{"id":"rail-safety-national-law-south-australia-act-2012","name":"Rail Safety National Law (South Australia) Act 2012","slug":"rail-safety-national-law-south-australia-act-2012","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106481,"registerId":"sa-rail-safety-national-law-south-australia-act-2012-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Rail Safety National Law","content":"Part 2—Application of Rail Safety National Law \n4—Application of Rail Safety National Law\nThe Rail Safety National Law, as amended from time to time, set out in the Schedule—\n\t(a)\tapplies as a law of this jurisdiction; and\n\t(b)\tas so applying may be referred to as the Rail Safety National Law (South Australia); and\n\t(c)\tas so applying is part of this Act.\n5—Interpretation of certain expressions\n\t(1)\tIn the Rail Safety National Law (South Australia), unless the contrary intention appears—\ncourt—a reference to a court in the Law—\n\t(a)\tin Part 5 (Enforcement measures) and Part 7 (Review of decisions)—is a reference to the Administrative and Disciplinary Division of the District Court;\n\t(b)\tin Part 10 Division 6 (Enforceable voluntary undertakings)—is a reference to the Magistrates Court;\nemergency services means each of the following:\n\t(a)\tSouth Australia Police;\n\t(b)\tSouth Australian Country Fire Service;\n\t(c)\tSouth Australian Metropolitan Fire Service;\n\t(d)\tSA Ambulance Service Inc;\n\t(e)\tany body prescribed by the regulations for the purposes of this definition;\nGazette means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State;\nHealth Practitioner Regulation National Law means—\n\t(a)\tthe Health Practitioner Regulation National Law—\n\t(i)\tas in force from time to time, set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and\n\t(ii)\tas it applies as a law of South Australia, another State or a Territory (with or without modification); or\n\t(b)\tthe law that substantially corresponds to the law referred to in paragraph (a);\nmagistrate means a person holding office as a magistrate under the Magistrates Act 1983;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nMinister means the Minister to whom the Rail Safety National Law (South Australia) Act 2012 is committed;\npolice officer means a member of South Australia Police under the Police Act 1998;\npublic sector auditor means the Auditor‑General of South Australia;\nRail Safety National Law or this Law means the Rail Safety National Law (South Australia);\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the nursing profession as a nurse (other than as a student); and\n\t(b)\tin the registered nurses division of that profession;\nroad means a road within the meaning of the Road Traffic Act 1961;\nroad vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1959;\nshared path has the same meaning as in the Australian Road Rules;\nState entity means a public sector agency within the meaning of the Public Sector Act 2009;\nthe jurisdiction or this jurisdiction means South Australia.\n\t(2)\tFor the purposes of this Act and the Rail Safety National Law (South Australia) and any other Act or law—\n\t(a)\tthe Office of the National Rail Safety Regulator—\n\t(i)\tis not a State entity (and therefore not a South Australian entity); and\n\t(ii)\tis not an agency or instrumentality of the South Australian Crown; and\n\t(b)\tan employee of the Office of the National Rail Safety Regulator is not a public sector employee employed by a public sector agency.\n6—No double jeopardy\nIf—\n\t(a)\tan act or omission is an offence against the Rail Safety National Law (South Australia) and is also an offence against a law of another participating jurisdiction; and\n\t(b)\tthe offender has been punished for the offence under the law of the other jurisdiction,\nthe offender is not liable to be punished for the offence against the Rail Safety National Law (South Australia).\n7—Exclusion of legislation of this jurisdiction\n\t(1)\tThe Acts Interpretation Act 1915 does not apply to the Rail Safety National Law (South Australia) or to instruments made under that Law.\n\t(2)\tSubject to subsection (3), and except as applied under the Rail Safety National Law (South Australia) (including the regulations made under that Law), the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law:\n\t(a)\tthe Freedom of Information Act 1991;\n\t(b)\tthe Ombudsman Act 1972;\n\t(c)\tthe Public Finance and Audit Act 1987;\n\t(d)\tthe Public Sector Act 2009;\n\t(e)\tthe Public Sector (Honesty and Accountability) Act 1995;\n\t(f)\tthe State Procurement Act 2004;\n\t(g)\tthe State Records Act 1997.\n\t(3)\tThe Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Rail Safety National Law (South Australia).\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"National regulations","content":"Part 3—National regulations\n8—National regulations\n\t(1)\tSubject to this section, the Subordinate Legislation Act 1978 does not apply to the national regulations.\n\t(2)\tSections 10, 10A and 11 of the Subordinate Legislation Act 1978 apply to the national regulations.\n\t(3)\tHowever, if a regulation made by the Governor for the purposes of the Rail Safety National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).\nRail Safety National Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule.\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions relating to drug and alcohol testing","content":"Part 4—Provisions relating to drug and alcohol testing\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1—Preliminary\n9—Interpretation\n\t(1)\tIn this Part—\nalcotest means a test by means of an apparatus approved under the Road Traffic Act 1961 or this Part for the purpose of conducting alcotests;\nanalyst means—\n\t(a)\ta person who is an analyst for the purposes of the Road Traffic Act 1961; or\n\t(b)\ta person appointed as an analyst by the Minister specifically for the purposes of this Part and Part 3 Division 9 (Drug and alcohol testing by Regulator) of the Rail Safety National Law; or\n\t(c)\ta person holding an office of a class approved by the Minister for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law;\napproved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 or this Part to be an approved blood test kit;\napproved courier means a person approved by the Minister as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law;\nbreath analysing instrument means an apparatus of a kind approved under the Road Traffic Act 1961 or this Part as a breath analysing instrument;\nbreath analysis means an analysis of breath by a breath analysing instrument;\nCommissioner of Police means the Commissioner of Police appointed under the Police Act 1998;\ndrug screening test means a test by means of an apparatus of a kind approved under the Road Traffic Act 1961 or this Part for the purpose of conducting drug screening tests;\nforensic material means any human material from which the person from whom the material was taken could be identified;\noral fluid analysis means the analysis of a person's oral fluid to determine whether a drug is present in the oral fluid;\npreliminary breath test means an alcotest;\nRail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule.\n\t(2)\tIn this Part, a reference to regulations is a reference to regulations made for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law.\n\t(3)\tFor the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law, a thing is to be regarded as having been done by a medical practitioner, registered nurse or analyst if it is done by a person acting under the supervision or direction of the medical practitioner, registered nurse or analyst.\n10—Approval of couriers\nThe Minister may, by notice in the Gazette—\n\t(a)\tapprove a person as a courier for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law; or\n\t(b)\trevoke an approval under paragraph (a).\n11—Approval of apparatus and kits for breath analysis etc\n\t(1)\tThe Governor may, by regulation, for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law—\n\t(a)\tapprove apparatus of a prescribed kind as breath analysing instruments; or\n\t(b)\tapprove apparatus of a prescribed kind for the purpose of conducting alcotests; or\n\t(c)\tapprove apparatus of a prescribed kind for the purpose of conducting drug screening tests; or\n\t(d)\tdeclare a kit of a prescribed kind to be an approved blood test kit.\n\t(2)\tAn approved blood test kit, or apparatus approved as a breath analysing instrument, or for the purpose of conducting alcotests or drug screening tests, under the Road Traffic Act 1961 will be taken to have been approved under this section for the purposes of this Part and Part 3 Division 9 of the Rail Safety National Law.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Procedures relating to testing and analyses","content":"Division 2—Procedures relating to testing and analyses\n12—Conduct of preliminary breath test or breath analysis\n\t(1)\tThis section applies when an authorised person requires a rail safety worker to submit to testing under section 126 (Authorised person may require preliminary breath test or breath analysis) of the Rail Safety National Law.