1) of that law;\n3 years after the commencement.\n(sec.68-ssec.1) A person who, immediately before the commencement, was exempt under the repealed Act, part 4, division 2, subdivision 4 from the requirements to be accredited for railway operations of a stated scope and nature is taken to be exempt under the national law, part 6, division 2 from the provisions of part 3, division 4 of that law in respect of the railway operations until the transitional period ends.\n(sec.68-ssec.2) Subsection (3) applies if, immediately before the commencement, the exemption was subject to a condition (including a restriction) imposed by the chief executive.\n(sec.68-ssec.3) The exemption under the repealed Act is taken to be subject to the same condition as if it had been imposed by the Regulator.\n(sec.68-ssec.4) In this section— transitional period means the period starting on the commencement and ending on the earlier of the following— when the person is granted in respect of the railway operations— accreditation under the national law, part 3, division 4; or an exemption under the national law, part 6 from compliance with section 62(1) of that law; 3 years after the commencement.\n- (a) when the person is granted in respect of the railway operations— (i) accreditation under the national law, part 3, division 4; or (ii) an exemption under the national law, part 6 from compliance with section 62(1) of that law;\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6 from compliance with section 62(1) of that law;\n- (b) 3 years after the commencement.\n- (i) accreditation under the national law, part 3, division 4; or\n- (ii) an exemption under the national law, part 6 from compliance with section 62(1) of that law;","sortOrder":83},{"sectionNumber":"sec.69","sectionType":"section","heading":"Compliance with registration conditions","content":"### sec.69 Compliance with registration conditions\n\nA rail transport operator to whom section 68(1) of this Act applies can not be prosecuted for an offence against the national law, section 214 if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 48(2).\nIn this section—\ntransitional period means the period starting on the commencement and ending 3 years later.\n(sec.69-ssec.1) A rail transport operator to whom section 68(1) of this Act applies can not be prosecuted for an offence against the national law, section 214 if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 48(2).\n(sec.69-ssec.2) In this section— transitional period means the period starting on the commencement and ending 3 years later.\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 48(2).","sortOrder":84},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application for exemption","content":"### sec.70 Application for exemption\n\nThis section applies if, immediately before the commencement—\na person had applied under the repealed Act, section 43 to the chief executive to exempt the person from the requirement under the repealed Act, section 39(1) to be accredited for railway operations, on or at a low risk railway, of a stated scope and nature; but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person to the Regulator under the national law, section 205 to exempt the person from the requirement under section 62(1) of that law to be accredited for the railway operations.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given the applicant for the application a notice under the repealed Act, section 43(3) requiring the applicant to supply further information or verify information supplied; but\nthe applicant had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the applicant under the national law, section 205(3).\n(sec.70-ssec.1) This section applies if, immediately before the commencement— a person had applied under the repealed Act, section 43 to the chief executive to exempt the person from the requirement under the repealed Act, section 39(1) to be accredited for railway operations, on or at a low risk railway, of a stated scope and nature; but the chief executive had not decided the application.\n(sec.70-ssec.2) The application is taken to be an application made by the person to the Regulator under the national law, section 205 to exempt the person from the requirement under section 62(1) of that law to be accredited for the railway operations.\n(sec.70-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given the applicant for the application a notice under the repealed Act, section 43(3) requiring the applicant to supply further information or verify information supplied; but the applicant had not complied with the notice.\n(sec.70-ssec.4) The notice is taken to be a notice given by the Regulator to the applicant under the national law, section 205(3).\n- (a) a person had applied under the repealed Act, section 43 to the chief executive to exempt the person from the requirement under the repealed Act, section 39(1) to be accredited for railway operations, on or at a low risk railway, of a stated scope and nature; but\n- (b) the chief executive had not decided the application.\n- (a) the chief executive had given the applicant for the application a notice under the repealed Act, section 43(3) requiring the applicant to supply further information or verify information supplied; but\n- (b) the applicant had not complied with the notice.","sortOrder":85},{"sectionNumber":"sec.71","sectionType":"section","heading":"Consideration of and decision on application","content":"### sec.71 Consideration of and decision on application\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive and the applicant for an exemption had agreed under the repealed Act, section 45(3)(b) the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (b) of the definition of relevant period in the national law, section 207(4), the Regulator and the applicant are taken to have agreed the same period.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given the applicant for an exemption a notice under the repealed Act, section 45(3)(c) nominating the period within which the application was required to be decided under that section; but\nthe chief executive had not decided the application.\nFor paragraph (c) of the definition of relevant period in the national law, section 207(4), the Regulator is taken to have specified the same period.\nA notice given by the chief executive under the repealed Act, section 46 to the applicant for an exemption notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 207(1).\n(sec.71-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive and the applicant for an exemption had agreed under the repealed Act, section 45(3)(b) the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.71-ssec.2) For paragraph (b) of the definition of relevant period in the national law, section 207(4), the Regulator and the applicant are taken to have agreed the same period.\n(sec.71-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given the applicant for an exemption a notice under the repealed Act, section 45(3)(c) nominating the period within which the application was required to be decided under that section; but the chief executive had not decided the application.\n(sec.71-ssec.4) For paragraph (c) of the definition of relevant period in the national law, section 207(4), the Regulator is taken to have specified the same period.\n(sec.71-ssec.5) A notice given by the chief executive under the repealed Act, section 46 to the applicant for an exemption notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 207(1).\n- (a) the chief executive and the applicant for an exemption had agreed under the repealed Act, section 45(3)(b) the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.\n- (a) the chief executive had given the applicant for an exemption a notice under the repealed Act, section 45(3)(c) nominating the period within which the application was required to be decided under that section; but\n- (b) the chief executive had not decided the application.","sortOrder":86},{"sectionNumber":"sec.72","sectionType":"section","heading":"Variation, suspension or revocation of exemption","content":"### sec.72 Variation, suspension or revocation of exemption\n\nSubsection (2) applies if—\nimmediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to vary the exemption; and\nthe variation would have taken effect at a particular time on or after the commencement.\nThe decision is taken to be a decision of the Regulator under the national law, section 213(2) to vary the exemption that takes effect at the same time.\nSubsection (4) applies if—\nimmediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to suspend the exemption; and\nthe suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\nThe decision is taken to be a decision of the Regulator under the national law, section 213(2) to suspend the exemption for the same period.\nSubsection (6) applies if—\nimmediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the Regulator under the repealed Act, section 49(2) to revoke the exemption; and\nthe revocation would have taken effect at a particular time on or after the commencement.\nThe revocation is taken to be a decision of the Regulator under the national law, section 213(2) to cancel the exemption that takes effect at the same time.\n(sec.72-ssec.1) Subsection (2) applies if— immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to vary the exemption; and the variation would have taken effect at a particular time on or after the commencement.\n(sec.72-ssec.2) The decision is taken to be a decision of the Regulator under the national law, section 213(2) to vary the exemption that takes effect at the same time.\n(sec.72-ssec.3) Subsection (4) applies if— immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to suspend the exemption; and the suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\n(sec.72-ssec.4) The decision is taken to be a decision of the Regulator under the national law, section 213(2) to suspend the exemption for the same period.\n(sec.72-ssec.5) Subsection (6) applies if— immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the Regulator under the repealed Act, section 49(2) to revoke the exemption; and the revocation would have taken effect at a particular time on or after the commencement.\n(sec.72-ssec.6) The revocation is taken to be a decision of the Regulator under the national law, section 213(2) to cancel the exemption that takes effect at the same time.\n- (a) immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to vary the exemption; and\n- (b) the variation would have taken effect at a particular time on or after the commencement.\n- (a) immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the chief executive under the repealed Act, section 49(2) to suspend the exemption; and\n- (b) the suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\n- (a) immediately before the commencement, an exemption from the requirement to be accredited for railway operations was subject to a decision of the Regulator under the repealed Act, section 49(2) to revoke the exemption; and\n- (b) the revocation would have taken effect at a particular time on or after the commencement.","sortOrder":87},{"sectionNumber":"sec.73","sectionType":"section","heading":"Procedure for varying, suspending or revoking exemption","content":"### sec.73 Procedure for varying, suspending or revoking exemption\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive had given a person a notice under the repealed Act, section 50(1) stating that the chief executive was considering making a decision under section 49 of that Act of the type and for the reasons stated in the notice in relation to the person’s exemption; but\nthe chief executive had not made a decision under section 49 of that Act in relation to the exemption.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 213(3) stating that the Regulator is considering making a decision under section 213(2) of that law of the same kind and for the same reasons in relation to the exemption.\nSubsection (4) applies if, immediately before the commencement—\na person had made written representations under the repealed Act, section 50(1)(a)(ii) showing cause why the chief executive should not make a decision under section 49 of that Act in relation to the person’s exemption; and\nthe person had not withdrawn the representations; and\nthe chief executive had not made a decision under section 49 of that Act in relation to the exemption.\nThe representations are taken to be written representations made by the person to the Regulator under the national law, section 213(3)(a)(ii).\nA notice given by the chief executive under the repealed Act, section 50 notifying a person of the chief executive’s decision under section 49 of that Act in relation to the person’s exemption is taken to be a notice given by the Regulator to the person under the national law, section 213.\n(sec.73-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had given a person a notice under the repealed Act, section 50(1) stating that the chief executive was considering making a decision under section 49 of that Act of the type and for the reasons stated in the notice in relation to the person’s exemption; but the chief executive had not made a decision under section 49 of that Act in relation to the exemption.\n(sec.73-ssec.2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 213(3) stating that the Regulator is considering making a decision under section 213(2) of that law of the same kind and for the same reasons in relation to the exemption.\n(sec.73-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had made written representations under the repealed Act, section 50(1)(a)(ii) showing cause why the chief executive should not make a decision under section 49 of that Act in relation to the person’s exemption; and the person had not withdrawn the representations; and the chief executive had not made a decision under section 49 of that Act in relation to the exemption.\n(sec.73-ssec.4) The representations are taken to be written representations made by the person to the Regulator under the national law, section 213(3)(a)(ii).\n(sec.73-ssec.5) A notice given by the chief executive under the repealed Act, section 50 notifying a person of the chief executive’s decision under section 49 of that Act in relation to the person’s exemption is taken to be a notice given by the Regulator to the person under the national law, section 213.\n- (a) the chief executive had given a person a notice under the repealed Act, section 50(1) stating that the chief executive was considering making a decision under section 49 of that Act of the type and for the reasons stated in the notice in relation to the person’s exemption; but\n- (b) the chief executive had not made a decision under section 49 of that Act in relation to the exemption.\n- (a) a person had made written representations under the repealed Act, section 50(1)(a)(ii) showing cause why the chief executive should not make a decision under section 49 of that Act in relation to the person’s exemption; and\n- (b) the person had not withdrawn the representations; and\n- (c) the chief executive had not made a decision under section 49 of that Act in relation to the exemption.","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Connection between private siding and accredited railway","content":"### sec.74 Connection between private siding and accredited railway\n\nThis section applies if, immediately before the commencement—\nan accredited person for an accredited railway and a rail infrastructure manager of a private siding had entered into an agreement mentioned in the repealed Act, section 54(1) about the siding’s connection with, or access to, the railway; and\neither—\nthe accredited person had given the manager notice under the repealed Act, section 54(3)(a) of proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; or\nthe accredited person had obtained written agreement from the manager as mentioned in the repealed Act, section 54(3)(b) to proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; and\nthe proposed action had not been started or had been started but had not been finished.\nDespite the repeal of the repealed Act, section 54 of that Act continues to apply in relation to the proposed action.\n(sec.74-ssec.1) This section applies if, immediately before the commencement— an accredited person for an accredited railway and a rail infrastructure manager of a private siding had entered into an agreement mentioned in the repealed Act, section 54(1) about the siding’s connection with, or access to, the railway; and either— the accredited person had given the manager notice under the repealed Act, section 54(3)(a) of proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; or the accredited person had obtained written agreement from the manager as mentioned in the repealed Act, section 54(3)(b) to proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; and the proposed action had not been started or had been started but had not been finished.\n(sec.74-ssec.2) Despite the repeal of the repealed Act, section 54 of that Act continues to apply in relation to the proposed action.\n- (a) an accredited person for an accredited railway and a rail infrastructure manager of a private siding had entered into an agreement mentioned in the repealed Act, section 54(1) about the siding’s connection with, or access to, the railway; and\n- (b) either— (i) the accredited person had given the manager notice under the repealed Act, section 54(3)(a) of proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; or (ii) the accredited person had obtained written agreement from the manager as mentioned in the repealed Act, section 54(3)(b) to proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; and\n- (i) the accredited person had given the manager notice under the repealed Act, section 54(3)(a) of proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; or\n- (ii) the accredited person had obtained written agreement from the manager as mentioned in the repealed Act, section 54(3)(b) to proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; and\n- (c) the proposed action had not been started or had been started but had not been finished.\n- (i) the accredited person had given the manager notice under the repealed Act, section 54(3)(a) of proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; or\n- (ii) the accredited person had obtained written agreement from the manager as mentioned in the repealed Act, section 54(3)(b) to proposed action to disconnect the siding from the railway or close the connection between the siding and the railway; and","sortOrder":89},{"sectionNumber":"sec.75","sectionType":"section","heading":"Registration","content":"### sec.75 Registration\n\nSubsection (2) applies if, immediately before the commencement—\na rail infrastructure manager had lodged with the chief executive a request under the repealed Act, section 55 for the registration of a private siding; but\nthe chief executive had not decided the request.\nThe request is taken to be an application made by the rail infrastructure manager to the Regulator under the national law, section 84 for registration of the manager in respect of the private siding.\nSubsection (4) applies if, immediately before the commencement, a private siding was registered under the repealed Act, section 55(3).\nThe rail infrastructure manager of the private siding is taken to be registered under the national law, section 86(1) in respect of the siding.\nSubsection (6) applies if, immediately before the commencement, the private siding’s registration under the repealed Act was subject to a condition (including a restriction) imposed by the chief executive.\nThe rail infrastructure manager’s registration under the national law is taken to be subject to the same condition as if it had been imposed by the Regulator.\n(sec.75-ssec.1) Subsection (2) applies if, immediately before the commencement— a rail infrastructure manager had lodged with the chief executive a request under the repealed Act, section 55 for the registration of a private siding; but the chief executive had not decided the request.\n(sec.75-ssec.2) The request is taken to be an application made by the rail infrastructure manager to the Regulator under the national law, section 84 for registration of the manager in respect of the private siding.\n(sec.75-ssec.3) Subsection (4) applies if, immediately before the commencement, a private siding was registered under the repealed Act, section 55(3).\n(sec.75-ssec.4) The rail infrastructure manager of the private siding is taken to be registered under the national law, section 86(1) in respect of the siding.