\n\t(2)\tA preliminary breath test or breath analysis to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker has ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be).\n\t(3)\tThe performance of a preliminary breath test or breath analysis commences when a direction is first given by an authorised person that the rail safety worker concerned exhale into the preliminary breath test apparatus or breath analysing instrument to be used for the test or analysis.\n\t(4)\tA rail safety worker required to submit to a preliminary breath test or breath analysis must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the preliminary breath test or breath analysis is conducted in accordance with the directions of the authorised person.\n\t(5)\tIt is a defence to a prosecution under subsection (4) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction.\n\t(6)\tIf a rail safety worker refuses or fails to comply with a requirement or direction of an authorised person by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by—\n\t(a)\ta medical practitioner or registered nurse nominated by the worker; or\n\t(b)\ta medical practitioner or registered nurse nominated by the authorised person at the request of the worker.\n\t(7)\tA rail safety worker is not relieved from the obligation to submit to a breath analysis in accordance with this section or section 126 of the Rail Safety National Law by—\n\t(a)\tthe making of a request under subsection (6); or\n\t(b)\tthe taking of a sample of the worker's blood under subsection (6).\n\t(8)\tA rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 126 of the Rail Safety National Law on the ground that—\n\t(a)\tthe worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or\n\t(b)\tthe worker consumed alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given.\n\t(9)\tThe taking of a blood sample under subsection (6) must be in the presence of an authorised person.\n13—Conduct of drug screening tests, oral fluid analyses and blood tests\n\t(1)\tThis section applies when an authorised person requires a rail safety worker to submit to testing under section 127 (Authorised person may require drug screening test, oral fluid analysis and blood test) of the Rail Safety National Law.\n\t(2)\tA drug screening test may only be conducted by—\n\t(a)\ta police officer; or\n\t(b)\tan authorised person authorised by the Regulator to conduct such tests.\n\t(3)\tA drug screening test, oral fluid analysis or blood test to which a rail safety worker has been required to submit may not be commenced more than 8 hours after the worker ceased to carry out rail safety work or more than 8 hours following a prescribed notifiable occurrence (as the case may be).\n\t(4)\tThe performance of a drug screening test, oral fluid analysis or blood test commences when a direction is first given by an authorised person that the rail safety worker concerned provide a sample of oral fluid or blood to be used for the drug screening test, oral fluid analysis or blood test.\n\t(5)\tA rail safety worker required by an authorised person to submit to a drug screening test, oral fluid analysis or blood test must not refuse or fail to comply with all reasonable directions of an authorised person in relation to the requirement and, in particular, must not refuse or fail to allow a sample of oral fluid or blood to be taken in accordance with the directions of the authorised person.\n\t(6)\tIt is a defence to a prosecution under subsection (5) that there was, in the circumstances of the case, good reason for the refusal or failure of the defendant to comply with the requirement or direction.\n\t(7)\tIf a rail safety worker of whom a requirement is made or to whom a direction is given by an authorised person relating to a drug screening test or oral fluid analysis, refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of the authorised person that a sample of his or her blood be taken by a medical practitioner or registered nurse, the authorised person must do all things reasonably necessary to facilitate the taking of a sample of the worker's blood for analysis by—\n\t(a)\ta medical practitioner or registered nurse nominated by the worker; or\n\t(b)\ta medical practitioner or registered nurse nominated by the authorised person at the request of the worker.\n\t(8)\tIf a rail safety worker of whom a requirement is made or to whom a direction is given under this section relating to a blood test required in connection with—\n\t(a)\tdrug testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that an oral fluid analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of an oral fluid analysis; or\n\t(b)\talcohol testing—refuses or fails to comply with the requirement or direction by reason of some physical or medical condition of the worker and immediately makes a request of an authorised person that a breath analysis be conducted, an authorised person must do all things reasonably necessary to facilitate the conduct of a breath analysis.\n\t(9)\tA rail safety worker is not relieved from the obligation to submit to a drug screening test, oral fluid analysis or blood test in accordance with this section or section 127 of the Rail Safety National Law by—\n\t(a)\tthe making of a request under subsection (7) or (8); or\n\t(b)\tthe taking of a sample of—\n\t(i)\tthe worker's blood under subsection (7); or\n\t(ii)\tthe worker's oral fluid under subsection (8)(a); or\n\t(c)\tthe conduct of a breath analysis under subsection (8)(b).\n\t(10)\tA rail safety worker is not entitled to refuse or fail to comply with a requirement or direction under this section or section 127 of the Rail Safety National Law on the ground that—\n\t(a)\tthe worker would, or might, by complying with that requirement or direction, provide evidence that could be used against himself or herself; or\n\t(b)\tthe worker consumed a drug or alcohol after the worker last performed rail safety work or was involved in a prescribed notifiable occurrence (as the case may be), but before the requirement was made or the direction given.\n\t(11)\tThe taking of a blood sample under this section must be in the presence of an authorised person.\n14—Breath analysis where drinking occurs after rail safety work is carried out\n\t(1)\tThis section applies to proceedings for an offence in which the results of a breath analysis under this Part or Part 3 Division 9 of the Rail Safety National Law are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed alcohol during the relevant period; and\n\t(b)\tthat the alcohol was not consumed by the defendant after an authorised person first exercised powers under section 126 of the Rail Safety National Law preliminary to the performance of the breath analysis; and\n\t(c)\tthat, after taking into account the quantity of alcohol consumed by the defendant during the relevant period and its likely effect on the concentration of alcohol indicated as being present in the defendant's blood by the breath analysis, the defendant should not be found guilty of the offence charged,\nthe court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged.\n\t(3)\tIn subsection (2)—\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the prescribed notifiable occurrence or the conduct of the defendant giving rise to the making of the requirement under section 126 of the Rail Safety National Law that the defendant submit to the breath analysis; and\n\t(b)\tending when the performance of the breath analysis commences.\n15—Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out\n\t(1)\tThis section applies to proceedings for an offence relating to—\n\t(a)\tthe presence of alcohol in which the results of a blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence; or\n\t(b)\tthe presence of a drug in which the results of an oral fluid analysis or blood test under section 127 of the Rail Safety National Law are relied on to establish the commission of the offence.\n\t(2)\tIf in proceedings to which this section applies the defendant satisfies the court—\n\t(a)\tthat the defendant consumed alcohol or consumed or used the drug (as the case may be) during the relevant period; and\n\t(b)\tthat the alcohol was not consumed or the drug was not consumed or used by the defendant (as the case may be) after an authorised person first exercised powers under section 127 of the Rail Safety National Law preliminary to the performance of the blood test or oral fluid analysis; and\n\t(c)\tthat, after taking into account the quantity of alcohol consumed, or drug consumed or used, by the defendant during the relevant period and its likely effect on the concentration of alcohol or drug indicated as being present in the defendant's blood or oral fluid by the test or analysis, the defendant should not be found guilty of the offence charged,\nthe court may, despite the other provisions of this Part or the Rail Safety National Law, find the defendant not guilty of the offence charged.\n\t(3)\tIn subsection (2)—\nrelevant period means the period—\n\t(a)\tcommencing when 3 hours have elapsed since the prescribed notifiable occurrence or conduct of the defendant giving rise to the making of the requirement under section 127 of the Rail Safety National Law that the defendant submit to the oral fluid analysis or blood test; and\n\t(b)\tending when the performance of the oral fluid analysis or blood test (as the case may be) commences.\n16—Compulsory blood testing following a prescribed notifiable occurrence\n\t(1)\tIf a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and, within 8 hours after the prescribed notifiable occurrence, the worker attends at, or is admitted into, a hospital for the purposes of receiving treatment for that injury, it is the duty of the medical practitioner who attends the worker to ensure that, as soon as practicable, a sample of that worker's blood (despite the fact that the worker may be unconscious), is taken in accordance with this section.\n\t(2)\tIf a rail safety worker suffers an injury as a result of a prescribed notifiable occurrence and the worker is dead on arrival at the hospital, or dies before a sample of blood has been taken in accordance with this section and within 8 hours after admission to the hospital, it is the duty of the medical practitioner who, under Part 5 of the Coroners Act 2003, notifies the State Coroner or a police officer of the death—\n\t(a)\tto ensure that a sample of blood from the body of the deceased is taken in accordance with this section; or\n\t(b)\tto notify the State Coroner as soon as practicable that, in view of the circumstances in which the death of the deceased occurred, a sample of blood should be taken from the body under this section.\n\t(3)\tA sample of blood under subsection (1) or (2) may be taken by a medical practitioner or a registered nurse.\n\t(4)\tThe State Coroner, on receiving a notification under subsection (2), may authorise and direct a pathologist to take a sample of blood from the body of the deceased in accordance with this section.\n\t(5)\tAny person who, on being requested to submit to the taking of a sample of blood under this section, refuses or fails to comply with that request and who—\n\t(a)\tfails to assign any reason based on genuine medical grounds for that refusal or failure; or\n\t(b)\tassigns a reason for that refusal or failure that is false or misleading; or\n\t(c)\tmakes any other false or misleading statement in response to the request,\nis guilty of an offence.\n\t(6)\tIn this section—\nhospital means an institution at which medical care or attention is provided for injured persons that is declared to be a hospital for the purposes of section 47I of the Road Traffic Act 1961.\n17—Processes relating to blood samples\nThe following provisions apply where a sample of blood is taken under this Part or Part 3 Division 9 of the Rail Safety National Law:\n\t(a)\tthe medical practitioner or registered nurse by whom the sample of blood is taken must—\n\t(i)\tplace the sample of blood in approximately equal proportions in 2 separate containers marked with an identification number distinguishing the sample from other samples of blood and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken or (in the case of a sample taken under section 16) leave with the person's personal effects at the hospital, a notice in writing—\n\t(A)\tadvising that the sample has been taken under the relevant section; and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d); and\n\t(iv)\tmake the containers and the certificate available to an authorised person;\n\t(b)\teach container must contain a sufficient quantity of blood to enable an analysis to be made of the concentration of alcohol present in the blood or of the presence of a drug in the blood;\n\t(c)\tit is the duty of the medical practitioner or registered nurse by whom the sample is taken to take such measures as are reasonably practicable in the circumstances to ensure that the blood is not adulterated and does not deteriorate so as to prevent a proper analysis of the concentration of alcohol present in the blood, or the presence of a drug in the blood;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe name of the medical practitioner or registered nurse by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the medical practitioner or registered nurse gave the notice referred to in that paragraph to the person from whom the sample was taken, or, as the case may be, left the notice with the person's personal effects;\n\t(e)\t1 of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person or left with the person's personal effects under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container made available to an authorised person in accordance with paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe concentration of alcohol, prescribed drug or other drug found to be present in the sample;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample—\n\t(i)\tthe certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and\n\t(ii)\tcopies of the certificates referred to in paragraph (g)(i) must be sent to—\n\t(A)\tthe Regulator; and\n\t(B)\tif the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and\n\t(C)\tthe person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken, or the identity or whereabouts of a relative or personal representative of the deceased (as the case may be) is unknown, there is no obligation to comply with paragraph (g)(ii)(C) but copies of the certificates must, on application made within 3 years after the completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent.\n18—Processes relating to oral fluid samples\nThe following provisions apply where a sample of oral fluid is taken under this Part or Part 3 Division 9 of the Rail Safety National Law:\n\t(a)\tthe authorised person who takes a sample of oral fluid for the purposes of an oral fluid analysis must—\n\t(i)\tplace the sample of oral fluid (and any other reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and\n\t(ii)\tgive to the person from whom the sample was taken a notice in writing—\n\t(A)\tadvising that the sample has been taken under section 127 of the Rail Safety National Law; and\n\t(B)\tadvising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and\n\t(C)\tcontaining any other information prescribed by the regulations; and\n\t(iii)\tcomplete and sign a certificate containing the information required under paragraph (d);\n\t(b)\teach container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;\n\t(c)\tit is the duty of the authorised person who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;\n\t(d)\tthe certificate referred to in paragraph (a) must state—\n\t(i)\tthe identification number of the sample marked on the containers referred to in that paragraph; and\n\t(ii)\tthe name and address of the person from whom the sample was taken; and\n\t(iii)\tthe identification number of the authorised person by whom the sample was taken; and\n\t(iv)\tthe date, time and place at which the sample was taken; and\n\t(v)\tthat the authorised person gave the notice referred to in that paragraph to the person from whom the sample was taken;\n\t(e)\t1 of the containers containing the sample must—\n\t(i)\tas soon as reasonably practicable be taken by an authorised person or approved courier to the place specified in the notice given to the person under paragraph (a); and\n\t(ii)\tbe kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;\n\t(f)\tafter analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:\n\t(i)\tthe identification number of the sample marked on the container;\n\t(ii)\tthe name and professional qualifications of the analyst;\n\t(iii)\tthe date the sample was received in the laboratory in which the analysis was performed;\n\t(iv)\tthe information required by the regulations in relation to any prescribed drug or other drug found to be present in the sample;\n\t(v)\tany factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;\n\t(vi)\tany other information relating to the sample or analysis that the analyst thinks fit to include;\n\t(g)\ton completion of an analysis of a sample—\n\t(i)\tthe certificate of the medical practitioner or registered nurse by whom the sample was taken and the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the medical practitioner or registered nurse by whom the sample was taken; and\n\t(ii)\tcopies of the certificates referred to in paragraph (g)(i) must be sent to—\n\t(A)\tthe Regulator; and\n\t(B)\tif the sample was taken as a result of testing required by a police officer—the Commissioner of Police; and\n\t(C)\tthe person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;\n\t(h)\tif the whereabouts of the person from whom the sample is taken or, that person being dead, the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii)(C) (but copies of the certificates must, on application made within 3 years after completion of the analysis, be provided to any person to whom they should, but for this paragraph, have been sent).