\n(sec.75-ssec.5) Subsection (6) applies if, immediately before the commencement, the private siding’s registration under the repealed Act was subject to a condition (including a restriction) imposed by the chief executive.\n(sec.75-ssec.6) The rail infrastructure manager’s registration under the national law is taken to be subject to the same condition as if it had been imposed by the Regulator.\n- (a) a rail infrastructure manager had lodged with the chief executive a request under the repealed Act, section 55 for the registration of a private siding; but\n- (b) the chief executive had not decided the request.","sortOrder":90},{"sectionNumber":"sec.76","sectionType":"section","heading":"Compliance with registration conditions","content":"### sec.76 Compliance with registration conditions\n\nA rail infrastructure manager to whom section 75(4) of this Act applies can not be prosecuted for an offence against the national law, section 98(1) if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 57.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.76-ssec.1) A rail infrastructure manager to whom section 75(4) of this Act applies can not be prosecuted for an offence against the national law, section 98(1) if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 57.\n(sec.76-ssec.2) In this section— transitional period means the period starting on the commencement and ending 2 years later.\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 57.","sortOrder":91},{"sectionNumber":"sec.77","sectionType":"section","heading":"Annual registration fee","content":"### sec.77 Annual registration fee\n\nIf the annual registration fee in respect of the registration of a private siding for the financial year in which the commencement happens has been paid under the repealed Act, section 58, the annual registration fee in respect of the registration of the railway infrastructure manager of the private siding for that financial year is taken to have been paid under the national law, section 95.","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Interface coordination for registered private siding","content":"### sec.78 Interface coordination for registered private siding\n\nAn interface agreement that, immediately before the commencement, was in force under the repealed Act, section 59 is taken to be an interface agreement under the national law, section 83(2).\nSubsection (3) applies if, immediately before the commencement—\nthe chief executive had given the railway infrastructure manager of a private siding and the accredited person for an accredited railway a preliminary notice under the applied Act, section 77(2); and\nthe manager and the accredited person had not entered into an interface agreement under the repealed Act, section 59(2) or (4) (as applicable); and\nthe chief executive had not given the manager and the accredited person a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable).\nThe preliminary notice is taken to be a notice given by the Regulator to the manager and the accredited person under the applied law, section 110(2) in relation to their entry into an interface agreement under the national law, section 83(2).\nSubsection (5) applies if, immediately before the commencement—\nthe chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a notice under the applied Act, section 77(3) asking for information; but\nthe manager or accredited person had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the manager or accredited person under the applied law, section 110(3).\nSubsection (7) applies if, immediately before the commencement—\nthe chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable); but\nthe manager or accredited person had not complied with the direction.\nThe direction is taken to be a direction given by the Regulator to the manager or accredited person under the applied law, section 110(4)(b) to give effect to arrangements that are to apply in relation to the risks mentioned in the applied law, section 106(a).\nA register of interface agreements and interface directions that, immediately before the commencement, was maintained by the railway infrastructure manager of a private siding under the repealed Act, section 59(10) is taken to be a register of interface agreements and arrangements maintained by the manager under the applied law, section 111(1).\nIn this section—\napplied Act , followed by a provision number, means the provision of the repealed Act with that number as applied by section 59 (7) of that Act.\napplied law , followed by a provision number, means the provision of the national law with that number as applied by section 83(2)(a) of that law.\n(sec.78-ssec.1) An interface agreement that, immediately before the commencement, was in force under the repealed Act, section 59 is taken to be an interface agreement under the national law, section 83(2).\n(sec.78-ssec.2) Subsection (3) applies if, immediately before the commencement— the chief executive had given the railway infrastructure manager of a private siding and the accredited person for an accredited railway a preliminary notice under the applied Act, section 77(2); and the manager and the accredited person had not entered into an interface agreement under the repealed Act, section 59(2) or (4) (as applicable); and the chief executive had not given the manager and the accredited person a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable).\n(sec.78-ssec.3) The preliminary notice is taken to be a notice given by the Regulator to the manager and the accredited person under the applied law, section 110(2) in relation to their entry into an interface agreement under the national law, section 83(2).\n(sec.78-ssec.4) Subsection (5) applies if, immediately before the commencement— the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a notice under the applied Act, section 77(3) asking for information; but the manager or accredited person had not complied with the notice.\n(sec.78-ssec.5) The notice is taken to be a notice given by the Regulator to the manager or accredited person under the applied law, section 110(3).\n(sec.78-ssec.6) Subsection (7) applies if, immediately before the commencement— the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable); but the manager or accredited person had not complied with the direction.\n(sec.78-ssec.7) The direction is taken to be a direction given by the Regulator to the manager or accredited person under the applied law, section 110(4)(b) to give effect to arrangements that are to apply in relation to the risks mentioned in the applied law, section 106(a).\n(sec.78-ssec.8) A register of interface agreements and interface directions that, immediately before the commencement, was maintained by the railway infrastructure manager of a private siding under the repealed Act, section 59(10) is taken to be a register of interface agreements and arrangements maintained by the manager under the applied law, section 111(1).\n(sec.78-ssec.9) In this section— applied Act , followed by a provision number, means the provision of the repealed Act with that number as applied by section 59 (7) of that Act. applied law , followed by a provision number, means the provision of the national law with that number as applied by section 83(2)(a) of that law.\n- (a) the chief executive had given the railway infrastructure manager of a private siding and the accredited person for an accredited railway a preliminary notice under the applied Act, section 77(2); and\n- (b) the manager and the accredited person had not entered into an interface agreement under the repealed Act, section 59(2) or (4) (as applicable); and\n- (c) the chief executive had not given the manager and the accredited person a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable).\n- (a) the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a notice under the applied Act, section 77(3) asking for information; but\n- (b) the manager or accredited person had not complied with the notice.\n- (a) the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable); but\n- (b) the manager or accredited person had not complied with the direction.","sortOrder":93},{"sectionNumber":"sec.79","sectionType":"section","heading":"Compliant safety management system","content":"### sec.79 Compliant safety management system\n\nA safety management system that, immediately before the commencement, complied with the repealed Act, part 4, division 3, subdivision 2 is taken to be a safety management system that complies with the national law, part 3, division 6.\nSubsection (1) applies only during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.79-ssec.1) A safety management system that, immediately before the commencement, complied with the repealed Act, part 4, division 3, subdivision 2 is taken to be a safety management system that complies with the national law, part 3, division 6.\n(sec.79-ssec.2) Subsection (1) applies only during the transitional period.\n(sec.79-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.","sortOrder":94},{"sectionNumber":"sec.80","sectionType":"section","heading":"Agreement about timing of review of safety management system","content":"### sec.80 Agreement about timing of review of safety management system\n\nIf, immediately before the commencement, the chief executive and a rail transport operator had agreed times or periods for review under the repealed Act, section 65, the Regulator and the operator are taken to have agreed the same times or periods for review under the national law, section 102.","sortOrder":95},{"sectionNumber":"sec.81","sectionType":"section","heading":"Requirement to give safety performance report","content":"### sec.81 Requirement to give safety performance report\n\nIf, immediately before the commencement, the chief executive and a rail transport operator had agreed a reporting period for the repealed Act, section 70, the Regulator and the operator are taken to have agreed the same period for the national law, section 103.","sortOrder":96},{"sectionNumber":"sec.82","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.82 Definitions for subdivision\n\nIn this subdivision—\nrelevant provision of the national law means the national law, section 106(1), 107(1) or (2) or 108(1) or (2) (as applicable).\nrelevant provision of the repealed Act means the repealed Act, section 72(1), 73(1), 74(1), 75(1) or 76(2) (as applicable).","sortOrder":97},{"sectionNumber":"sec.83","sectionType":"section","heading":"Interface agreements","content":"### sec.83 Interface agreements\n\nAn interface agreement that, immediately before the commencement, was in force under the repealed Act, part 4, division 3, subdivision 4 is taken to be an interface agreement under the national law, part 3, division 6, subdivision 2.","sortOrder":98},{"sectionNumber":"sec.84","sectionType":"section","heading":"Rail infrastructure manager’s obligation relating to rail or road crossing for private road","content":"### sec.84 Rail infrastructure manager’s obligation relating to rail or road crossing for private road\n\nThis section applies if, immediately before the commencement—\na rail infrastructure manager had given a road manager for a private road a notice under the repealed Act, section 74(1)(d); but\nthe road manager had not complied with section 76 (2) of that Act in response to the notice.\nThe notice is taken to be a notice given by the rail infrastructure manager to the road manager under the national law, section 108(1)(c)(i).\n(sec.84-ssec.1) This section applies if, immediately before the commencement— a rail infrastructure manager had given a road manager for a private road a notice under the repealed Act, section 74(1)(d); but the road manager had not complied with section 76 (2) of that Act in response to the notice.\n(sec.84-ssec.2) The notice is taken to be a notice given by the rail infrastructure manager to the road manager under the national law, section 108(1)(c)(i).\n- (a) a rail infrastructure manager had given a road manager for a private road a notice under the repealed Act, section 74(1)(d); but\n- (b) the road manager had not complied with section 76 (2) of that Act in response to the notice.","sortOrder":99},{"sectionNumber":"sec.85","sectionType":"section","heading":"Chief executive’s notice about failure to enter into interface agreement","content":"### sec.85 Chief executive’s notice about failure to enter into interface agreement\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive had given a rail transport operator, rail infrastructure manager or road manager, and another person, a preliminary notice under the repealed Act, section 77(2); and\nthe operator or manager and the other person had not entered into an interface agreement under the relevant provision of the repealed Act; and\nthe chief executive had not given the operator or manager or the other person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in that relevant provision.\nThe preliminary notice is taken to be a notice given by the Regulator to the operator or manager and the other person under the national law, section 110(2) in relation to their entry into an interface agreement under the relevant provision of that law.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given a person a notice under the repealed Act, section 77(3) asking for information; but\nthe person had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 110(3).\n(sec.85-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had given a rail transport operator, rail infrastructure manager or road manager, and another person, a preliminary notice under the repealed Act, section 77(2); and the operator or manager and the other person had not entered into an interface agreement under the relevant provision of the repealed Act; and the chief executive had not given the operator or manager or the other person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in that relevant provision.\n(sec.85-ssec.2) The preliminary notice is taken to be a notice given by the Regulator to the operator or manager and the other person under the national law, section 110(2) in relation to their entry into an interface agreement under the relevant provision of that law.\n(sec.85-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given a person a notice under the repealed Act, section 77(3) asking for information; but the person had not complied with the notice.\n(sec.85-ssec.4) The notice is taken to be a notice given by the Regulator to the person under the national law, section 110(3).\n- (a) the chief executive had given a rail transport operator, rail infrastructure manager or road manager, and another person, a preliminary notice under the repealed Act, section 77(2); and\n- (b) the operator or manager and the other person had not entered into an interface agreement under the relevant provision of the repealed Act; and\n- (c) the chief executive had not given the operator or manager or the other person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in that relevant provision.\n- (a) the chief executive had given a person a notice under the repealed Act, section 77(3) asking for information; but\n- (b) the person had not complied with the notice.","sortOrder":100},{"sectionNumber":"sec.86","sectionType":"section","heading":"Chief executive’s direction about arrangement that is to apply","content":"### sec.86 Chief executive’s direction about arrangement that is to apply\n\nThis section applies if, immediately before the commencement—\nthe chief executive had given a person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the relevant provision of the repealed Act; but\nthe person had not complied with the direction.\nThe direction is taken to be a direction given by the Regulator to the person under the national law, section 110(4)(b) to give effect to arrangements that are to apply in relation to the management of the risks mentioned in the relevant provision of that law.\n(sec.86-ssec.1) This section applies if, immediately before the commencement— the chief executive had given a person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the relevant provision of the repealed Act; but the person had not complied with the direction.\n(sec.86-ssec.2) The direction is taken to be a direction given by the Regulator to the person under the national law, section 110(4)(b) to give effect to arrangements that are to apply in relation to the management of the risks mentioned in the relevant provision of that law.\n- (a) the chief executive had given a person a direction under the repealed Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the relevant provision of the repealed Act; but\n- (b) the person had not complied with the direction.","sortOrder":101},{"sectionNumber":"sec.87","sectionType":"section","heading":"Register of interface arrangements","content":"### sec.87 Register of interface arrangements\n\nA register of interface arrangements and interface directions that, immediately before the commencement, was maintained by a rail transport operator under the repealed Act, section 79(1), or by a rail infrastructure manager under the repealed Act, section 79(2), is taken to be a register of interface agreements and arrangements maintained by the operator or manager under the national law, section 111(1).\nA register of interface arrangements and interface directions that, immediately before the commencement, was maintained by a road manager under the repealed Act, section 79(3) is taken to be a register of interface agreements and arrangements maintained by the road manager under the national law, section 111(2).\n(sec.87-ssec.1) A register of interface arrangements and interface directions that, immediately before the commencement, was maintained by a rail transport operator under the repealed Act, section 79(1), or by a rail infrastructure manager under the repealed Act, section 79(2), is taken to be a register of interface agreements and arrangements maintained by the operator or manager under the national law, section 111(1).\n(sec.87-ssec.2) A register of interface arrangements and interface directions that, immediately before the commencement, was maintained by a road manager under the repealed Act, section 79(3) is taken to be a register of interface agreements and arrangements maintained by the road manager under the national law, section 111(2).","sortOrder":102},{"sectionNumber":"sec.88","sectionType":"section","heading":"Compliant security management plan","content":"### sec.88 Compliant security management plan\n\nA security management plan that, immediately before the commencement, complied with the repealed Act, section 81 is taken to be a security management plan that complies with the national law, section 112.\nSubsection (1) applies only during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.88-ssec.1) A security management plan that, immediately before the commencement, complied with the repealed Act, section 81 is taken to be a security management plan that complies with the national law, section 112.\n(sec.88-ssec.2) Subsection (1) applies only during the transitional period.\n(sec.88-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.","sortOrder":103},{"sectionNumber":"sec.89","sectionType":"section","heading":"Compliant emergency management plan","content":"### sec.89 Compliant emergency management plan\n\nAn emergency management plan that, immediately before the commencement, complied with the repealed Act, section 82 is taken to be an emergency management plan that complies with the national law, section 113.\nSubsection (1) applies only during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.89-ssec.1) An emergency management plan that, immediately before the commencement, complied with the repealed Act, section 82 is taken to be an emergency management plan that complies with the national law, section 113.\n(sec.89-ssec.2) Subsection (1) applies only during the transitional period.\n(sec.89-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.","sortOrder":104},{"sectionNumber":"sec.90","sectionType":"section","heading":"Compliant health and fitness management program","content":"### sec.90 Compliant health and fitness management program\n\nA health and fitness management program that, immediately before the commencement, complied with the repealed Act, section 83 is taken to be a health and fitness program that complies with the national law, section 114.\nSubsection (1) applies only during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.90-ssec.1) A health and fitness management program that, immediately before the commencement, complied with the repealed Act, section 83 is taken to be a health and fitness program that complies with the national law, section 114.\n(sec.90-ssec.2) Subsection (1) applies only during the transitional period.