\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Miscellaneous","content":"Division 3—Miscellaneous\n19—Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\nIf a person submits to a preliminary breath test or breath analysis and the preliminary breath test apparatus or the breath analysing instrument produces a reading in terms of a number of grams of alcohol in 210 litres of the person's breath, the reading will, for the purposes of this Act, the Rail Safety National Law and any other Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.\n20—Evidence\n\t(1)\tWithout affecting the admissibility of evidence that might be given otherwise than pursuant to this section, evidence may be given, in any proceedings for an offence, of the concentration of alcohol indicated as being present in the blood of the defendant by a breath analysing instrument operated by an authorised person and, if the requirements and procedures in relation to breath analysing instruments and breath analysis under this Part, Part 3 Division 9 of the Rail Safety National Law or prescribed by regulation, including subsections (4) and (5), have been complied with, it must be presumed, in the absence of proof to the contrary, that the concentration of alcohol so indicated was present in the blood of the defendant at the time of the analysis, and throughout the preceding period of 3 hours.\n\t(2)\tNo evidence can be adduced in rebuttal of the presumption created by subsection (1) except—\n\t(a)\tevidence of the concentration of alcohol in the blood of the defendant as indicated by analysis of a sample of blood taken and dealt with in accordance with this Part, Part 3 Division 9 of the Rail Safety National Law or in accordance with the regulations; and\n\t(b)\tevidence as to whether the results of analysis of the sample of blood demonstrate that the breath analysing instrument gave an exaggerated reading of the concentration of alcohol present in the blood of the defendant.\n\t(3)\tNo evidence can be adduced as to a breath or blood alcohol reading obtained from a coin‑operated breath testing or breath analysing machine installed in a hotel or other licensed premises.\n\t(4)\tAs soon as practicable after a person has submitted to an analysis of breath by means of a breath analysing instrument, the person operating the instrument must deliver to the person whose breath has been analysed a statement in writing specifying—\n\t(a)\tthe reading produced by the breath analysing instrument; and\n\t(b)\tthe date and time of the analysis.\n\t(5)\tIf a person has submitted to an analysis of breath by means of a breath analysing instrument and the concentration of alcohol indicated as being present in the blood of that person by the instrument is the prescribed concentration of alcohol, the person operating the breath analysing instrument must immediately—\n\t(a)\tgive the person the prescribed oral advice and deliver to the person the prescribed written notice as to the operation of this Part and Part 3 Division 9 of the Rail Safety National Law in relation to the results of the breath analysis and as to the procedures prescribed for the taking and analysis of a sample of the person's blood; and\n\t(b)\tat the request of the person made in accordance with the regulations, deliver an approved blood test kit to the person.\n\t(6)\tA certificate—\n\t(a)\tpurporting to be signed by the Regulator and to certify that a person named in the certificate is an authorised person; or\n\t(b)\tpurporting to be signed by the Commissioner of Police and to certify that a person named in the certificate is authorised by the Commissioner of Police to operate breath analysing instruments; or\n\t(c)\tpurporting to be signed by an authorised person and to certify that—\n\t(i)\ta breath analysing instrument used by the person was in proper order and was properly operated; and\n\t(ii)\tthe provisions of this Part, Part 3 Division 9 of the Rail Safety National Law and the regulations with respect to breath analysing instruments and the manner in which an analysis of breath by means of a breath analysing instrument is to be conducted were complied with,\nis admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(7)\tA certificate purporting to be signed by an authorised person and to certify that—\n\t(a)\ta sample of oral fluid for the purposes of an oral fluid analysis was taken on a specified day and at a specified time from a person named in the certificate; and\n\t(b)\tthe provisions of this Act with respect to the taking of samples of oral fluid for such purposes were complied with,\nis, in the absence of proof to the contrary, proof of the matters so certified.\n\t(8)\tA certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to an alcotest on a specified day and at a specified time and that the alcotest indicated that the prescribed concentration of alcohol may then have been present in the blood of that person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(9)\tSubject to subsection (21) a certificate purporting to be signed by an analyst, certifying as to the concentration of alcohol, or any drug, found in a specimen of blood identified in the certificate expressed in grams in 100 millilitres of blood is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(10)\tSubject to subsection (21), a certificate purporting to be signed by an authorised person and to certify that—\n\t(a)\ta person named in the certificate submitted to an analysis of breath by means of a breath analysing instrument on a day and at a time specified in the certificate; and\n\t(b)\tthe breath analysing instrument produced a reading specified in the certificate; and\n\t(c)\ta statement in writing required by subsection (4) was delivered in accordance with that subsection,\nis admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(11)\tA certificate purporting to be signed by an authorised person and to certify—\n\t(a)\tthat on a date and at a time stated in the certificate, a person named in the certificate submitted to a breath analysis; and\n\t(b)\tthat the prescribed oral advice and the prescribed written notice were given and delivered to the person in accordance with subsection (5)(a); and\n\t(c)\tthat—\n\t(i)\tthe person did not make a request for an approved blood test kit in accordance with the regulations; or\n\t(ii)\tat the request of the person, a kit that, from an examination of its markings, appeared to the person signing the certificate to be an approved blood test kit was delivered to the person in accordance with subsection (5)(b),\nis, in the absence of proof to the contrary, proof that the requirements of subsection (5) were complied with in relation to the person.\n\t(12)\tA prosecution for an offence will not fail because of a deficiency of a kit delivered to the defendant in purported compliance with subsection (5)(b) and the presumption under subsection (1) will apply despite such a deficiency unless it is proved—\n\t(a)\tthat the defendant delivered the kit unopened to a medical practitioner or registered nurse for use in taking a sample of the defendant's blood; and\n\t(b)\tby evidence of the medical practitioner or registered nurse, that the medical practitioner or registered nurse was, because of a deficiency of the kit, unable to comply with the prescribed procedures governing the manner in which a sample of a person's blood must be taken and dealt with for the purposes of subsection (2).\n\t(13)\tSubject to subsection (21), an apparently genuine document purporting to be a certificate under this Part, or a copy of such a certificate, and purporting to be signed by an authorised person, medical practitioner, registered nurse or analyst under this Part is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters stated in the certificate.\n\t(14)\tIf a certificate of an analyst relating to a sample of blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received in evidence in proceedings before a court and states that the prescribed concentration of alcohol has been found to be present in the sample of blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the concentration of alcohol stated in the certificate was present in the sample when the sample was taken.\n\t(15)\tIf it is proved by the prosecution in the proceedings for an offence that a concentration of alcohol was present in the defendant's blood at the time at which a sample of blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that that concentration of alcohol was present in the defendant's blood throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(16)\tIf certificates of an authorised person and analyst, or a medical practitioner and analyst, or a registered nurse and analyst, under this Part or Part 3 Division 9 of the Rail Safety National Law are received as evidence in proceedings before a court and contain the same identification number for the samples of oral fluid or blood to which they relate, the certificates will be presumed, in the absence of proof to the contrary, to relate to the same sample of oral fluid or blood.\n\t(17)\tIf a certificate of an analyst relating to a sample of oral fluid or blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law is received as evidence in proceedings before a court and states that a drug has been found to be present in the sample of oral fluid or blood to which the certificate relates, it will be presumed, in the absence of proof to the contrary, that the drug stated in the certificate was present in the sample when the sample was taken.\n\t(18)\tIf it is proved by the prosecution in proceedings for an offence that a drug was present in the defendant's oral fluid or blood at the time at which a sample of oral fluid or blood was taken under this Part or Part 3 Division 9 of the Rail Safety National Law, it will be conclusively presumed that the drug was present in the defendant's oral fluid or blood (as the case may require) throughout the period of 3 hours immediately preceding the taking of the sample.\n\t(19)\tA certificate purporting to be signed by an authorised person and to certify that a person named in the certificate submitted to a drug screening test on a specified day and at a specified time and that the drug screening test indicated that a prescribed drug may then have been present in the oral fluid of the person is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(20)\tA certificate purporting to be signed by an analyst and to certify that an oral fluid analysis was properly conducted is admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matter so certified.\n\t(20a)\tA certificate—\n\t(a)\tpurporting to be signed by the Regulator or Commissioner of Police and to certify that a person named in the certificate is authorised by the Regulator or Commissioner of Police (as the case may be) to conduct drug screening tests; or\n\t(b)\tpurporting to be signed by a police officer or a person authorised by the Regulator or Commissioner of Police to conduct drug screening tests and to certify that the apparatus used to conduct a drug screening test was in proper order and the drug screening test was properly conducted,\nis admissible in proceedings before a court and is, in the absence of proof to the contrary, proof of the matters so certified.\n\t(21)\tA certificate referred to in subsection (9), (10) or (13) cannot be received as evidence in proceedings for an offence—\n\t(a)\tunless a copy of the certificate proposed to be put in evidence at the trial of a person for the offence has, not less than 7 days before the commencement of the trial, been served on that person; or\n\t(b)\tif the person on whom a copy of the certificate has been served has, not less than 2 days before the commencement of the trial, served written notice on the complainant or informant requiring the attendance at the trial of the person by whom the certificate was signed; or\n\t(c)\tif the court, in its discretion, requires the person by whom the certificate was signed to attend at the trial.\n22—Protection of medical practitioners etc from liability\n\t(1)\tNo proceedings lie against a medical practitioner or registered nurse, or a person acting under the supervision or direction of a medical practitioner or registered nurse, in respect of anything done in good faith and in compliance, or purported compliance, with the provisions of this Part or Part 3 Division 9 of the Rail Safety National Law.\n\t(2)\tA medical practitioner or registered nurse must not take a sample of the person's blood under this Part or Part 3 Division 9 of the Rail Safety National Law if, in his or her opinion, it would be injurious to the medical condition of the person to do so.\n\t(3)\tA medical practitioner or registered nurse is not obliged to take a sample of a person's blood under this Part or Part 3 Division 9 of the Rail Safety National Law if the person objects to the taking of the sample of blood and persists in that objection after the medical practitioner or registered nurse (as the case requires) has informed the person, that unless the objection is made on genuine medical grounds, it may constitute an offence against this Part or the Rail Safety National Law.\n23—Regulations—drug and alcohol testing procedures\n\t(1)\tThe Governor may make any regulations that are contemplated by this Part or Part 3 Division 9 of the Rail Safety National Law, or are necessary or expedient for the purposes of this Part or Part 3 Division 9 of the Rail Safety National Law.\n\t(2)\tWithout limiting subsection (1), the Governor may make regulations making provision for or in relation to any other matter associated with—\n\t(a)\tthe testing of persons for the presence of alcohol or a drug, the analysis of test results, the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; or\n\t(b)\tthe destruction of a sample of oral fluid or blood taken under this Part or Part 3 Division 9 of the Rail Safety National Law (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test).\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional provisions","content":"Part 5—Transitional provisions\n24—Interpretation\nIn this Part—\nRail Safety National Law or Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule;\nrelevant day means the day on which the Rail Safety Act 2007 is repealed;\nrepealed Act means the Rail Safety Act 2007.\nDivision 3—Transitional provisions\n26—Accreditation\n\t(1)\tAn application for accreditation, or variation of accreditation, made but not determined under the repealed Act immediately before the relevant day, will be taken to be an application for accreditation, or variation of accreditation, under the Rail Safety National Law and will, accordingly, be determined in accordance with the Law.\n\t(2)\tA rail transport operator that, immediately before the relevant day, holds an accreditation under the repealed Act in respect of railway operations carried out by or on behalf of the operator will be taken, on the relevant day, to hold an accreditation in respect of those railway operations under the Rail Safety National Law subject to such conditions and restrictions as applied to the accreditation under the repealed Act.\n\t(3)\tIf, immediately before the relevant day, the accreditation, or part of the accreditation, of a rail transport operator has been suspended under the repealed Act, the accreditation under the Rail Safety National Law that the operator will be taken to have by virtue of subsection (2) will be subject to the same suspension as applied to the accreditation under the repealed Act.\n27—Registration\n\t(1)\tA rail infrastructure manager of a private siding that, immediately before the relevant day, is registered under the repealed Act will be taken, on the relevant day, to be registered under the Rail Safety National Law in respect of the private siding.\n\t(2)\tA registration under subsection (1) will be subject to such conditions as applied to the registration under the repealed Act, subject to any variations, or new conditions, as the Regulator may, by notice in writing to the relevant rail infrastructure manager, determine.\n\t(3)\tNotification under subsection (2)—\n\t(a)\tmust be in writing and given to the rail infrastructure manager; and\n\t(b)\tif a condition or restriction has been imposed on the registration, must include—\n\t(ii)\tinformation about the right of review under Part 7 of the Law.\n28—Notifiable occurrences\n\t(1)\tA report of a notifiable occurrence made under Part 4 Division 6 of the repealed Act immediately before the relevant day will have effect as if it were a report of a notifiable occurrence made under Part 3 Division 8 of the Rail Safety National Law.\n\t(2)\tA notifiable occurrence that is being investigated under Part 4 Division 6 of the repealed Act immediately before the relevant day will continue as if it were an investigation under Part 3 Division 8 of the Rail Safety National Law.\n29—Notices\n\t(1)\tAn improvement notice in force under Part 5 Division 7 of the repealed Act immediately before the relevant day will continue to have force and effect as if it were an improvement notice under Part 5 Division 1 of the Rail Safety National Law.\n\t(2)\tA prohibition notice in force under Part 5 Division 8 of the repealed Act immediately before the relevant day will continue to have force and effect as if it were a prohibition notice under Part 5 Division 2 of the Rail Safety National Law.\n30—Reviews and appeals\n\t(1)\tIf an application for accreditation, or variation of accreditation, has been refused under the repealed Act and the period within which the applicant could have applied for a review of the decision had that Act not been repealed has not, immediately before the relevant day, expired, the applicant may, before the expiry of that period, apply for a review of the decision under the Rail Safety National Law as if the decision had been made under the Law.\n\t(2)\tA person who is to be granted accreditation as the result of a review of, or appeal against, a decision made under the repealed Act who has not, immediately before the relevant day, been accredited, will be granted accreditation under the Rail Safety National Law subject to such conditions and restrictions as would have applied to the accreditation under the repealed Act.