\n(sec.90-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.","sortOrder":105},{"sectionNumber":"sec.91","sectionType":"section","heading":"Compliant alcohol and drug management program","content":"### sec.91 Compliant alcohol and drug management program\n\nAn alcohol and drug management program that, immediately before the commencement, complied with the repealed Act, section 84 is taken to be a drug and alcohol management program that complies with the national law, section 115.\nSubsection (1) applies only during the transitional period.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.91-ssec.1) An alcohol and drug management program that, immediately before the commencement, complied with the repealed Act, section 84 is taken to be a drug and alcohol management program that complies with the national law, section 115.\n(sec.91-ssec.2) Subsection (1) applies only during the transitional period.\n(sec.91-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.","sortOrder":106},{"sectionNumber":"sec.92","sectionType":"section","heading":"Compliant fatigue management program","content":"### sec.92 Compliant fatigue management program\n\nDespite the repeal of the repealed Act, the repealed fatigue management provisions are taken to be prescribed requirements under the national law, section 116 relating to fatigue risk management programs, but only until a relevant national regulation commences.\nFor the purposes of subsection (1), a reference in the repealed fatigue management provisions to the chief executive is taken to be a reference to the Regulator.\nA program that, immediately before a relevant national regulation commences, complies with the repealed fatigue management provisions is taken to be a fatigue risk management program that complies with the national law, section 116.\nSubsection (3) applies only during the transitional period.\nIn this section—\nrelevant national regulation means a national regulation prescribing the maximum work hours and minimum rest periods applying to rail safety workers who drive trains while carrying out rail safety work for the purposes of railway operations in the State.\nrepealed fatigue management provisions means the provisions of the repealed Transport (Rail Safety) Regulation 2010 in force under the repealed Act, section 85 immediately before the commencement.\nThe provisions include part 3, divisions 7A and 8A, parts 7 and 8 and schedule 4.\ntransitional period , in relation to a program to which subsection (3) applies, means the period starting when the relevant national regulation commences and ending on the earlier of the following—\nwhen the rail transport operator in relation to whose railway operations the program applies is granted an exemption under the national law, part 6 from compliance with section 116 of that law;\n2 years after the relevant national regulation commences.\n(sec.92-ssec.1) Despite the repeal of the repealed Act, the repealed fatigue management provisions are taken to be prescribed requirements under the national law, section 116 relating to fatigue risk management programs, but only until a relevant national regulation commences.\n(sec.92-ssec.2) For the purposes of subsection (1), a reference in the repealed fatigue management provisions to the chief executive is taken to be a reference to the Regulator.\n(sec.92-ssec.3) A program that, immediately before a relevant national regulation commences, complies with the repealed fatigue management provisions is taken to be a fatigue risk management program that complies with the national law, section 116.\n(sec.92-ssec.4) Subsection (3) applies only during the transitional period.\n(sec.92-ssec.5) In this section— relevant national regulation means a national regulation prescribing the maximum work hours and minimum rest periods applying to rail safety workers who drive trains while carrying out rail safety work for the purposes of railway operations in the State. repealed fatigue management provisions means the provisions of the repealed Transport (Rail Safety) Regulation 2010 in force under the repealed Act, section 85 immediately before the commencement. The provisions include part 3, divisions 7A and 8A, parts 7 and 8 and schedule 4. transitional period , in relation to a program to which subsection (3) applies, means the period starting when the relevant national regulation commences and ending on the earlier of the following— when the rail transport operator in relation to whose railway operations the program applies is granted an exemption under the national law, part 6 from compliance with section 116 of that law; 2 years after the relevant national regulation commences.\n- (a) when the rail transport operator in relation to whose railway operations the program applies is granted an exemption under the national law, part 6 from compliance with section 116 of that law;\n- (b) 2 years after the relevant national regulation commences.","sortOrder":107},{"sectionNumber":"sec.93","sectionType":"section","heading":"Compliance with requirements for assessment of competence","content":"### sec.93 Compliance with requirements for assessment of competence\n\nA rail transport operator can not be prosecuted for an offence against the national law, section 117(1) if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(1).\nA rail transport operator can not be prosecuted for an offence against the national law, section 117(6) if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(4).\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.93-ssec.1) A rail transport operator can not be prosecuted for an offence against the national law, section 117(1) if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(1).\n(sec.93-ssec.2) A rail transport operator can not be prosecuted for an offence against the national law, section 117(6) if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(4).\n(sec.93-ssec.3) In this section— transitional period means the period starting on the commencement and ending 2 years later.\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(1).\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 87(4).","sortOrder":108},{"sectionNumber":"sec.94","sectionType":"section","heading":"Identification for rail safety workers","content":"### sec.94 Identification for rail safety workers\n\nIdentification that, immediately before the commencement, had been provided to a rail safety worker under the repealed Act, section 88(1) is taken to be identification provided to the worker in accordance with the national law, section 118(1).","sortOrder":109},{"sectionNumber":"sec.95","sectionType":"section","heading":"Notification of particular occurrence","content":"### sec.95 Notification of particular occurrence\n\nSubsection (2) applies if, immediately before the commencement—\na rail transport operator was required under the repealed Act, section 93(1) to report a notifiable occurrence; but\nthe operator had not reported the occurrence.\nThe requirement to report the notifiable occurrence is taken to be a requirement under the national law, section 121(1) to report the occurrence.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given a rail transport operator a notice under the repealed Act, section 93(3) for an occurrence or type of occurrence that is not a notifiable occurrence; and\nthe operator had not complied with the notice and did not have a reasonable excuse for the noncompliance.\nThe notice is taken to be a notice given by the Regulator to the rail transport operator under the national law, section 121(3) for the occurrence or type of occurrence.\n(sec.95-ssec.1) Subsection (2) applies if, immediately before the commencement— a rail transport operator was required under the repealed Act, section 93(1) to report a notifiable occurrence; but the operator had not reported the occurrence.\n(sec.95-ssec.2) The requirement to report the notifiable occurrence is taken to be a requirement under the national law, section 121(1) to report the occurrence.\n(sec.95-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given a rail transport operator a notice under the repealed Act, section 93(3) for an occurrence or type of occurrence that is not a notifiable occurrence; and the operator had not complied with the notice and did not have a reasonable excuse for the noncompliance.\n(sec.95-ssec.4) The notice is taken to be a notice given by the Regulator to the rail transport operator under the national law, section 121(3) for the occurrence or type of occurrence.\n- (a) a rail transport operator was required under the repealed Act, section 93(1) to report a notifiable occurrence; but\n- (b) the operator had not reported the occurrence.\n- (a) the chief executive had given a rail transport operator a notice under the repealed Act, section 93(3) for an occurrence or type of occurrence that is not a notifiable occurrence; and\n- (b) the operator had not complied with the notice and did not have a reasonable excuse for the noncompliance.","sortOrder":110},{"sectionNumber":"sec.96","sectionType":"section","heading":"Investigation of particular occurrence","content":"### sec.96 Investigation of particular occurrence\n\nThis section applies if, immediately before the commencement—\nthe chief executive had given a rail transport operator a notice under the repealed Act, section 94(1) requiring the operator to investigate a notifiable occurrence or another occurrence; but\nthe operator had not given the chief executive a report of the investigation as required under the repealed Act, section 95(2).\nThe notice is taken to be a notice given by the Regulator to the rail transport operator under the national law, section 122(1) for the occurrence.\n(sec.96-ssec.1) This section applies if, immediately before the commencement— the chief executive had given a rail transport operator a notice under the repealed Act, section 94(1) requiring the operator to investigate a notifiable occurrence or another occurrence; but the operator had not given the chief executive a report of the investigation as required under the repealed Act, section 95(2).\n(sec.96-ssec.2) The notice is taken to be a notice given by the Regulator to the rail transport operator under the national law, section 122(1) for the occurrence.\n- (a) the chief executive had given a rail transport operator a notice under the repealed Act, section 94(1) requiring the operator to investigate a notifiable occurrence or another occurrence; but\n- (b) the operator had not given the chief executive a report of the investigation as required under the repealed Act, section 95(2).","sortOrder":111},{"sectionNumber":"sec.97","sectionType":"section","heading":"Accreditation for railway operations","content":"### sec.97 Accreditation for railway operations\n\nA person who, immediately before the commencement, was accredited under the repealed Act, part 5 for railway operations of a stated scope and nature is taken to be accredited under the national law, part 3, division 4 for the railway operations.\nSubsection (3) applies if, immediately before the commencement, the accreditation was subject to a condition (including a restriction) imposed by the chief executive.\nThe accreditation under the national law is taken to be subject to the same condition as if it had been imposed by the Regulator.\n(sec.97-ssec.1) A person who, immediately before the commencement, was accredited under the repealed Act, part 5 for railway operations of a stated scope and nature is taken to be accredited under the national law, part 3, division 4 for the railway operations.\n(sec.97-ssec.2) Subsection (3) applies if, immediately before the commencement, the accreditation was subject to a condition (including a restriction) imposed by the chief executive.\n(sec.97-ssec.3) The accreditation under the national law is taken to be subject to the same condition as if it had been imposed by the Regulator.","sortOrder":112},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application for accreditation","content":"### sec.98 Application for accreditation\n\nThis section applies if, immediately before the commencement—\na person—\nhad applied under the repealed Act, section 100 for accreditation for railway operations of a stated scope and nature; or\nhad given the chief executive an amended application under section 102 (6) of that Act for accreditation for railway operations; but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person to the Regulator under the national law, section 64 for accreditation for the railway operations.\nIf the application fee for the application has been paid under the repealed Act, section 100(2)(d), the prescribed application fee for the application is taken to have been paid under the national law, section 64(2)(d).\nSubsection (5) applies if, immediately before the commencement—\nthe chief executive had given the applicant for the application a notice under the repealed Act, section 100(3) requiring the applicant to supply further information or verify information supplied; but\nthe applicant had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the applicant under the national law, section 64(3).\n(sec.98-ssec.1) This section applies if, immediately before the commencement— a person— had applied under the repealed Act, section 100 for accreditation for railway operations of a stated scope and nature; or had given the chief executive an amended application under section 102 (6) of that Act for accreditation for railway operations; but the chief executive had not decided the application.\n(sec.98-ssec.2) The application is taken to be an application made by the person to the Regulator under the national law, section 64 for accreditation for the railway operations.\n(sec.98-ssec.3) If the application fee for the application has been paid under the repealed Act, section 100(2)(d), the prescribed application fee for the application is taken to have been paid under the national law, section 64(2)(d).\n(sec.98-ssec.4) Subsection (5) applies if, immediately before the commencement— the chief executive had given the applicant for the application a notice under the repealed Act, section 100(3) requiring the applicant to supply further information or verify information supplied; but the applicant had not complied with the notice.\n(sec.98-ssec.5) The notice is taken to be a notice given by the Regulator to the applicant under the national law, section 64(3).\n- (a) a person— (i) had applied under the repealed Act, section 100 for accreditation for railway operations of a stated scope and nature; or (ii) had given the chief executive an amended application under section 102 (6) of that Act for accreditation for railway operations; but\n- (i) had applied under the repealed Act, section 100 for accreditation for railway operations of a stated scope and nature; or\n- (ii) had given the chief executive an amended application under section 102 (6) of that Act for accreditation for railway operations; but\n- (b) the chief executive had not decided the application.\n- (i) had applied under the repealed Act, section 100 for accreditation for railway operations of a stated scope and nature; or\n- (ii) had given the chief executive an amended application under section 102 (6) of that Act for accreditation for railway operations; but\n- (a) the chief executive had given the applicant for the application a notice under the repealed Act, section 100(3) requiring the applicant to supply further information or verify information supplied; but\n- (b) the applicant had not complied with the notice.","sortOrder":113},{"sectionNumber":"sec.99","sectionType":"section","heading":"Coordination of application between rail transport operators","content":"### sec.99 Coordination of application between rail transport operators\n\nThis section applies if, immediately before the commencement—\nthe chief executive had given a rail transport operator a direction under the repealed Act, section 102(2) to coordinate the operator’s application for accreditation with another rail transport operator’s application; and\nthe operator had not complied with the direction.\nThe direction is taken to be a coordination direction given by the Regulator to the operator under the national law, section 66(1).\n(sec.99-ssec.1) This section applies if, immediately before the commencement— the chief executive had given a rail transport operator a direction under the repealed Act, section 102(2) to coordinate the operator’s application for accreditation with another rail transport operator’s application; and the operator had not complied with the direction.\n(sec.99-ssec.2) The direction is taken to be a coordination direction given by the Regulator to the operator under the national law, section 66(1).\n- (a) the chief executive had given a rail transport operator a direction under the repealed Act, section 102(2) to coordinate the operator’s application for accreditation with another rail transport operator’s application; and\n- (b) the operator had not complied with the direction.","sortOrder":114},{"sectionNumber":"sec.100","sectionType":"section","heading":"Consideration of and decision on application","content":"### sec.100 Consideration of and decision on application\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive and an applicant for accreditation had agreed under the repealed Act, section 104(2)(c) the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (b) of the definition of relevant period in the national law, section 67(5), the Regulator and the applicant are taken to have agreed the same period.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given an applicant for accreditation a notice under the repealed Act, section 104(2)(d) nominating the period within which the application was required to be decided under that section; but\nthe chief executive had not decided the application.\nFor paragraph (c) of the definition of relevant period in the national law, section 67(5), the Regulator is taken to have specified the same period.\nA notice given by the chief executive under the repealed Act, section 105 to an applicant for accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 67(1).\n(sec.100-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive and an applicant for accreditation had agreed under the repealed Act, section 104(2)(c) the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.100-ssec.2) For paragraph (b) of the definition of relevant period in the national law, section 67(5), the Regulator and the applicant are taken to have agreed the same period.\n(sec.100-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given an applicant for accreditation a notice under the repealed Act, section 104(2)(d) nominating the period within which the application was required to be decided under that section; but the chief executive had not decided the application.\n(sec.100-ssec.4) For paragraph (c) of the definition of relevant period in the national law, section 67(5), the Regulator is taken to have specified the same period.\n(sec.100-ssec.5) A notice given by the chief executive under the repealed Act, section 105 to an applicant for accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 67(1).\n- (a) the chief executive and an applicant for accreditation had agreed under the repealed Act, section 104(2)(c) the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.\n- (a) the chief executive had given an applicant for accreditation a notice under the repealed Act, section 104(2)(d) nominating the period within which the application was required to be decided under that section; but\n- (b) the chief executive had not decided the application.","sortOrder":115},{"sectionNumber":"sec.101","sectionType":"section","heading":"Compliance with accreditation conditions","content":"### sec.101 Compliance with accreditation conditions\n\nA person to whom section 97(1) of this Act applies can not be prosecuted for an offence against the national law, section 78 if the act or omission constituting the offence—\noccurs during the transitional period; and\nhad it occurred before the commencement, would not have constituted an offence against the repealed Act, section 107.\nIn this section—\ntransitional period means the period starting on the commencement and ending 2 years later.\n(sec.101-ssec.1) A person to whom section 97(1) of this Act applies can not be prosecuted for an offence against the national law, section 78 if the act or omission constituting the offence— occurs during the transitional period; and had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 107.\n(sec.101-ssec.2) In this section— transitional period means the period starting on the commencement and ending 2 years later.\n- (a) occurs during the transitional period; and\n- (b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 107.","sortOrder":116},{"sectionNumber":"sec.102","sectionType":"section","heading":"Annual accreditation fee","content":"### sec.102 Annual accreditation fee\n\nIf the annual accreditation fee in respect of an accreditation to which section 97 of this Act applies for the financial year in which the commencement happens has been paid under the repealed Act, section 108—\nthe rail safety investigation fee payable by the accredited person for that financial year is taken to have been paid under section 59 of this Act; and\nthe annual fee payable in respect of the accreditation for that financial year is taken to have been paid under the national law, section 76.\nUnder the repealed Act, the annual accreditation fee charged and collected by the chief executive had a regulatory component and a rail safety investigation component. Under the national law, only the regulatory component is charged and collected by the Regulator. The rail safety component continues to be charged and collected by the chief executive under this Act.\n- (a) the rail safety investigation fee payable by the accredited person for that financial year is taken to have been paid under section 59 of this Act; and\n- (b) the annual fee payable in respect of the accreditation for that financial year is taken to have been paid under the national law, section 76.","sortOrder":117},{"sectionNumber":"sec.103","sectionType":"section","heading":"Suspension for non-payment of fee","content":"### sec.103 Suspension for non-payment of fee\n\nSubsection (2) applies if—\nan accreditation was suspended under the repealed Act, section 109(2)(a) for failure to pay an annual accreditation fee; and\nthe suspension was in force immediately before the commencement.\nThe suspension is taken to be a suspension of the accreditation by the Regulator under the national law, section 76(3a) for failure to pay the fee.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given an accredited person a notice under the repealed Act, section 110(1)(a) stating that the chief executive was considering suspending the person’s accreditation for failure to pay an annual accreditation fee; but\nthe chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 76(3b) stating that the Regulator is considering suspending the accreditation for the failure.\nSubsection (6) applies if, immediately before the commencement—\na person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not suspend the person’s accreditation under section 109 (2) (a) of that Act for failure to pay an annual accreditation fee; and\nthe person had not withdrawn the representations; and\nthe chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.\nThe representations are taken to be written representations made by the person to the Regulator and must be considered by the Regulator before making a decision under the national law, section 76(3a) in relation to the accreditation.\n(sec.103-ssec.1) Subsection (2) applies if— an accreditation was suspended under the repealed Act, section 109(2)(a) for failure to pay an annual accreditation fee; and the suspension was in force immediately before the commencement.\n(sec.103-ssec.2) The suspension is taken to be a suspension of the accreditation by the Regulator under the national law, section 76(3a) for failure to pay the fee.\n(sec.103-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given an accredited person a notice under the repealed Act, section 110(1)(a) stating that the chief executive was considering suspending the person’s accreditation for failure to pay an annual accreditation fee; but the chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.\n(sec.103-ssec.4) The notice is taken to be a notice given by the Regulator to the person under the national law, section 76(3b) stating that the Regulator is considering suspending the accreditation for the failure.\n(sec.103-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not suspend the person’s accreditation under section 109 (2) (a) of that Act for failure to pay an annual accreditation fee; and the person had not withdrawn the representations; and the chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.\n(sec.103-ssec.6) The representations are taken to be written representations made by the person to the Regulator and must be considered by the Regulator before making a decision under the national law, section 76(3a) in relation to the accreditation.\n- (a) an accreditation was suspended under the repealed Act, section 109(2)(a) for failure to pay an annual accreditation fee; and\n- (b) the suspension was in force immediately before the commencement.\n- (a) the chief executive had given an accredited person a notice under the repealed Act, section 110(1)(a) stating that the chief executive was considering suspending the person’s accreditation for failure to pay an annual accreditation fee; but\n- (b) the chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.\n- (a) a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not suspend the person’s accreditation under section 109 (2) (a) of that Act for failure to pay an annual accreditation fee; and\n- (b) the person had not withdrawn the representations; and\n- (c) the chief executive had not made a decision under section 109 (2) (a) of that Act in relation to the accreditation.","sortOrder":118},{"sectionNumber":"sec.104","sectionType":"section","heading":"Suspension or revocation of accreditation","content":"### sec.104 Suspension or revocation of accreditation\n\nSubsection (2) applies if—\nimmediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to suspend the accreditation; and\nthe suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\nThe decision is taken to be a decision of the Regulator under the national law, section 73(2) to suspend the accreditation for the same period.\nSubsection (4) applies if—\nimmediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to revoke the accreditation; and\nthe revocation would have taken effect at a particular time on or after the commencement.\nThe decision is taken to be a decision of the Regulator under the national law, section 73(2) to cancel the accreditation that takes effect at the same time.\nA declaration that, immediately before the commencement, was in force under the repealed Act, section 109(3) is taken to be a declaration under the national law, section 73(2).\n(sec.104-ssec.1) Subsection (2) applies if— immediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to suspend the accreditation; and the suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\n(sec.104-ssec.2) The decision is taken to be a decision of the Regulator under the national law, section 73(2) to suspend the accreditation for the same period.\n(sec.104-ssec.3) Subsection (4) applies if— immediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to revoke the accreditation; and the revocation would have taken effect at a particular time on or after the commencement.\n(sec.104-ssec.4) The decision is taken to be a decision of the Regulator under the national law, section 73(2) to cancel the accreditation that takes effect at the same time.\n(sec.104-ssec.5) A declaration that, immediately before the commencement, was in force under the repealed Act, section 109(3) is taken to be a declaration under the national law, section 73(2).\n- (a) immediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to suspend the accreditation; and\n- (b) the suspension was for a period that would have ended at a particular time on or after the commencement, whether or not the suspension took effect before the commencement.\n- (a) immediately before the commencement, an accreditation for railway operations was subject to a decision of the chief executive under the repealed Act, section 109(2) to revoke the accreditation; and\n- (b) the revocation would have taken effect at a particular time on or after the commencement.","sortOrder":119},{"sectionNumber":"sec.105","sectionType":"section","heading":"Procedure for suspending or revoking accreditation","content":"### sec.105 Procedure for suspending or revoking accreditation\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but\nthe chief executive had not made a decision under section 109 of that Act in relation to the accreditation.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 73(3) stating that the Regulator is considering making a decision under section 73(2) of that law of the same kind and for the same reasons in relation to the accreditation.\nSubsection (4) applies if, immediately before the commencement—\na person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and\nthe person had not withdrawn the representations; and\nthe chief executive had not made a decision under section 109 of that Act in relation to the accreditation.\nThe representations are taken to be written representations made by the person to the Regulator under the national law, section 73(3)(a)(ii).\nA notice given by the chief executive under the repealed Act, section 110 notifying a person of the chief executive’s decision under section 109(2) or (3) in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 73(4).\n(sec.105-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.\n(sec.105-ssec.2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 73(3) stating that the Regulator is considering making a decision under section 73(2) of that law of the same kind and for the same reasons in relation to the accreditation.\n(sec.105-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and the person had not withdrawn the representations; and the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.\n(sec.105-ssec.4) The representations are taken to be written representations made by the person to the Regulator under the national law, section 73(3)(a)(ii).\n(sec.105-ssec.5) A notice given by the chief executive under the repealed Act, section 110 notifying a person of the chief executive’s decision under section 109(2) or (3) in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 73(4).\n- (a) the chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but\n- (b) the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.\n- (a) a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and\n- (b) the person had not withdrawn the representations; and\n- (c) the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.","sortOrder":120},{"sectionNumber":"sec.106","sectionType":"section","heading":"Immediate suspension of accreditation","content":"### sec.106 Immediate suspension of accreditation\n\nSubsection (2) applies if—\nimmediately before the commencement, an accreditation was suspended under the repealed Act, section 111(2); and\nthe suspension was for a period that would have ended at a particular time on or after the commencement.\nThe suspension is taken to be a suspension of the accreditation by the Regulator under the national law, section 74(1) for the same period.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given a person a notice under the repealed Act, section 111(5) stating that the chief executive was considering making a decision under section 111 (4) (b) of that Act to extend the period of a suspension of the person’s accreditation for the reasons stated in the notice; but\nthe chief executive had not made a decision under section 111 (4) of that Act in relation to the suspension.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 74(4) stating that the Regulator is considering making a decision under section 74(2)(b) of that law to extend the period of the suspension for the same reasons.\nSubsection (6) applies if, immediately before the commencement—\na person had made written representations under the repealed Act, section 111(5)(a)(ii) showing cause why the chief executive should not make a decision under section 111 (4) (b) of that Act extending the period of a suspension of the person’s accreditation; and\nthe person had not withdrawn the representations; and\nthe chief executive had not made a decision under section 111 (4) (b) of that Act in relation to the suspension.\nThe representations are taken to be written representations made by the person to the Regulator under the national law, section 74(4)(a)(ii).\nA notice given by the chief executive under the repealed Act, section 111(6) notifying a person of the chief executive’s decision under section 111 (4) (b) of that Act to extend a suspension of the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 74(5).\n(sec.106-ssec.1) Subsection (2) applies if— immediately before the commencement, an accreditation was suspended under the repealed Act, section 111(2); and the suspension was for a period that would have ended at a particular time on or after the commencement.\n(sec.106-ssec.2) The suspension is taken to be a suspension of the accreditation by the Regulator under the national law, section 74(1) for the same period.\n(sec.106-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given a person a notice under the repealed Act, section 111(5) stating that the chief executive was considering making a decision under section 111 (4) (b) of that Act to extend the period of a suspension of the person’s accreditation for the reasons stated in the notice; but the chief executive had not made a decision under section 111 (4) of that Act in relation to the suspension.\n(sec.106-ssec.4) The notice is taken to be a notice given by the Regulator to the person under the national law, section 74(4) stating that the Regulator is considering making a decision under section 74(2)(b) of that law to extend the period of the suspension for the same reasons.\n(sec.106-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had made written representations under the repealed Act, section 111(5)(a)(ii) showing cause why the chief executive should not make a decision under section 111 (4) (b) of that Act extending the period of a suspension of the person’s accreditation; and the person had not withdrawn the representations; and the chief executive had not made a decision under section 111 (4) (b) of that Act in relation to the suspension.\n(sec.106-ssec.6) The representations are taken to be written representations made by the person to the Regulator under the national law, section 74(4)(a)(ii).\n(sec.106-ssec.7) A notice given by the chief executive under the repealed Act, section 111(6) notifying a person of the chief executive’s decision under section 111 (4) (b) of that Act to extend a suspension of the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 74(5).\n- (a) immediately before the commencement, an accreditation was suspended under the repealed Act, section 111(2); and\n- (b) the suspension was for a period that would have ended at a particular time on or after the commencement.\n- (a) the chief executive had given a person a notice under the repealed Act, section 111(5) stating that the chief executive was considering making a decision under section 111 (4) (b) of that Act to extend the period of a suspension of the person’s accreditation for the reasons stated in the notice; but\n- (b) the chief executive had not made a decision under section 111 (4) of that Act in relation to the suspension.\n- (a) a person had made written representations under the repealed Act, section 111(5)(a)(ii) showing cause why the chief executive should not make a decision under section 111 (4) (b) of that Act extending the period of a suspension of the person’s accreditation; and\n- (b) the person had not withdrawn the representations; and\n- (c) the chief executive had not made a decision under section 111 (4) (b) of that Act in relation to the suspension.","sortOrder":121},{"sectionNumber":"sec.107","sectionType":"section","heading":"Variation of conditions on Regulator’s initiative","content":"### sec.107 Variation of conditions on Regulator’s initiative\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive had given an accredited person a notice under the repealed Act, section 112(2)(a) stating that the chief executive was proposing to take action under section 112 (1) of that Act of the type stated in the notice in relation to the person’s accreditation; but\nthe chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.\nThe notice is taken to be a notice given by the Regulator to the person under the national law, section 72(2) stating that the Regulator is proposing to take action under section 72(1) of that law of the same type in relation to the accreditation.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive and an accredited person had agreed under the repealed Act, section 112(2)(b) the period within which the person was allowed to make written representations about proposed action; and\nthe period agreed had not expired.\nThe Regulator and the accredited person are taken to have agreed under the national law, section 72(2)(b) the same period.\nSubsection (6) applies if, immediately before the commencement—\na person made written representations under the repealed Act, section 112(2)(b) showing cause why the chief executive should not take proposed action under section 112 (1) of that Act in relation to the person’s accreditation; and\nthe person had not withdrawn the representations; and\nthe chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.\nThe representations are taken to be written representations made by the person to the Regulator under the national law, section 72(2)(b).\nA notice given by the chief executive under the repealed Act, section 112(4) notifying a person of the chief executive’s decision to act under section 112 (1) of that Act in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 72(4).\n(sec.107-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had given an accredited person a notice under the repealed Act, section 112(2)(a) stating that the chief executive was proposing to take action under section 112 (1) of that Act of the type stated in the notice in relation to the person’s accreditation; but the chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.\n(sec.107-ssec.2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 72(2) stating that the Regulator is proposing to take action under section 72(1) of that law of the same type in relation to the accreditation.\n(sec.107-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive and an accredited person had agreed under the repealed Act, section 112(2)(b) the period within which the person was allowed to make written representations about proposed action; and the period agreed had not expired.\n(sec.107-ssec.4) The Regulator and the accredited person are taken to have agreed under the national law, section 72(2)(b) the same period.\n(sec.107-ssec.5) Subsection (6) applies if, immediately before the commencement— a person made written representations under the repealed Act, section 112(2)(b) showing cause why the chief executive should not take proposed action under section 112 (1) of that Act in relation to the person’s accreditation; and the person had not withdrawn the representations; and the chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.\n(sec.107-ssec.6) The representations are taken to be written representations made by the person to the Regulator under the national law, section 72(2)(b).\n(sec.107-ssec.7) A notice given by the chief executive under the repealed Act, section 112(4) notifying a person of the chief executive’s decision to act under section 112 (1) of that Act in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 72(4).\n- (a) the chief executive had given an accredited person a notice under the repealed Act, section 112(2)(a) stating that the chief executive was proposing to take action under section 112 (1) of that Act of the type stated in the notice in relation to the person’s accreditation; but\n- (b) the chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.\n- (a) the chief executive and an accredited person had agreed under the repealed Act, section 112(2)(b) the period within which the person was allowed to make written representations about proposed action; and\n- (b) the period agreed had not expired.\n- (a) a person made written representations under the repealed Act, section 112(2)(b) showing cause why the chief executive should not take proposed action under section 112 (1) of that Act in relation to the person’s accreditation; and\n- (b) the person had not withdrawn the representations; and\n- (c) the chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.","sortOrder":122},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application for variation of accreditation","content":"### sec.108 Application for variation of accreditation\n\nThis section applies if, immediately before the commencement—\nan accredited person—\nhad applied under the repealed Act, section 113 for a variation of the person’s accreditation; or\nhad given to the chief executive an amended application under section 114 (6) of that Act for a variation of the person’s accreditation; but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person to the Regulator under the national law, section 68 for a variation of the accreditation.