\n31—Provision of information and assistance by Rail Safety Regulator\n\t(1)\tDespite any other Act or law, the Rail Safety Regulator under the repealed Act is authorised, on his or her own initiative or at the request of ONRSR—\n\t(a)\tto provide ONRSR with such information (including information given in confidence) in the possession or control of the Rail Safety Regulator that is reasonably required by ONRSR for the purposes of this Act or the Rail Safety National Law; and\n\t(b)\tto provide ONRSR with such other assistance as is reasonably required by ONRSR to exercise a function or power under this Act or the Rail Safety National Law.\n\t(2)\tDespite any other Act or law, the Rail Safety Regulator under the repealed Act may authorise ONRSR to disclose information provided under subsection (1) even if the information was given to the Rail Safety Regulator in confidence.\n\t(3)\tNothing done, or authorised to be done, by the Rail Safety Regulator in acting under subsection (1) or (2)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates 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\t(f)\treleases a surety or any other obligee wholly or in part from an obligation.\n32—Regulations—saving and transitional provisions\n\t(1)\tThe Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.\n\t(2)\tRegulations made under this section may—\n\t(a)\thave a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and\n\t(b)\tbe of limited or general application; and\n\t(c)\tleave any matter or thing to be decided by a specified person or class of person.\n\t(3)\tRegulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument.\nSchedule—Rail Safety National Law\n\n1—Short title\nThis Law may be cited as the Rail Safety National Law.\n2—Commencement\nThis Law commences in a participating jurisdiction as provided by the application Act of the jurisdiction.\n3—Purpose, objects and guiding principles of Law\n\t(1)\tThe main purpose of this Law is to provide for safe railway operations in Australia.\n\t(2)\tThe objects of this Law are—\n\t(a)\tto establish the Office of the National Rail Safety Regulator (the ONRSR); and\n\t(b)\tto make provision for the appointment, functions and powers of the National Rail Safety Regulator (the Regulator); and\n\t(c)\tto make provision for a national system of rail safety, including by providing a scheme for national accreditation of rail transport operators in respect of railway operations; and\n\t(d)\tto provide for the effective management of safety risks associated with railway operations; and\n\t(e)\tto provide for the safe carrying out of railway operations; and\n\t(f)\tto provide for continuous improvement of the safe carrying out of railway operations; and\n\t(g)\tto make special provision for the control of particular risks arising from railway operations; and\n\t(h)\tto promote public confidence in the safety of transport of persons or freight by rail; and\n\t(i)\tto promote the provision of advice, information, education and training for safe railway operations; and\n\t(j)\tto promote the effective involvement of relevant stakeholders, through consultation and cooperation, in the provision of safe railway operations.\n\t(3)\tThe guiding principles under this Law are—\n\t(a)\tto assist rail transport operators to achieve productivity by the provision of a national scheme for rail safety; and\n\t(b)\tto operate the national scheme in a timely, transparent, accountable, efficient, effective, consistent and fair way; and\n\t(c)\tthat fees required to be paid for the provision of the national scheme are to be reasonable having regard to the efficient and effective operation of the scheme.\n\t(4)\tThe Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.\n4—Interpretation\n\t(1)\tIn this Law, unless the contrary intention appears—\naccredited person means a rail transport operator who is accredited under this Law, but does not include a person whose accreditation under this Law—\n\t(a)\thas been surrendered or cancelled or has otherwise ceased to have effect under this Law; or\n\t(b)\tis suspended under this Law;\nActing Regulator means an Acting National Rail Safety Regulator appointed under Part 2 Division 2;\namusement structure means a structure or device operated for hire or reward, or provided on hire or lease—\n\t(a)\tthat is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and\n\t(b)\tthat is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect;\napplication Act means the Act of a jurisdiction that applies the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as a law of the jurisdiction;\napproved code of practice means a code of practice approved under section 249;\nassociated railway track structures includes—\n\t(a)\tassociated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and\n\t(b)\tover‑track structures and under‑track structures (including tunnels under tracks);\nAustralian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board;\nAustralian rail safety law means this Law or a corresponding previous enactment in a participating jurisdiction corresponding, or substantially corresponding, to this Law;\nauthorised person means—\n\t(a)\ta police officer; or\n\t(b)\ta person appointed under section 124;\nCategory 1 offence—see section 58;\nCategory 2 offence—see section 59;\nCategory 3 offence—see section 60;\ncommercial benefits order means an order under section 230;\ndesignated provision of this Law—see section 204;\ndrug means—\n\t(a)\ta substance declared by the national regulations to be a drug for the purposes of this Law; and\n\t(b)\ta substance declared under section 6 to be a drug for the purposes of this Law; and\n\t(c)\tany other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;\nemployee means a person employed under a contract of employment or contract of training;\nemployer means a person who employs 1 or more other persons under contracts of employment or contracts of training;\nexercise, for a function, includes perform;\nfootpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians;\nFund means the National Rail Safety Regulator Fund established under Part 2 Division 4;\nimprovement notice means a notice under Part 5 Division 1;\ninfringement penalty provision has the meaning given by section 233;\ninterface agreement means an agreement made under Part 3 Division 6 Subdivision 2 about managing risks to safety identified and assessed in accordance with that Subdivision;\njurisdiction means a State or Territory;\nlevel crossing includes each of the following areas:\n\t(a)\tan area where a road and a railway (other than a tramway) meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;\n\t(b)\tan area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area;\n\t(c)\ta pedestrian crossing—\n\t(i)\tbeing an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or\n\t(ii)\tbeing an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area;\nmember, of ONRSR, means the Regulator, an Acting Regulator or a non‑executive member appointed under Part 2 Division 2;\nnational regulations means the regulations made under section 264;\nnon‑disturbance notice means a notice under Part 5 Division 3;\nnotifiable occurrence means an accident or incident associated with railway operations—\n\t(a)\tthat has, or could have, caused—\n\t(i)\tsignificant property damage; or\n\t(ii)\tserious injury; or\n\t(iii)\tdeath; or\n\t(b)\tthat is, or is of a class that is, prescribed by the national regulations to be a notifiable occurrence or class of notifiable occurrence,\nbut does not include an accident or incident, or class of accident or incident, that is prescribed by the national regulations not to be a notifiable occurrence;\noccupational health and safety legislation means legislation relating to occupational health and safety prescribed by the national regulations for the purposes of this definition;\nOffice of the National Rail Safety Regulator or ONRSR means the Office of the National Rail Safety Regulator established under Part 2 Division 1;\nofficer—\n\t(a)\tin relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;\n\t(b)\tin relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person;\nparticipating jurisdiction means a jurisdiction in which—\n\t(a)\tthis Law applies as a law of the jurisdiction; or\n\t(b)\ta law that substantially corresponds to the provisions of this Law has been enacted; or\n\t(c)\ta law prescribed by the national regulations for the purposes of this definition has been enacted;\nprescribed drug—see section 128;\nprivate siding means a siding that is owned, controlled or managed by a person, other than a person who manages the rail infrastructure with which the siding connects or to which it has access, but does not include—\n\t(a)\ta marshalling yard; or\n\t(b)\ta crossing loop; or\n\t(c)\ta passenger terminal; or\n\t(e)\ta siding under the control and management of an accredited rail infrastructure manager; or\n\t(f)\ta siding, or a siding of a class, prescribed by the national regulations not to be a private siding;\nprohibition notice