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given the applicant for the application a notice under the repealed Act, section 113(3) requiring the applicant to supply further information or verify information supplied; but\nthe applicant had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the applicant under the national law, section 68(4).\n(sec.108-ssec.1) This section applies if, immediately before the commencement— an accredited person— had applied under the repealed Act, section 113 for a variation of the person’s accreditation; or had given to the chief executive an amended application under section 114 (6) of that Act for a variation of the person’s accreditation; but the chief executive had not decided the application.\n(sec.108-ssec.2) The application is taken to be an application made by the person to the Regulator under the national law, section 68 for a variation of the accreditation.\n(sec.108-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given the applicant for the application a notice under the repealed Act, section 113(3) requiring the applicant to supply further information or verify information supplied; but the applicant had not complied with the notice.\n(sec.108-ssec.4) The notice is taken to be a notice given by the Regulator to the applicant under the national law, section 68(4).\n- (a) an accredited person— (i) had applied under the repealed Act, section 113 for a variation of the person’s accreditation; or (ii) had given to the chief executive an amended application under section 114 (6) of that Act for a variation of the person’s accreditation; but\n- (i) had applied under the repealed Act, section 113 for a variation of the person’s accreditation; or\n- (ii) had given to the chief executive an amended application under section 114 (6) of that Act for a variation of the person’s accreditation; but\n- (b) the chief executive had not decided the application.\n- (i) had applied under the repealed Act, section 113 for a variation of the person’s accreditation; or\n- (ii) had given to the chief executive an amended application under section 114 (6) of that Act for a variation of the person’s accreditation; but\n- (a) the chief executive had given the applicant for the application a notice under the repealed Act, section 113(3) requiring the applicant to supply further information or verify information supplied; but\n- (b) the applicant had not complied with the notice.","sortOrder":123},{"sectionNumber":"sec.109","sectionType":"section","heading":"Consultation with affected rail transport operators","content":"### sec.109 Consultation with affected rail transport operators\n\nThis section applies if, immediately before the commencement—\nthe chief executive had given the applicant for the variation of an accreditation a direction under the repealed Act, section 114(2) to consult a rail transport operator; but\nthe applicant had not complied with the direction.\nThe direction is taken to be a direction given by the Regulator to the applicant under the national law, section 66(1) as applied by section 68(5) of that law.\n(sec.109-ssec.1) This section applies if, immediately before the commencement— the chief executive had given the applicant for the variation of an accreditation a direction under the repealed Act, section 114(2) to consult a rail transport operator; but the applicant had not complied with the direction.\n(sec.109-ssec.2) The direction is taken to be a direction given by the Regulator to the applicant under the national law, section 66(1) as applied by section 68(5) of that law.\n- (a) the chief executive had given the applicant for the variation of an accreditation a direction under the repealed Act, section 114(2) to consult a rail transport operator; but\n- (b) the applicant had not complied with the direction.","sortOrder":124},{"sectionNumber":"sec.110","sectionType":"section","heading":"Consideration of and decision on application for variation of accreditation","content":"### sec.110 Consideration of and decision on application for variation of accreditation\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive and an applicant for the variation of an accreditation had agreed under the repealed Act, section 116(2)(c) the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (b) of the definition of relevant period in the national law, section 69(3), the Regulator and the applicant are taken to have agreed the same period.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given an applicant for the variation of an accreditation a notice under the repealed Act, section 116(2)(d) nominating the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (c) of the definition of relevant period in the national law, section 69(3), the Regulator is taken to have specified the same period.\nA notice given by the chief executive to an applicant under the repealed Act, section 117 for the variation of an accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 69(1).\n(sec.110-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive and an applicant for the variation of an accreditation had agreed under the repealed Act, section 116(2)(c) the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.110-ssec.2) For paragraph (b) of the definition of relevant period in the national law, section 69(3), the Regulator and the applicant are taken to have agreed the same period.\n(sec.110-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given an applicant for the variation of an accreditation a notice under the repealed Act, section 116(2)(d) nominating the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.110-ssec.4) For paragraph (c) of the definition of relevant period in the national law, section 69(3), the Regulator is taken to have specified the same period.\n(sec.110-ssec.5) A notice given by the chief executive to an applicant under the repealed Act, section 117 for the variation of an accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 69(1).\n- (a) the chief executive and an applicant for the variation of an accreditation had agreed under the repealed Act, section 116(2)(c) the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.\n- (a) the chief executive had given an applicant for the variation of an accreditation a notice under the repealed Act, section 116(2)(d) nominating the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.","sortOrder":125},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application for variation of conditions","content":"### sec.111 Application for variation of conditions\n\nThis section applies if, immediately before the commencement—\nan accredited person—\nhad applied under the repealed Act, section 118 for a variation of a condition of the person’s accreditation; or\nhad given to the chief executive an amended application under the repealed Act, section 119(6); but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person to the Regulator under the national law, section 71 for a variation of the condition.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given the applicant for the application a notice under the repealed Act, section 118(3) requiring the applicant to supply further information or verify information supplied; but\nthe applicant had not complied with the notice.\nThe notice is taken to be a notice given by the Regulator to the applicant under the national law, section 68(4) as applied by section 71(2) of that law.\n(sec.111-ssec.1) This section applies if, immediately before the commencement— an accredited person— had applied under the repealed Act, section 118 for a variation of a condition of the person’s accreditation; or had given to the chief executive an amended application under the repealed Act, section 119(6); but the chief executive had not decided the application.\n(sec.111-ssec.2) The application is taken to be an application made by the person to the Regulator under the national law, section 71 for a variation of the condition.\n(sec.111-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given the applicant for the application a notice under the repealed Act, section 118(3) requiring the applicant to supply further information or verify information supplied; but the applicant had not complied with the notice.\n(sec.111-ssec.4) The notice is taken to be a notice given by the Regulator to the applicant under the national law, section 68(4) as applied by section 71(2) of that law.\n- (a) an accredited person— (i) had applied under the repealed Act, section 118 for a variation of a condition of the person’s accreditation; or (ii) had given to the chief executive an amended application under the repealed Act, section 119(6); but\n- (i) had applied under the repealed Act, section 118 for a variation of a condition of the person’s accreditation; or\n- (ii) had given to the chief executive an amended application under the repealed Act, section 119(6); but\n- (b) the chief executive had not decided the application.\n- (i) had applied under the repealed Act, section 118 for a variation of a condition of the person’s accreditation; or\n- (ii) had given to the chief executive an amended application under the repealed Act, section 119(6); but\n- (a) the chief executive had given the applicant for the application a notice under the repealed Act, section 118(3) requiring the applicant to supply further information or verify information supplied; but\n- (b) the applicant had not complied with the notice.","sortOrder":126},{"sectionNumber":"sec.112","sectionType":"section","heading":"Consultation with affected rail transport operators","content":"### sec.112 Consultation with affected rail transport operators\n\nThis section applies if, immediately before the commencement—\nthe chief executive had given the applicant for the variation of a condition of an accreditation a direction under the repealed Act, section 119(2) to consult with a rail transport operator; but\nthe applicant had not complied with the direction.\nThe direction is taken to be a direction given by the Regulator to the applicant under the national law, section 66(1) as applied by section 71(2) of that law.\n(sec.112-ssec.1) This section applies if, immediately before the commencement— the chief executive had given the applicant for the variation of a condition of an accreditation a direction under the repealed Act, section 119(2) to consult with a rail transport operator; but the applicant had not complied with the direction.\n(sec.112-ssec.2) The direction is taken to be a direction given by the Regulator to the applicant under the national law, section 66(1) as applied by section 71(2) of that law.\n- (a) the chief executive had given the applicant for the variation of a condition of an accreditation a direction under the repealed Act, section 119(2) to consult with a rail transport operator; but\n- (b) the applicant had not complied with the direction.","sortOrder":127},{"sectionNumber":"sec.113","sectionType":"section","heading":"Consideration of and decision on application for variation of condition","content":"### sec.113 Consideration of and decision on application for variation of condition\n\nSubsection (2) applies if—\nthe chief executive and an applicant for the variation of a condition of an accreditation had agreed under the repealed Act, section 121(2)(c) the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (b) of the definition of relevant period in the national law, section 69(3) as applied by section 71(2) of that law, the Regulator and the applicant are taken to have agreed the same period.\nSubsection (4) applies if, immediately before the commencement—\nthe chief executive had given an applicant for the variation of a condition of an accreditation a notice under the repealed Act, section 121(2)(d) nominating the period within which the application was required to be decided; but\nthe chief executive had not decided the application.\nFor paragraph (c) of the definition of relevant period in the national law, section 69(3) as applied by section 71(2) of that law, the Regulator is taken to have specified the same period.\nA notice given by the chief executive under the repealed Act, section 117 to an applicant for the variation of an accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 71(3).\n(sec.113-ssec.1) Subsection (2) applies if— the chief executive and an applicant for the variation of a condition of an accreditation had agreed under the repealed Act, section 121(2)(c) the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.113-ssec.2) For paragraph (b) of the definition of relevant period in the national law, section 69(3) as applied by section 71(2) of that law, the Regulator and the applicant are taken to have agreed the same period.\n(sec.113-ssec.3) Subsection (4) applies if, immediately before the commencement— the chief executive had given an applicant for the variation of a condition of an accreditation a notice under the repealed Act, section 121(2)(d) nominating the period within which the application was required to be decided; but the chief executive had not decided the application.\n(sec.113-ssec.4) For paragraph (c) of the definition of relevant period in the national law, section 69(3) as applied by section 71(2) of that law, the Regulator is taken to have specified the same period.\n(sec.113-ssec.5) A notice given by the chief executive under the repealed Act, section 117 to an applicant for the variation of an accreditation notifying the applicant of the chief executive’s decision on the application is taken to be a notice given by the Regulator to the applicant under the national law, section 71(3).\n- (a) the chief executive and an applicant for the variation of a condition of an accreditation had agreed under the repealed Act, section 121(2)(c) the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.\n- (a) the chief executive had given an applicant for the variation of a condition of an accreditation a notice under the repealed Act, section 121(2)(d) nominating the period within which the application was required to be decided; but\n- (b) the chief executive had not decided the application.","sortOrder":128},{"sectionNumber":"sec.114","sectionType":"section","heading":"Surrender of accreditation","content":"### sec.114 Surrender of accreditation\n\nThis section applies if—\nimmediately before the commencement, an accredited person had, for the purposes of the repealed Act, section 124, given the chief executive a notice of surrender for the person’s accreditation; and\nthe surrender would have taken effect on a day after the day of the commencement.\nThe surrender takes effect on the day mentioned in subsection (1)(b) and the national law, section 75 does not apply.\n(sec.114-ssec.1) This section applies if— immediately before the commencement, an accredited person had, for the purposes of the repealed Act, section 124, given the chief executive a notice of surrender for the person’s accreditation; and the surrender would have taken effect on a day after the day of the commencement.\n(sec.114-ssec.2) The surrender takes effect on the day mentioned in subsection (1)(b) and the national law, section 75 does not apply.\n- (a) immediately before the commencement, an accredited person had, for the purposes of the repealed Act, section 124, given the chief executive a notice of surrender for the person’s accreditation; and\n- (b) the surrender would have taken effect on a day after the day of the commencement.","sortOrder":129},{"sectionNumber":"sec.115","sectionType":"section","heading":"Request for chief executive to decide safety matter","content":"### sec.115 Request for chief executive to decide safety matter\n\nThis section applies if, immediately before the commencement—\nthe chief executive had been asked to make a decision under the repealed Act, section 132(2) about a safety matter; but\nthe chief executive had not made the decision.\nDespite the repeal of the repealed Act, section 132 of that Act continues to apply in relation to the request.\n(sec.115-ssec.1) This section applies if, immediately before the commencement— the chief executive had been asked to make a decision under the repealed Act, section 132(2) about a safety matter; but the chief executive had not made the decision.\n(sec.115-ssec.2) Despite the repeal of the repealed Act, section 132 of that Act continues to apply in relation to the request.\n- (a) the chief executive had been asked to make a decision under the repealed Act, section 132(2) about a safety matter; but\n- (b) the chief executive had not made the decision.","sortOrder":130},{"sectionNumber":"sec.116","sectionType":"section","heading":"Chief executive given notice about dispute matter","content":"### sec.116 Chief executive given notice about dispute matter\n\nThis section applies if, immediately before the commencement—\nthe chief executive had been given a notice under the repealed Act, section 133(2) about a dispute matter; but\nthe chief executive had not decided whether or not to give a safety matter direction under the repealed Act, section 134(2) in relation to the dispute matter.\nDespite the repeal of the repealed Act, sections 133 to 136 and part 11 of that Act continue to apply in relation to the dispute matter.\n(sec.116-ssec.1) This section applies if, immediately before the commencement— the chief executive had been given a notice under the repealed Act, section 133(2) about a dispute matter; but the chief executive had not decided whether or not to give a safety matter direction under the repealed Act, section 134(2) in relation to the dispute matter.\n(sec.116-ssec.2) Despite the repeal of the repealed Act, sections 133 to 136 and part 11 of that Act continue to apply in relation to the dispute matter.\n- (a) the chief executive had been given a notice under the repealed Act, section 133(2) about a dispute matter; but\n- (b) the chief executive had not decided whether or not to give a safety matter direction under the repealed Act, section 134(2) in relation to the dispute matter.","sortOrder":131},{"sectionNumber":"sec.117","sectionType":"section","heading":"Compliance with safety matter direction","content":"### sec.117 Compliance with safety matter direction\n\nThis section applies if, immediately before the commencement—\na person had been given a safety matter direction under the repealed Act, section 134; and\nthe person had not complied with the direction; and\nthe day by which the person was to have complied with the direction would have been a day after the day of the commencement.\nDespite the repeal of the repealed Act, the safety matter direction continues in force and section 136 of that Act continues to apply to the person.\n(sec.117-ssec.1) This section applies if, immediately before the commencement— a person had been given a safety matter direction under the repealed Act, section 134; and the person had not complied with the direction; and the day by which the person was to have complied with the direction would have been a day after the day of the commencement.\n(sec.117-ssec.2) Despite the repeal of the repealed Act, the safety matter direction continues in force and section 136 of that Act continues to apply to the person.\n- (a) a person had been given a safety matter direction under the repealed Act, section 134; and\n- (b) the person had not complied with the direction; and\n- (c) the day by which the person was to have complied with the direction would have been a day after the day of the commencement.","sortOrder":132},{"sectionNumber":"sec.118","sectionType":"section","heading":"Appointments","content":"### sec.118 Appointments\n\nThis section applies to a person—\nwho, immediately before the commencement, held an appointment as a rail safety officer under the repealed Act, section 137(1); and\nwho, on and from the commencement, is appointed to be a rail safety officer under the national law,\nsection 135(1).\nThe person is taken to hold the appointment under the national law on the same conditions (including any condition about the term of the appointment) that applied to the person immediately before the commencement.\n(sec.118-ssec.1) This section applies to a person— who, immediately before the commencement, held an appointment as a rail safety officer under the repealed Act, section 137(1); and who, on and from the commencement, is appointed to be a rail safety officer under the national law, section 135(1).\n(sec.118-ssec.2) The person is taken to hold the appointment under the national law on the same conditions (including any condition about the term of the appointment) that applied to the person immediately before the commencement.\n- (a) who, immediately before the commencement, held an appointment as a rail safety officer under the repealed Act, section 137(1); and\n- (b) who, on and from the commencement, is appointed to be a rail safety officer under the national law, section 135(1).","sortOrder":133},{"sectionNumber":"sec.119","sectionType":"section","heading":"Identity cards","content":"### sec.119 Identity cards\n\nSubsection (2) applies if, immediately before the commencement, a rail safety officer to whom section 118 of this Act applies had been issued with an identity card under the repealed Act, section 139(1).\nThe identity card is taken to be an identity card given by the Regulator to the rail safety officer under the national law, section 136(1), but only until the Regulator gives the officer another identity card under that section.\nThe Regulator must give a rail safety officer to whom section 118 of this Act applies an identity card under the national law, section 136(1) as soon as practicable.\n(sec.119-ssec.1) Subsection (2) applies if, immediately before the commencement, a rail safety officer to whom section 118 of this Act applies had been issued with an identity card under the repealed Act, section 139(1).\n(sec.119-ssec.2) The identity card is taken to be an identity card given by the Regulator to the rail safety officer under the national law, section 136(1), but only until the Regulator gives the officer another identity card under that section.\n(sec.119-ssec.3) The Regulator must give a rail safety officer to whom section 118 of this Act applies an identity card under the national law, section 136(1) as soon as practicable.","sortOrder":134},{"sectionNumber":"sec.120","sectionType":"section","heading":"Continuation of repealed Act for compliance or investigative purposes","content":"### sec.120 Continuation of repealed Act for compliance or investigative purposes\n\nDespite the repeal of the repealed Act, that Act continues to apply for compliance or investigative purposes under that Act in relation to any matter or thing arising before the commencement.","sortOrder":135},{"sectionNumber":"sec.121","sectionType":"section","heading":"Completion of investigations required by chief executive to be investigated","content":"### sec.121 Completion of investigations required by chief executive to be investigated\n\nThis section applies if, immediately before the commencement—\na rail safety officer was required under the repealed Act, section 183 to investigate a notifiable occurrence or other occurrence; and\n1 of the following applies—\nthe rail safety officer had not given the chief executive the RSO report for the investigation as required under the repealed Act, section 184(1);\nthe chief executive had received from the rail safety officer the RSO report for the investigation but had not given a copy of it to the Minister as required under the repealed Act, section 184(2);\nthe Minister had received from the chief executive a copy of the RSO report for the investigation but had not tabled it as required under the repealed Act, section 184(3).\nDespite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.\n(sec.121-ssec.1) This section applies if, immediately before the commencement— a rail safety officer was required under the repealed Act, section 183 to investigate a notifiable occurrence or other occurrence; and 1 of the following applies— the rail safety officer had not given the chief executive the RSO report for the investigation as required under the repealed Act, section 184(1); the chief executive had received from the rail safety officer the RSO report for the investigation but had not given a copy of it to the Minister as required under the repealed Act, section 184(2); the Minister had received from the chief executive a copy of the RSO report for the investigation but had not tabled it as required under the repealed Act, section 184(3).\n(sec.121-ssec.2) Despite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.\n- (a) a rail safety officer was required under the repealed Act, section 183 to investigate a notifiable occurrence or other occurrence; and\n- (b) 1 of the following applies— (i) the rail safety officer had not given the chief executive the RSO report for the investigation as required under the repealed Act, section 184(1); (ii) the chief executive had received from the rail safety officer the RSO report for the investigation but had not given a copy of it to the Minister as required under the repealed Act, section 184(2); (iii) the Minister had received from the chief executive a copy of the RSO report for the investigation but had not tabled it as required under the repealed Act, section 184(3).\n- (i) the rail safety officer had not given the chief executive the RSO report for the investigation as required under the repealed Act, section 184(1);\n- (ii) the chief executive had received from the rail safety officer the RSO report for the investigation but had not given a copy of it to the Minister as required under the repealed Act, section 184(2);\n- (iii) the Minister had received from the chief executive a copy of the RSO report for the investigation but had not tabled it as required under the repealed Act, section 184(3).\n- (i) the rail safety officer had not given the chief executive the RSO report for the investigation as required under the repealed Act, section 184(1);\n- (ii) the chief executive had received from the rail safety officer the RSO report for the investigation but had not given a copy of it to the Minister as required under the repealed Act, section 184(2);\n- (iii) the Minister had received from the chief executive a copy of the RSO report for the investigation but had not tabled it as required under the repealed Act, section 184(3).","sortOrder":136},{"sectionNumber":"sec.122","sectionType":"section","heading":"Completion of other investigations","content":"### sec.122 Completion of other investigations\n\nThis section applies if, immediately before the commencement, a rail safety officer was investigating under the repealed Act a notifiable occurrence or other occurrence other than an occurrence to which section 121 of this Act applies, but had not completed the investigation.\nDespite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.\n(sec.122-ssec.1) This section applies if, immediately before the commencement, a rail safety officer was investigating under the repealed Act a notifiable occurrence or other occurrence other than an occurrence to which section 121 of this Act applies, but had not completed the investigation.\n(sec.122-ssec.2) Despite the repeal of the repealed Act, that Act continues to apply in relation to the investigation.","sortOrder":137},{"sectionNumber":"sec.123","sectionType":"section","heading":"Improvement notices","content":"### sec.123 Improvement notices\n\nThis section applies if, immediately before the commencement—\na rail safety officer had given a person an improvement notice, or an amendment to an improvement notice, under the repealed Act, section 193(2); but\nthe person had not complied with the notice or amended notice.\nThe improvement notice or amended improvement notice is taken to be an improvement notice issued by a rail safety officer to the person under the national law, section 175(2).\n(sec.123-ssec.1) This section applies if, immediately before the commencement— a rail safety officer had given a person an improvement notice, or an amendment to an improvement notice, under the repealed Act, section 193(2); but the person had not complied with the notice or amended notice.\n(sec.123-ssec.2) The improvement notice or amended improvement notice is taken to be an improvement notice issued by a rail safety officer to the person under the national law, section 175(2).\n- (a) a rail safety officer had given a person an improvement notice, or an amendment to an improvement notice, under the repealed Act, section 193(2); but\n- (b) the person had not complied with the notice or amended notice.","sortOrder":138},{"sectionNumber":"sec.124","sectionType":"section","heading":"Prohibition notices","content":"### sec.124 Prohibition notices\n\nA prohibition notice (including an amended prohibition notice) that, immediately before the commencement, was in force under the repealed Act, section 200(2) is taken to be a prohibition notice under the national law, section 179(2).","sortOrder":139},{"sectionNumber":"sec.125","sectionType":"section","heading":"Completion of inquiries","content":"### sec.125 Completion of inquiries\n\nThis section applies if, immediately before the commencement—\na board of inquiry had been established or re-established under the repealed Act, part 8; and\neither—\nthe board had not given the Minister a report of the board’s findings as required under the repealed Act, section 212(1)(b); or\nthe Minister had received from the board the report of the board’s findings but had not tabled a copy of it as required under the repealed Act, section 212(3).\nDespite the repeal of the repealed Act, part 8 of that Act continues to apply in relation to the board of inquiry.\n(sec.125-ssec.1) This section applies if, immediately before the commencement— a board of inquiry had been established or re-established under the repealed Act, part 8; and either— the board had not given the Minister a report of the board’s findings as required under the repealed Act, section 212(1)(b); or the Minister had received from the board the report of the board’s findings but had not tabled a copy of it as required under the repealed Act, section 212(3).\n(sec.125-ssec.2) Despite the repeal of the repealed Act, part 8 of that Act continues to apply in relation to the board of inquiry.\n- (a) a board of inquiry had been established or re-established under the repealed Act, part 8; and\n- (b) either— (i) the board had not given the Minister a report of the board’s findings as required under the repealed Act, section 212(1)(b); or (ii) the Minister had received from the board the report of the board’s findings but had not tabled a copy of it as required under the repealed Act, section 212(3).\n- (i) the board had not given the Minister a report of the board’s findings as required under the repealed Act, section 212(1)(b); or\n- (ii) the Minister had received from the board the report of the board’s findings but had not tabled a copy of it as required under the repealed Act, section 212(3).\n- (i) the board had not given the Minister a report of the board’s findings as required under the repealed Act, section 212(1)(b); or\n- (ii) the Minister had received from the board the report of the board’s findings but had not tabled a copy of it as required under the repealed Act, section 212(3).","sortOrder":140},{"sectionNumber":"sec.126","sectionType":"section","heading":"Restricted information","content":"### sec.126 Restricted information\n\nDespite the repeal of the repealed Act, part 9 , division 2 of that Act continues to apply in relation to restricted information.\nIn this section—\nrestricted information means any information or other thing that, immediately before the commencement, was restricted information under the repealed Act, including because of section 314 of that Act.\n(sec.126-ssec.1) Despite the repeal of the repealed Act, part 9 , division 2 of that Act continues to apply in relation to restricted information.\n(sec.126-ssec.2) In this section— restricted information means any information or other thing that, immediately before the commencement, was restricted information under the repealed Act, including because of section 314 of that Act.","sortOrder":141},{"sectionNumber":"sec.127","sectionType":"section","heading":"Certificates of relevant person’s involvement in investigation","content":"### sec.127 Certificates of relevant person’s involvement in investigation\n\nDespite the repeal of the repealed Act, section 241 (1) of that Act continues to apply to a person to whom a certificate relates.\nIn this section—\ncertificate means a certificate that, immediately before the commencement, was in force under the repealed Act, section 240, including because of section 315 of that Act.\n(sec.127-ssec.1) Despite the repeal of the repealed Act, section 241 (1) of that Act continues to apply to a person to whom a certificate relates.\n(sec.127-ssec.2) In this section— certificate means a certificate that, immediately before the commencement, was in force under the repealed Act, section 240, including because of section 315 of that Act.","sortOrder":142},{"sectionNumber":"sec.128","sectionType":"section","heading":"Internal review of decisions","content":"### sec.128 Internal review of decisions\n\nSubsection (2) applies if, immediately before the commencement—\nan original decision had been made under the repealed Act; and\nthe period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired.\nThe person may, before that period expires, apply under the national law, section 216(1) for a review of the original decision as if the decision had been made by the Regulator under that law.\nSubsection (4) applies if, immediately before the commencement—\na person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person under the national law, section 216 for a review of the original decision as if the decision had been made by the Regulator under that law.\nSubsection (6) applies if, immediately before the commencement—\na person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but\nQCAT had not decided the application.\nDespite the repeal of the repealed Act, the Transport Planning and Coordination Act 1994 , section 32 continues to apply in relation to the application for a stay.\nSubsection (8) applies if, immediately before the commencement—\na decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but\nthe decision had not been given, or had not taken, effect.\nThe decision under the Transport Planning and Coordination Act 1994 —\nis taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and\nmust be given or takes effect accordingly.\nIn this section—\noriginal decision has the same meaning as in the repealed Act, section 259.\n(sec.128-ssec.1) Subsection (2) applies if, immediately before the commencement— an original decision had been made under the repealed Act; and the period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired.\n(sec.128-ssec.2) The person may, before that period expires, apply under the national law, section 216(1) for a review of the original decision as if the decision had been made by the Regulator under that law.\n(sec.128-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but the chief executive had not decided the application.\n(sec.128-ssec.4) The application is taken to be an application made by the person under the national law, section 216 for a review of the original decision as if the decision had been made by the Regulator under that law.\n(sec.128-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but QCAT had not decided the application.\n(sec.128-ssec.6) Despite the repeal of the repealed Act, the Transport Planning and Coordination Act 1994 , section 32 continues to apply in relation to the application for a stay.\n(sec.128-ssec.7) Subsection (8) applies if, immediately before the commencement— a decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but the decision had not been given, or had not taken, effect.\n(sec.128-ssec.8) The decision under the Transport Planning and Coordination Act 1994 — is taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and must be given or takes effect accordingly.\n(sec.128-ssec.9) In this section— original decision has the same meaning as in the repealed Act, section 259.\n- (a) an original decision had been made under the repealed Act; and\n- (b) the period within which a person could have applied for a review of the decision under the Transport Planning and Coordination Act 1994 , section 31 had not expired.\n- (a) a person had applied under the Transport Planning and Coordination Act 1994 , section 31 for a review of an original decision; but\n- (b) the chief executive had not decided the application.\n- (a) a person had applied under the Transport Planning and Coordination Act 1994 , section 32(1) for a stay of an original decision; but\n- (b) QCAT had not decided the application.\n- (a) a decision had been made under the Transport Planning and Coordination Act 1994 , section 32(2) or 34(1) in relation to an original decision; but\n- (b) the decision had not been given, or had not taken, effect.\n- (a) is taken to have been made under the national law, section 216 as if the decision had been made by the Regulator under the national law; and\n- (b) must be given or takes effect accordingly.","sortOrder":143},{"sectionNumber":"sec.129","sectionType":"section","heading":"External review of decisions","content":"### sec.129 External review of decisions\n\nSubsection (2) applies if, immediately before the commencement—\nan internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and\nthe period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired.\nThe person may, before that period expires, apply under the national law, section 217(1) for a review of the decision as if the decision had been made by the Regulator under section 216(4) of that law.\nSubsection (4) applies if, immediately before the commencement—\na person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but\nQCAT had not decided the application.\nThe application is taken to be an application made by the person under the national law, section 217(1) for a review of the internal review decision as if the decision had been made by the Regulator under section 216(4) of that law.\nSubsection (6) applies if, immediately before the commencement—\na person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but\nQCAT had not decided the application.\nThe application is taken to be an application made by the person under the QCAT Act, section 22(3) for a stay of the internal review decision as if the decision had been made by the Regulator under the national law, section 216(4).\nSubsection (8) applies if, immediately before the commencement—\nQCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but\nthe decision had not been given, or had not taken, effect.\nThe decision under the QCAT Act—\nis taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and\nmust be given or takes effect accordingly.\nIn this section—\ninternal review decision has the same meaning as in the repealed Act, section 260.\n(sec.129-ssec.1) Subsection (2) applies if, immediately before the commencement— an internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and the period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired.\n(sec.129-ssec.2) The person may, before that period expires, apply under the national law, section 217(1) for a review of the decision as if the decision had been made by the Regulator under section 216(4) of that law.\n(sec.129-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but QCAT had not decided the application.\n(sec.129-ssec.4) The application is taken to be an application made by the person under the national law, section 217(1) for a review of the internal review decision as if the decision had been made by the Regulator under section 216(4) of that law.\n(sec.129-ssec.5) Subsection (6) applies if, immediately before the commencement— a person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but QCAT had not decided the application.\n(sec.129-ssec.6) The application is taken to be an application made by the person under the QCAT Act, section 22(3) for a stay of the internal review decision as if the decision had been made by the Regulator under the national law, section 216(4).\n(sec.129-ssec.7) Subsection (8) applies if, immediately before the commencement— QCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but the decision had not been given, or had not taken, effect.\n(sec.129-ssec.8) The decision under the QCAT Act— is taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and must be given or takes effect accordingly.\n(sec.129-ssec.9) In this section— internal review decision has the same meaning as in the repealed Act, section 260.\n- (a) an internal review decision had been made under the Transport Planning and Coordination Act 1994 , section 34(1); and\n- (b) the period within which a person could have applied for a review of the decision under the repealed Act, section 260(2) had not expired.\n- (a) a person had applied under the repealed Act, section 260(2) for a review of an internal review decision; but\n- (b) QCAT had not decided the application.\n- (a) a person had applied under the QCAT Act, section 22(3) for a stay of an internal review decision to which subsection (4) of this section applies; but\n- (b) QCAT had not decided the application.