means a notice under Part 5 Division 2;\npublic place means—\n\t(a)\ta place that—\n\t(i)\tthe public is entitled to use; or\n\t(ii)\tis open to members of the public; or\n\t(iii)\tis used by the public,\nwhether or not on payment of money; or\n\t(b)\ta place that the occupier allows members of the public to enter, whether or not on payment of money;\npublic road means any road other than a private road;\npublic sector auditor means—\n\t(a)\tthe Auditor‑General (however described) of a participating jurisdiction; or\n\t(b)\tan auditor employed, appointed or otherwise engaged, by an Auditor‑General of a participating jurisdiction;\nrail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes—\n\t(a)\trailway tracks and associated railway track structures; and\n\t(b)\tservice roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and\n\t(c)\tnotices and signs; and\n\t(d)\telectrical power supply and electric traction systems; and\n\t(e)\tassociated buildings, workshops, depots and yards; and\n\t(f)\tplant, machinery and equipment,\nbut does not include—\n\t(g)\trolling stock; or\n\t(h)\tany facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;\nrail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective control and management of the rail infrastructure, whether or not the person—\n\t(a)\towns the rail infrastructure; or\n\t(b)\thas a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it;\nrail or road crossing includes each of the following:\n\t(a)\ta level crossing;\n\t(b)\tan area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area;\n\t(c)\tan area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area;\n\t(d)\ta bridge carrying a road over a railway;\n\t(e)\ta bridge carrying a railway over a road;\n\t(f)\ta lane of a road on which rolling stock moves alongside road vehicles on the road;\nrail safety officer means a person holding an appointment as a rail safety officer under Part 4 Division 2;\nrail safety undertaking—see Part 10 Division 6;\nrail safety work—see section 8;\nrail safety worker means an individual who has carried out, is carrying out, or is about to carry out, rail safety work;\nrail transport operator means—\n\t(a)\ta rail infrastructure manager; or\n\t(b)\ta rolling stock operator; or\n\t(c)\ta person who is both a rail infrastructure manager and a rolling stock operator;\nrail workplace means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work;\nrailway means a guided system, or proposed guided system, designed for the movement of rolling stock having the capability of transporting passengers or freight (or both) on a railway track with a gauge of 600 millimetres or more, together with its rail infrastructure and rolling stock, and includes the following:\n\t(a)\ta heavy railway;\n\t(b)\ta light railway;\n\t(c)\ta monorail;\n\t(d)\tan inclined railway;\n\t(e)\ta tramway;\n\t(f)\ta railway within a marshalling yard or a passenger or freight terminal;\n\t(g)\ta private siding;\n\t(h)\ta guided system, or guided system of a class, prescribed by the national regulations to be a railway;\nSee section 7 for railways to which this Law does not apply.\nrailway operations means any of the following:\n\t(a)\tthe construction of a railway, railway tracks and associated railway track structures;\n\t(b)\tthe construction of rolling stock;\n\t(c)\tthe management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;\n\t(d)\tthe commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;\n\t(e)\tthe operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);\n\t(f)\tthe movement, or causing the movement, of rolling stock for the purposes of operating a railway service;\n\t(g)\tthe scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;\nrailway premises means—\n\t(a)\tland (including any premises on land) on or in which is situated rail infrastructure; or\n\t(b)\tland (including any premises on land) on or in which is situated any over‑track or under‑track structure or part of an over‑track or under‑track structure; or\n\t(c)\tfreight centres or depots used in connection with the carrying out of railway operations; or\n\t(d)\tworkshops or maintenance depots used in connection with the carrying out of railway operations; or\n\t(e)\tpremises (including an office, building or housing) used in connection with the carrying out of railway operations; or\n\t(f)\trolling stock or other vehicles associated with railway operations; or\n\t(g)\tany other rail workplace;\nreasonably practicable—see section 47;\nRegister means the National Rail Safety Register established under section 42;\nregistered person means a rail infrastructure manager who is registered under this Law, but does not include a person whose registration under this Law—\n\t(a)\thas been surrendered or cancelled or has otherwise ceased to have effect under this Law; or\n\t(b)\tis suspended under this Law;\nRegulator means the National Rail Safety Regulator or an Acting National Rail Safety Regulator appointed under Part 2 Division 2;\nresponsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by that jurisdiction as its responsible Minister for the purposes of this Law;\nroad infrastructure includes—\n\t(a)\ta road, including its surface or pavement; and\n\t(b)\tanything under or supporting a road or its surface or pavement; and\n\t(c)\tany bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and\n\t(d)\tany bridge or other work or structure located above, in or on a road; and\n\t(e)\tany traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and\n\t(f)\tanything prescribed by the national regulations to be road infrastructure,\nbut does not include rail infrastructure or anything that is prescribed by the national regulations not to be road infrastructure;\nroad manager—\n\t(a)\tin relation to a private road—means the owner, or other person responsible for the care, control and management, of the road; or\n\t(b)\tin relation to a public road—means an authority, person or body responsible for the care, control or management of the road;\nrolling stock means a vehicle that operates on or uses a railway, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, self propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle, but does not include a vehicle designed to operate both on and off a railway when the vehicle is not operating on a railway;\nrolling stock operator means a person who has effective control and management of the operation or movement of rolling stock on rail infrastructure for a railway, but does not include a person by reason only that the person drives the rolling stock or controls the network or the network signals;\nrunning line means a railway track used primarily for the through movement of trains;\nsafety means the safety of people, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public;\nsafety duty—see section 57;\nsafety management system—see Part 3 Division 6;\nsiding means a portion of railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line;\nSouth Australian Minister means the responsible Minister for South Australia;\nsubstance means substance in any form (whether gaseous, liquid, solid or other), and includes material, preparation, extract and admixture;\nsupervisory intervention order—see section 231;\nsupply includes—\n\t(a)\tin relation to goods—supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent; or\n\t(b)\tin relation to services—provide, grant or confer, whether as principal or agent;\nTerritory means the Australian Capital Territory or the Northern Territory;\nthis Law means—\n\t(a)\tthis Law as it applies as a law of a participating jurisdiction; or\n\t(b)\ta law of a participating jurisdiction that—\n\t(i)\tsubstantially corresponds to the provisions of this Law; or\n\t(ii)\tis prescribed by the national regulations for the purposes of paragraph (c) of the definition of participating jurisdiction;\ntrain means—\n\t(a)\t2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self propelled unit; or\n\t(b)\ta unit of rolling stock that is a locomotive or other self propelled unit;\ntrain safety recording—see section 130;\nunion means—\n\t(a)\tan employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or\n\t(b)\tan association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law.\n\t(2)\tIn this Law—\n\t(a)\ta reference to this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and\n\t(b)\ta reference to the responsible Ministers is a reference to a group of Ministers consisting of—\n\t(i)\tthe responsible Minister for each participating jurisdiction; and\n\t(ii)\ta Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the Commonwealth Minister).\n\t(3)\tThe Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation.\n5—Interpretation generally\n","sortOrder":6},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"to this Law applies in relation to this Law.","content":"Schedule 2 to this Law applies in relation to this Law.\n6—Declaration of substance to be drug\n\t(1)\tThe responsible Ministers may declare a substance to be a drug for the purposes of this Law.