\n- (a) QCAT had made a decision under the QCAT Act, section 22(3) or 24(1) in relation to an internal review decision; but\n- (b) the decision had not been given, or had not taken, effect.\n- (a) is taken to have been made under that Act as if the internal review decision had been made by the Regulator under the national law; and\n- (b) must be given or takes effect accordingly.","sortOrder":144},{"sectionNumber":"sec.130","sectionType":"section","heading":"Rail safety undertakings","content":"### sec.130 Rail safety undertakings\n\nSubsection (2) applies if, immediately before the commencement—\nthe chief executive had accepted a rail safety undertaking by a person under the repealed Act, section 278(1); and\nthe undertaking had not been withdrawn.\nThe rail safety undertaking is taken to be a rail safety undertaking accepted by the Regulator under the national law, section 251(1).\nSubsection (4) applies if, immediately before the commencement—\na person applied to the chief executive to withdraw, or change the provisions of, a rail safety undertaking under the repealed Act, section 278(3); but\nthe chief executive had not decided the application.\nThe application is taken to be an application made by the person to the Regulator under the national law, section 256 to withdraw or vary the undertaking.\n(sec.130-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had accepted a rail safety undertaking by a person under the repealed Act, section 278(1); and the undertaking had not been withdrawn.\n(sec.130-ssec.2) The rail safety undertaking is taken to be a rail safety undertaking accepted by the Regulator under the national law, section 251(1).\n(sec.130-ssec.3) Subsection (4) applies if, immediately before the commencement— a person applied to the chief executive to withdraw, or change the provisions of, a rail safety undertaking under the repealed Act, section 278(3); but the chief executive had not decided the application.\n(sec.130-ssec.4) The application is taken to be an application made by the person to the Regulator under the national law, section 256 to withdraw or vary the undertaking.\n- (a) the chief executive had accepted a rail safety undertaking by a person under the repealed Act, section 278(1); and\n- (b) the undertaking had not been withdrawn.\n- (a) a person applied to the chief executive to withdraw, or change the provisions of, a rail safety undertaking under the repealed Act, section 278(3); but\n- (b) the chief executive had not decided the application.","sortOrder":145},{"sectionNumber":"sec.131","sectionType":"section","heading":"Recovery of amounts payable under repealed Act","content":"### sec.131 Recovery of amounts payable under repealed Act\n\nDespite the repeal of the repealed Act, section 281 of that Act continues to apply to a fee, charge or other amount that, immediately before the commencement, was payable under the repealed Act.","sortOrder":146},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 exp 21 July 2020 (see s 132(7) and 2020 SL No. 92 s 3 )","sortOrder":147},{"sectionNumber":"sec.133","sectionType":"section","heading":"Acts Interpretation Act 1954 not affected","content":"### sec.133 Acts Interpretation Act 1954 not affected\n\nExcept to the extent this part or a regulation made under section 132 expressly provides differently, the Acts Interpretation Act 1954 applies in relation to the repeal of the repealed Act.","sortOrder":148},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Validation provision","content":"## Validation provision","sortOrder":149},{"sectionNumber":"sec.134","sectionType":"section","heading":"Validation provision for particular national regulations","content":"### sec.134 Validation provision for particular national regulations\n\nThis section applies to a national regulation made before the commencement of this section if a requirement under section 14 in relation to the national regulation has not been complied with.\nIt is declared that—\nthe national regulation did not cease to have effect, and is taken to have never ceased to have effect, and does not cease to have effect on or after the commencement of this section, because of the non-compliance; and\nthe national regulation is taken to be, and to always have been, as valid as it would have been if the requirement under section 14 had been complied with; and\nanything done or purportedly done under the national regulation, before or after the commencement of this section, is as valid as it would have been or would be if the requirement under section 14 had been complied with.\ns 134 ins 2019 No. 29 s 2D\n(sec.134-ssec.1) This section applies to a national regulation made before the commencement of this section if a requirement under section 14 in relation to the national regulation has not been complied with.\n(sec.134-ssec.2) It is declared that— the national regulation did not cease to have effect, and is taken to have never ceased to have effect, and does not cease to have effect on or after the commencement of this section, because of the non-compliance; and the national regulation is taken to be, and to always have been, as valid as it would have been if the requirement under section 14 had been complied with; and anything done or purportedly done under the national regulation, before or after the commencement of this section, is as valid as it would have been or would be if the requirement under section 14 had been complied with.\n- (a) the national regulation did not cease to have effect, and is taken to have never ceased to have effect, and does not cease to have effect on or after the commencement of this section, because of the non-compliance; and\n- (b) the national regulation is taken to be, and to always have been, as valid as it would have been if the requirement under section 14 had been complied with; and\n- (c) anything done or purportedly done under the national regulation, before or after the commencement of this section, is as valid as it would have been or would be if the requirement under section 14 had been complied with.","sortOrder":150}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":572},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an application Act bringing the national rail safety scheme into Queensland law. The 2019 validation provision (section 134) and various amendments to definitions and cross-references represent technical maintenance rather than substantive expansion beyond the original purpose of adopting and modifying the national law for Queensland."},"complexity_factors":["Extensive cross-referencing to the Rail Safety National Law (set out in a South Australian Act) and multiple other Queensland statutes","Nested conditional logic throughout Part 3 (drug and alcohol testing) with multiple triggers for additional specimen requirements","Detailed evidentiary provisions with conclusive presumptions and specific rebuttal mechanisms","Transitional provisions spanning 60+ sections that map old Queensland-specific processes to new national law equivalents","Multiple interacting definitions that modify meanings of terms from the national law for Queensland purposes","Complex industrial relations provisions determining ONRSR's status under both Queensland and Commonwealth fair work legislation"],"plain_english_summary":"This Act brings Queensland into a national scheme for rail safety regulation. It does three main things:\n\n**1. Adopts the national law**\nThe Act applies the *Rail Safety National Law* (originally enacted in South Australia) as Queensland law, with some modifications. This creates a single, consistent regulatory framework across participating states.\n\n**2. Sets up Queensland-specific arrangements**\n- Defines how Queensland courts and tribunals (Magistrates Courts and QCAT) handle appeals and prosecutions\n- Excludes monorails from coverage\n- Prevents police officers from being appointed as rail safety officers\n- Clarifies that the national regulator (ONRSR) is not a Queensland public sector employer\n- Ensures mining railways are regulated under this national law rather than Queensland's mining safety laws\n\n**3. Establishes detailed drug and alcohol testing procedures**\nThe Act includes extensive rules for testing rail safety workers, including:\n- Preliminary breath and saliva tests\n- Formal breath, saliva and blood analysis\n- Strict time limits (3 hours from when the worker was found)\n- Medical certificates for workers unable to provide specimens\n- Detailed certificate and evidence requirements for prosecutions\n- Defences for workers who prove a direction was unlawful or had reasonable excuse\n\n**4. Provides transitional arrangements**\nThe Act smooths the transition from Queensland's previous rail safety regime (the repealed *Transport (Rail Safety) Act 2010*) by preserving existing accreditations, exemptions, applications and investigations under the new national framework.\n\n**Who it affects:** Rail transport operators, rail safety workers (especially drivers), the national rail safety regulator (ONRSR), and Queensland government agencies involved in rail safety oversight."},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope was partially narrowed from the national template: monorails are explicitly excluded from coverage in Queensland (sections 8 and 9), which is a deliberate local carve-out from the national Rail Safety National Law. Additionally, the exclusion of most standard Queensland government accountability legislation (Auditor-General, Ombudsman, Right to Information, etc.) from applying to ONRSR is broader in effect than a simple adoption of national law would suggest — it creates a regulatory body largely insulated from Queensland's normal public accountability framework. The detailed drug and alcohol testing procedures in Part 3 represent a substantive Queensland-specific expansion beyond merely adopting the national law."},"complexity_factors":["Multi-layered legal architecture: Queensland Act adopts a South Australian Act as a schedule, which itself applies as Queensland law — requiring readers to consult at least three separate documents","Extensive cross-referencing between this Act, the national Rail Safety National Law, and multiple other Queensland and Commonwealth Acts (Justices Act, QCAT Act, Transport Operations Road Use Management Act, Fair Work Act, etc.)","Drug and alcohol testing procedures span numerous detailed divisions with highly specific procedural requirements, time limits, certificate formats and evidentiary rules","Complex interplay between national and state law — some Queensland laws are excluded entirely, some apply partially, and some apply only to state entities operating within the scheme","The ONRSR's unusual legal status (neither a Queensland state entity nor a Commonwealth body) creates layered jurisdictional questions","Evidentiary provisions create presumptions and deemed facts that reverse normal burden of proof in certain circumstances","Mining railway carve-outs require readers to also consult two separate mining safety Acts","Parliamentary scrutiny provisions require understanding of the Statutory Instruments Act and Legislative Standards Act to appreciate the disallowance mechanism","Terminology translation provisions (e.g. 'oral fluid' becoming 'saliva', 'drug screening test' becoming 'preliminary saliva test') add interpretive complexity","Interoperability with other participating jurisdictions means the law's effect can change depending on what other states do with the national law"],"plain_english_summary":"## Rail Safety National Law (Queensland) Act 2017\n\n### What is this law?\nThis Act makes Queensland part of a **national rail safety system** by adopting a uniform law originally created by South Australia (the 'Rail Safety National Law'). Rather than Queensland having its own separate rail safety rules, this Act brings the national framework into Queensland with some local tweaks.\n\n### Who does it affect?\n- **Rail safety workers** (train drivers, maintenance crew, operations staff) — they can be required to submit to drug and alcohol testing\n- **Rail operators and businesses** running railway services in Queensland\n- **The Office of the National Rail Safety Regulator (ONRSR)** — the national body that oversees rail safety across participating states\n- **Miners** whose operations include railways (some specific rules apply)\n- **People who build structures near or over train tracks**\n\n### Key things this law does:\n\n**1. Adopts the national rail safety framework for Queensland**\nQueensland formally joins the national scheme, meaning rail safety rules are consistent with other states (except for monorails — Queensland has specifically excluded those).\n\n**2. Drug and alcohol testing of rail safety workers**\nThis is the most detailed part of the law. Authorised safety officers can:\n- Require workers to do **preliminary breath or saliva tests** (like a roadside drug/alcohol check)\n- If that test shows a problem (or if the worker refuses), require a **full breath analysis, saliva analysis, or blood test**\n- Tests must start within **3 hours** of the relevant incident\n- Workers with a **doctor's certificate** about a health condition may be excused from certain types of tests\n- Workers can request a **duplicate sample** of saliva or blood for their own records\n- Results are recorded in formal **certificates** that serve as legal evidence in court\n\n**3. ONRSR is treated as a national (not Queensland) employer**\nThe national regulator's staff are employed under Commonwealth workplace laws (the Fair Work Act), not Queensland public service rules. The regulator is not subject to most Queensland government accountability laws (like the Auditor-General or Ombudsman Acts) — though some still apply to Queensland government entities working within the system.\n\n**4. Offences and courts**\n- Serious offences (more than 3 years imprisonment) are treated as **indictable misdemeanours** (serious criminal charges heard in higher courts)\n- Lesser offences go through the **Magistrates Court**\n- A person cannot be punished twice for the same act under both this law and another Queensland or interstate law (**double jeopardy** protection)\n\n**5. Parliamentary oversight of national regulations**\nEven though the detailed regulations are made nationally (not just by Queensland), the Queensland Parliament retains the ability to **disallow** (reject) those regulations if it disagrees with them — a democratic safeguard.\n\n**6. Mining railways**\nWhere a railway is inside a mine, this national rail safety law takes priority over Queensland's separate mining safety laws.\n\n### Why does this matter to you?\nIf you work on Queensland railways, you can be legally required to undergo drug and alcohol testing at any time during safety-sensitive work. Refusing or failing a test is a criminal offence. The certificates issued during testing are treated as strong evidence in court — you'd need to prove equipment was faulty to challenge them."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (definitions of 'national law' and 'Rail Safety National Law (Queensland)')","severity":"medium","reasoning":"The definition chain is: national law → Rail Safety National Law (Queensland) → provisions applying because of s4 → Rail Safety National Law (SA schedule). The term 'national law' is then used throughout Part 3 as if it were a standalone defined term, but it ultimately collapses back into the Queensland application of itself, creating a loop that obscures the operative content.","confidence":0.75,"description":"Circular definition: 'national law' is defined as the 'Rail Safety National Law (Queensland)', and 'Rail Safety National Law (Queensland)' is defined as the provisions applying because of section 4. Section 4 then applies the 'Rail Safety National Law' (the SA version). The term 'national law' is used extensively throughout Part 3 to make directions, impose duties and create offences, yet it is defined by reference to itself via the Queensland application, which is in turn defined by reference to the South Australian schedule. A reader cannot determine the content of 'national law' without consulting external SA legislation."},{"type":"other","section":"sec.5 (definition of 'State entity') and sec.6(3) and sec.6(4)","severity":"medium","reasoning":"Defining 'State entity' to include an individual person conflates the concepts of 'entity' and 'person'. This produces absurd results when financial accountability or ombudsman legislation is said to 'apply to a State entity exercising functions', since those Acts are directed at organisations, not individuals.","confidence":0.72,"description":"Section 5 defines 'State entity' to include 'a public service employee under the Public Sector Act 2022, section 13'. A single employee is not a 'State entity' in any conventional legal or administrative sense; an entity is an organisation or body, not a natural person. Section 6(3) then applies financial accountability and ombudsman legislation to a 'State entity exercising functions', which is incoherent when the entity is a single employee. Section 6(4) separately declares ONRSR employees are not public service employees, creating an asymmetry: individual employees of other bodies can be 'State entities' subject to whole-of-government legislation, but ONRSR employees are carved out entirely."},{"type":"other","section":"sec.6(1) and sec.6(2)","severity":"low","reasoning":"The structural choice to exclude an entire Act in subsection (1) and immediately re-apply one of its provisions in subsection (2) is drafting inefficiency that risks interpretive disputes about the scope of the exclusion.","confidence":0.65,"description":"Section 6(1)(a) excludes the Acts Interpretation Act 1954 from applying to the Rail Safety National Law (Queensland), yet section 6(2) immediately re-applies section 20C of that same Act. The drafting creates an awkward carve-back: the whole Act is excluded but one section is re-included. If the Acts Interpretation Act were simply excluded, section 20C would not apply. The re-inclusion of only section 20C is not illogical per se, but the structure means the exclusion in subsection (1) is immediately qualified by subsection (2) for the very first item listed, creating potential interpretive confusion about whether any other provisions of the Acts Interpretation Act might apply by implication."},{"type":"other","section":"sec.8(5) and sec.9","severity":"low","reasoning":"Double exclusion of monorails — once by removing them from the operative definitions and again by express exclusion — is redundant. Redundant provisions can cause interpretive mischief (e.g., an argument that the express exclusion in s9 must mean something different from the definitional modification, otherwise why include both?).","confidence":0.78,"description":"Section 8(5) modifies the definitions of 'railway' and 'rolling stock' in the national law by removing references to monorails. Section 9 then separately declares that the Rail Safety National Law (Queensland) does not apply to monorails. If monorails are already removed from the definition of 'railway', section 9 is entirely redundant — the law could not apply to something that is not a railway. The duplication suggests either that section 9 is surplusage or that the drafters were uncertain whether removing 'monorail' from the definitions alone was sufficient, implying a possible definitional gap."},{"type":"other","section":"sec.12(1) and sec.12(6)","severity":"medium","reasoning":"The boundary condition produces a gap: offences at exactly 3 years are summary only (no cap in s12(6)), while offences at 3 years plus one day are indictable but can be dealt with summarily capped at 3 years. The boundary is internally inconsistent in its treatment of the 3-year threshold.","confidence":0.7,"description":"Section 12(1) defines an indictable offence as one with a penalty of MORE THAN 3 years imprisonment. Section 12(6) sets the maximum term that may be summarily imposed for an indictable offence at exactly 3 years imprisonment. This means the minimum threshold for being an indictable offence (just over 3 years) is the same as the maximum summary penalty for that same offence. An offence carrying exactly 3 years imprisonment is not an indictable offence under s12(1) and would be dealt with summarily under s12(2) with no statutory cap on the summary penalty (since s12(6) only caps summary penalties for indictable offences). This creates an anomaly at the boundary."},{"type":"self_contradicting","section":"sec.39(2)(b) and sec.40(2)-(3)","severity":"medium","reasoning":"Calling evidence 'conclusive' while providing a mechanism to rebut it is self-contradictory. The practical effect may be manageable (the evidence is conclusive unless rebutted on a specific ground), but the drafting conflates 'conclusive' with 'presumptive'.","confidence":0.8,"description":"Section 39(2)(b) provides that a copy of a breath analysis certificate is 'evidence' that the instrument was in proper working order and was properly operated. Section 40(2) then upgrades this to 'conclusive evidence' of the alcohol concentration at all material times. However, section 40(3) allows the rail safety worker to rebut the evidence by proving the instrument was not in proper working order or not properly operated. This creates a logical tension: the certificate is conclusive evidence of the concentration (s40(2)), yet the concentration finding necessarily depends on proper operation (s39(2)(b)), and s40(3) allows rebuttal of proper operation. The 'conclusive' label in s40(2) is undermined by the s40(3) rebuttal mechanism, which effectively makes it rebuttable conclusive evidence — a contradiction in terms."},{"type":"impossible_compliance","section":"sec.33(2)-(3) (duplicate specimen)","severity":"medium","reasoning":"The subsection requires the worker to 'provide' the duplicate specimen as a precondition to the relevant person being obliged to give it to them. Since the worker is the source of the specimen (it is their saliva or blood), they cannot 'provide' it to the relevant person in the same sense — it must be taken by the health care professional. The provision is internally incoherent.","confidence":0.75,"description":"Section 33(2) allows a rail safety worker to ask the 'relevant person' to provide the worker with a duplicate specimen. Section 33(3) requires the relevant person to comply with the request, 'subject to the rail safety worker providing the duplicate specimen'. This is logically impossible: the rail safety worker cannot provide a duplicate specimen of their own saliva or blood to the relevant person — the relevant person takes the specimen from the worker. The condition 'subject to the rail safety worker providing the duplicate specimen' makes no sense in context; it should presumably read 'subject to the rail safety worker providing a further specimen for the duplicate'."},{"type":"impossible_compliance","section":"sec.43(1)(c) (health care professional witnessing direction)","severity":"high","reasoning":"The requirement that a health care professional witness the authorised person's direction is structurally at odds with the operational reality of the testing regime, where the direction is given at one location and the blood specimen taken at another, often by different personnel.","confidence":0.82,"description":"Section 43(1)(c) requires, as a precondition for the health care professional to issue a failure certificate, that the health care professional 'witnessed the giving of the direction' to provide a blood specimen. However, the direction is given by the authorised person under section 28, typically at the scene, while blood is taken later by a health care professional at a medical facility. It is operationally impractical and often impossible for the health care professional to witness the original direction, particularly where the worker is transported to a clinic or hospital. This creates an impossible compliance scenario where the failure certificate mechanism cannot be invoked in many real-world cases."},{"type":"other","section":"sec.2 (commencement)","severity":"low","reasoning":"While 'at the end of' a date is occasionally used in Queensland legislation to mean the start of the following day, the phrase is ambiguous and could create uncertainty about the exact commencement date, particularly for acts or omissions occurring on 30 June 2017.","confidence":0.6,"description":"The Act states it 'commences at the end of 30 June 2017'. This phrasing is unusual and ambiguous: 'at the end of 30 June 2017' could mean the Act commences at 11:59:59 PM on 30 June 2017 (i.e., still on 30 June), or it could be interpreted as commencing at the start of 1 July 2017. The ordinary reading of 'at the end of [date]' suggests the very last moment of that day, meaning the Act technically commenced on 30 June 2017, not 1 July 2017. This is potentially inconsistent with the apparent policy intent to commence on 1 July 2017."}],"contradictions":[{"severity":"low","section_a":"sec.6(1) (exclusion of Acts Interpretation Act 1954)","section_b":"sec.6(2) (re-application of Acts Interpretation Act 1954, s20C)","confidence":0.7,"description":"Section 6(1)(a) excludes the Acts Interpretation Act 1954 in its entirety from applying to the Rail Safety National Law (Queensland). Section 6(2) then re-applies section 20C of that same excluded Act. The result is contradictory: the Act is excluded but one of its provisions is simultaneously in force. While the later subsection may override the earlier as a matter of construction, the contradiction creates interpretive uncertainty about whether other provisions of the Acts Interpretation Act might apply by analogy or implication."},{"severity":"medium","section_a":"sec.6(3) (excluded Acts apply to State entities)","section_b":"sec.6(4)(a) (ONRSR is not a State entity)","confidence":0.75,"description":"Section 6(3) provides that the excluded Acts (including the Auditor-General Act, Financial Accountability Act, Ombudsman Act, etc.) apply to a 'State entity' exercising functions under the Rail Safety National Law (Queensland). Section 6(4)(a) declares that ONRSR is not a State entity. This means those accountability statutes cannot apply to ONRSR even when it exercises functions under the Queensland law, creating a regulatory accountability gap. While this may be intentional (ONRSR is a national body), the tension between imposing accountability on State entities exercising the law while exempting the primary regulator is a structural contradiction."},{"severity":"low","section_a":"sec.8(5) (monorail references omitted from definitions)","section_b":"sec.9 (Rail Safety National Law (Queensland) does not apply to monorails)","confidence":0.78,"description":"Section 8(5) removes 'monorail' from the definitions of 'railway' and 'rolling stock', meaning monorails are not railways under the Queensland application of the law. Section 9 then separately excludes monorails from the operation of the Rail Safety National Law (Queensland). If monorails are not 'railways' under the definitions, there is nothing for section 9 to exclude. The two provisions are contradictory in the sense that one treats monorails as requiring explicit exclusion (implying they might otherwise be caught) while the other removes them from the scope of the operative definitions entirely."},{"severity":"medium","section_a":"sec.39(2)(b) (certificate is evidence of proper working order)","section_b":"sec.40(2) and sec.40(3) (conclusive evidence subject to rebuttal)","confidence":0.8,"description":"Section 39(2)(b) provides that the breath analysis certificate is 'evidence' that the instrument was in proper working order and properly operated — a rebuttable evidentiary status. Section 40(2) elevates this to 'conclusive evidence' of the alcohol concentration. Section 40(3) then permits the worker to rebut the conclusive evidence by proving improper operation. The contradiction is that the certificate simultaneously provides conclusive evidence of a fact (alcohol concentration) and evidence (not conclusive) of the precondition to that fact (proper operation), and the precondition can be rebutted to undermine the 'conclusive' evidence."},{"severity":"medium","section_a":"sec.11 (police officer cannot be appointed as rail safety officer)","section_b":"sec.30 (police officer taken to be instrument operator)","confidence":0.68,"description":"Section 11 prohibits police officers from being appointed as rail safety officers under the Rail Safety National Law (Queensland), section 135. Section 30 provides that a police officer who carries out a breath analysis at a police station is 'taken to be an instrument operator' for the purposes of Part 3. An 'instrument operator' is a defined role in section 15 linked to authorised persons or police officers performing breath analysis functions. The effect is that police officers are excluded from formal appointment as rail safety officers but are simultaneously deemed to exercise a functional role (instrument operator) that is integral to the rail safety testing regime — creating a partial and contradictory exclusion."},{"severity":"medium","section_a":"sec.20(1) (authorised person cannot act while police officer is acting)","section_b":"sec.27(1)(a) (authorised person may require breath/saliva/blood analysis)","confidence":0.65,"description":"Section 20(1) prevents an authorised person from exercising powers under divisions 3 or 4 (preliminary testing and analysis) in relation to a train driver while a police officer is exercising powers under the Transport Operations (Road Use Management) Act 1995, section 80. Section 27(1)(a) gives the authorised person broad power to require a breath, saliva or blood analysis following a preliminary test. If a police officer has conducted a preliminary breath test under TORUM Act s80 and is still 'exercising a power', the authorised person cannot exercise division 4 powers — yet the trigger for the division 4 analysis power in section 26(a) may have been the result of that very police preliminary test. The interplay creates a potential operational gap where neither the police officer nor the authorised person can proceed to full analysis."}]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act changes the legislative architecture by replacing the stand‑alone Queensland Transport (Rail Safety) Act 2010 with the Rail Safety National Law as the operative law in Queensland (s.4; repeal s.64). That is a structural change in how rail safety is governed: many regulatory powers, accreditation processes and enforcement actions are moved into the national framework and to ONRSR (see transitional mapping in secs 97–106 and many other sections). Specific scope changes include (a) excluding monorails from the Law’s application in Queensland (s.9); (b) declaring ONRSR and its employees outside the State public sector for particular Queensland Acts and specifying national industrial status (s.6, s.10); and (c) introducing a state‑collected rail safety investigation fee to fund ATSB functions in Queensland (ss.58–61) rather than folding that component into the national fee architecture. The transitional provisions also preserve many existing Queensland administrative arrangements but convert them to the national law’s processes, which materially shifts who decides, how costs are recovered, and how compliance is administered (see the substantial mapping across secs 64–134)."},"complexity_factors":["Heavy cross‑referencing to an external national law (Rail Safety National Law) and to legislation of other jurisdictions (see s.3, s.4)","Extensive transitional and savings regime spanning secs 64–134 that maps many prior‑Act processes into the national law (many conditional enactments)","Part 3 (drug and alcohol testing) contains detailed procedural, evidentiary and timing rules with multiple exceptions and defences (ss.15–57)","Multiple definitions and local reinterpretations (s.3, s.5, s.8) adjusting national law terms for Queensland","Several different decision‑makers and roles (Regulator/ONRSR, chief executive, authorised person, health care professional, analyst) with distinct powers and duties (see ss.6, 10, 62, Part 3)","Numerous evidentiary presumptions and certificates treated as conclusive evidence with statutory reversal procedures and notice requirements (ss.39–46, 48–52, 54)","Regulation‑making power that can modify national regulations in Queensland (s.63) combined with parliamentary scrutiny requirements for national regulations (s.14)","Multiple staged transitional timeframes and tailored transitional protections for different categories (accreditation, private sidings, safety management systems), creating nested conditional logic (see ss.66–93)"],"plain_english_summary":"**What this Act does (mechanics)**\n\n- Imports the Rail Safety National Law (the national rail safety statute set out in the South Australian schedule) into Queensland law so it operates in Queensland as if it were a Queensland Act (see s.4 and schedule references in s.3).  The imported law is called the Rail Safety National Law (Queensland) in this Act (s.3, s.4).\n\n- Modifies the national law for Queensland where needed.  Examples include local definitions (s.5), treating ONRSR (the Office of the National Rail Safety Regulator) and its staff as outside the State public sector for certain purposes (s.6, s.10), excluding monorails from the Law’s application in Queensland (s.9), and adjusting particular definitions (s.8).\n\n- Sets out detailed drug and alcohol testing procedures for rail safety workers (Part 3, ss.15–57).  That Part specifies who may require preliminary tests and laboratory tests, time limits for testing, how specimens must be taken, evidentiary rules about certificates and laboratory results, and defences and procedural safeguards (for example, medical certificates and rights to duplicate samples) (see ss.21–36, ss.39–49, ss.56–57).\n\n- Prescribes criminal procedure treatment for offences under the national law as it applies in Queensland (classification of indictable v summary offences, magistrates’ powers, and the operation of the double‑jeopardy rule) (ss.12–13).\n\n- Establishes a fee regime to fund the Australian Transport Safety Bureau’s rail investigation work in Queensland — an accredited person (as prescribed) must pay a rail safety investigation fee; the chief executive collects, can waive or refund fees, and may require information to calculate fees (ss.58–61).\n\n- Authorises information‑sharing and operational assistance between Queensland’s chief executive and ONRSR, and protects officials from civil or criminal consequences when sharing information for rail safety functions (s.62).\n\n- Gives the Governor in Council power to make regulations and to adjust how national regulations apply locally (s.63).  It also requires Queensland parliamentary scrutiny procedures to be available for national regulations applied in Queensland (s.14).\n\n- Repeals the Transport (Rail Safety) Act 2010 and contains extensive transitional, validation and savings provisions mapping existing Queensland regulatory instruments, applications, accreditation, notices, investigations, identity cards, and other ongoing administrative steps into the new national framework (secs 64–134).  These transitional provisions preserve rights, ongoing processes and timeframes while converting them to the corresponding national‑law processes (many sections from 65 onwards).\n\n\n**Who the law affects**\n\n- Rail safety duty‑holders in Queensland: rail transport operators, rail infrastructure managers, accredited persons, and private siding managers — they are subject to the national law as modified (s.4 and many transitional sections).  Operators must comply with testing regimes, safety management system requirements, accreditation and registration rules, and pay investigation fees where prescribed (Part 3; ss.59–61; transitional sections).\n\n- Rail safety workers (employees and contractors performing safety‑critical rail work): the Act prescribes when they may be required to undergo preliminary or laboratory testing for alcohol and drugs, and it fixes evidentiary procedures (Part 3, ss.15–57).\n\n- ONRSR and Queensland public officials (chief executive): the Act defines relationships, information‑sharing powers and the industrial (employment) status of ONRSR for certain federal workplace laws (s.6, s.10, s.62).\n\n- Laboratories, analysts, health care professionals and instrument operators: the Act sets duties (timely delivery of specimens, certificates, chain of custody and evidence presumptions) and gives legal protections for lawful action (see ss.37–48, 50–52, 46–47).\n\n\n**Why it matters (claimed purpose and practical effects)**\n\n- Claimed purpose: the Act implements the national rail safety regime in Queensland to achieve a single national regulatory framework and to align local administrative details with Queensland law (see s.4 and the schedule reference in s.3).\n\n- Practical effects and trade‑offs:\n  - Centralises regulation under the national law and ONRSR: that reduces duplication where operators run inter‑jurisdictional services, and it moves enforcement, accreditation and certain decisions into a national framework (s.4; transitional sections re‑assigning powers).  Trade‑off: operators and Queensland agencies must adapt to different decision‑makers, templates and processes during and after the transition (see transitional Parts, e.g. ss.97–105).\n  - Provides detailed, prescriptive testing and evidentiary rules (Part 3).  Benefit: greater legal clarity for when tests can be required and how results are used in prosecutions (ss.21–31, ss.39–48).  Cost: administrative and operational burden on employers to train authorised persons, maintain testing devices, arrange labs and manage time limits and record‑keeping; potential outlays for laboratory fees and duplicate‑sample handling (ss.34–38, 46–47).\n  - Shifts some regulatory funding mechanics: a rail safety investigation fee is payable to the chief executive to fund ATSB activity in Queensland (ss.59–61).  Concrete outcome: accredited persons bear a direct funding charge; chief executive has collection and waiver powers (s.59(3)–(4)).\n  - Tight evidentiary presumptions (certificates and conclusive evidence rules) favour efficient prosecutions and administrative closure (ss.39–46, 50–52, 48).  Trade‑off: defendants must overcome statutory presumptions (with notice requirements for certain defences — s.54) which can raise litigation costs and shift the evidentiary burden onto workers and their advisers.\n  - Extensively preserves ongoing processes from the repealed Queensland Act (Transport (Rail Safety) Act 2010) through transitional provisions (secs 64–134).  Benefit: legal continuity for pending applications, accreditations, notices and investigations; cost: complexity during transition and significant administrative coordination required between Queensland agencies and the national Regulator.\n\n\n**Key implementation and compliance risks**\n\n- Coordination risk: many parts remap Queensland administrative actions into the national law (large transitional block, ss.64–134).  Errors or delays in mapping/accreditation or in issuing new identity cards (ss.118–119) can disrupt operator compliance or enforcement.\n\n- Operational burden on small operators: compliance with testing procedures (equipment, trained authorised persons, specimen handling and timed windows) and new fee obligations may be proportionally heavier for small or single‑siding operators (Part 3; ss.59–61; transitional exemptions and phased transitional periods such as ss.66–76, 79–93).\n\n- Concentration of decision power: decisions and enforcement powers move to the national Regulator for many functions (transitional sections and s.4).  That concentrates benefits and control at ONRSR and could increase reliance on a single regulator’s administrative practices (see s.10 re industrial status; s.62 re information sharing).\n\n\n**Behavioral incentives produced by the Act**\n\n- Accredited persons have incentives to maintain compliant safety management systems and to cooperate with tests and investigators (Part 3; ss.75–93 transitional compliance protections).\n\n- Operators face a financial incentive to avoid reportable occurrences and investigations (because of investigation fees and potential enforcement outcomes); they also face administrative incentive to timely convert existing approvals into the national framework (transitional time limits in many sections).\n\n\n**Where to look in the Act for specifics**\n\n- Import and status of national law: s.4 and definitions in s.3; exclusions: s.6; monorail exclusion: s.9.\n- Drug and alcohol rules, evidentiary provisions: Part 3 (ss.15–57) and related evidentiary sections (ss.39–54, 56–57).\n- Fees for ATSB rail investigations and information obligations: ss.58–61.\n- Information sharing and legal protections for disclosure: s.62.\n- Regulation‑making and parliamentary scrutiny of national regulations applied in Queensland: s.14 and s.63.\n- Repeal and extensive transitional mapping of old Act to the national law: ss.64–134.\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-queensland-act-2017","history":"/api/acts/rail-safety-national-law-queensland-act-2017/history","analysis":"/api/acts/rail-safety-national-law-queensland-act-2017/analysis","conflicts":"/api/acts/rail-safety-national-law-queensland-act-2017/conflicts","importantCases":"/api/acts/rail-safety-national-law-queensland-act-2017/important-cases","documents":"/api/acts/rail-safety-national-law-queensland-act-2017/documents"}}