\n\t(2)\tA declaration under subsection (1)—\n\t(a)\tis to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and\n\t(b)\twill commence on the day specified in the declaration for its commencement (being not earlier than the date it is published); and\n\t(c)\tis to be published by ONRSR on its website.\n7—Railways to which this Law does not apply\n\t(1)\tThis Law does not apply to or in relation to—\n\t(a)\ta railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or\n\t(b)\ta slipway; or\n\t(c)\ta railway used only to guide a crane; or\n\t(d)\tan aerial cable operated system; or\n\t(e)\ta railway used only by a horse‑drawn tram; or\n\t(f)\ta railway used only for a static display; or\n\t(g)\tany other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply.\n\t(2)\tThis Law does not apply to or in relation to the following railways:\n\t(a)\ta railway that—\n\t(i)\tis privately owned and operated as a hobby; and\n\t(ii)\tis operated only on private property; and\n\t(iii)\tdoes not operate on or cross a public road; and\n\t(iv)\tis not operated for hire or reward, or provided on hire or lease; and\n\t(v)\tto which members of the public do not have access (whether by invitation or otherwise);\n\t(b)\ta railway that—\n\t(i)\tis used only for the purposes of an amusement structure; and\n\t(ii)\tis operated only within an amusement park; and\n\t(iii)\tdoes not operate on or cross a public road; and\n\t(iv)\tis not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law.\n\t(3)\tDespite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies.\n8—Meaning of rail safety work\n\t(1)\tSubject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Law:\n\t(a)\tdriving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock;\n\t(b)\tsignalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock;\n\t(c)\tcoupling or uncoupling rolling stock;\n\t(d)\tconstructing, maintaining, repairing, modifying, monitoring, inspecting or testing—\n\t(i)\trolling stock, including checking that the rolling stock is working properly before being used; or\n\t(ii)\trail infrastructure, including checking that the rail infrastructure is working properly before being used;\n\t(e)\tinstallation of components in relation to rolling stock;\n\t(f)\twork on or about rail infrastructure or associated works or equipment that places, or may place, the person performing the work at risk of exposure to moving rolling stock;\n\t(g)\tinstallation or maintenance of—\n\t(i)\ta telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or\n\t(ii)\tthe means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system;\n\t(h)\twork involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;\n\t(i)\twork involving the decommissioning of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;\n\t(j)\twork involving the development, management or monitoring of safe working systems for railways;\n\t(k)\twork involving the management or monitoring of passenger safety on, in or at any railway;\n\t(l)\tany other work that is prescribed by the national regulations to be rail safety work.\n\t(2)\tFor the purposes of this Law, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work.\n9—Single national entity\n\t(1)\tIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is 1 single national entity, with functions conferred by this Law as so applied.\n\t(2)\tAn entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n\t(3)\tAn entity established by this Law may exercise its functions in relation to—\n\t(a)\t1 participating jurisdiction; or\n\t(b)\t2 or more or all participating jurisdictions collectively.\n\t(4)\tIn this section, a reference to this Law as applied by an Act of a jurisdiction includes—\n\t(a)\ta reference to a law that substantially corresponds to this Law enacted in a jurisdiction; and\n\t(b)\ta law prescribed by the national regulations for the purposes of the definition of a participating jurisdiction.\n10—Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n11—Crown to be bound\n\t(1)\tThis Law binds the Crown, in right of this jurisdiction and, insofar as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.\n\t(2)\tNo criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.\nPart 2—Office of the National Rail Safety Regulator\nDivision 1—Establishment, functions, objectives, etc\n12—Establishment\n\t(1)\tThe Office of the National Rail Safety Regulator (ONRSR) is established.\n\t(2)\tONRSR—\n\t(a)\tis a body corporate with perpetual succession; and\n\t(b)\thas a common seal; and\n\t(c)\tmay sue and be sued in its corporate name.\n\t(3)\tONRSR represents the Crown.\n13—Functions and objectives\n\t(1)\tIn addition to any other function conferred on ONRSR by this Law or an Act, ONRSR has the following functions:\n\t(a)\tto administer, audit and review the accreditation regime under this Law;\n\t(b)\tto work with rail transport operators, rail safety workers, and others involved in railway operations, to improve rail safety nationally;\n\t(c)\tto conduct research, collect and publish information relating to rail safety;\n\t(d)\tto provide, or facilitate the provision of, advice, education and training in relation to rail safety;\n\t(e)\tto monitor, investigate and enforce compliance with this Law;\n\t(f)\tto engage in, promote and coordinate the sharing of information to achieve the objects of this Law, including the sharing of information with a prescribed authority;\n\t(g)\tat the request of the Commonwealth or a jurisdiction—to carry out any other function as agreed between ONRSR and the jurisdiction.\n\t(2)\tIn exercising its functions, ONRSR must—\n\t(a)\tfacilitate the safe operations of rail transport in Australia; and\n\t(b)\texhibit independence, rigour and excellence in carrying out its regulatory functions; and\n\t(c)\tpromote safety and safety improvement as a fundamental objective in the delivery of rail transport in Australia.\nprescribed authority means—\n\t(a)\tthe Australian Transport Safety Bureau established under the Transport Safety Investigation Act 2003 of the Commonwealth; and\n\t(ab)\tRail Industry Safety and Standards Board (RISSB) Limited; and\n\t(b)\tany other relevant authority established under a law of a participating jurisdiction.\n14—Independence of ONRSR\nExcept as provided under this Law or an Act, ONRSR is not subject to Ministerial direction in the exercise of its functions or powers.\n15—Powers\n\t(1)\tONRSR has all the powers of an individual and, in particular, may—\n\t(a)\tenter into contracts; and\n\t(b)\tacquire, hold, dispose of, and deal with, real and personal property; and\n\t(c)\tdo anything necessary or convenient to be done in the exercise of its functions.\n\t(2)\tWithout limiting subsection (1), ONRSR may enter into an agreement (a service agreement) with a State or Territory that makes provision for—\n\t(a)\tthe State or Territory to provide services to ONRSR that assist ONRSR in exercising its functions; or\n\t(b)\tONRSR to provide services to the State or Territory.\nDivision 2—Office of the National Rail Safety Regulator\n","sortOrder":7},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Constitution of ONRSR","content":"Subdivision 1—Constitution of ONRSR\n16—Constitution of ONRSR\n\t(1)\tONRSR consists of—\n\t(a)\ta person appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers as the National Rail Safety Regulator (the Regulator); and\n\t(b)\t2 non‑executive members (full‑time or part‑time) as are appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.\n\t(2)\tThe exercise of a function or power of ONRSR is not affected by a vacancy in the membership of ONRSR.\n","sortOrder":8},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"National Rail Safety Regulator","content":"Subdivision 2—National Rail Safety Regulator\n17—Appointment of Regulator\n\t(1)\tA person may be appointed as the National Rail Safety Regulator who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR's functions.\n\t(2)\tThe Regulator will be appointed for a term not exceeding 5 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.\n\t(3)\tThe Regulator is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time.\n\t(4)\tIn setting the remuneration and allowances for the Regulator, regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time.\n\t(5)\tAt the expiration of a term of appointment, the Regulator will be eligible for reappointment.\n\t(6)\tThe conditions of appointment of the Regulator must not, without the consent of the Regulator, be varied while the Regulator is in office so as to become less favourable to the Regulator.\n\t(7)\tThe Regulator must not engage, without the written consent of the South Australian Minister acting on the unanimous recommendation of the responsible Ministers, in any other remunerated employment.\n18—Acting National Rail Safety Regulator\n\t(1)\tThe South Australian Minister may appoint an Acting National Rail Safety Regulator (who may, or may not, be a non‑executive member or a member of the staff of ONRSR) to act in the office of the Regulator and a person so appointed has, while so acting, all the functions and powers of the Regulator.\n\t(2)\tAn Acting Regulator may act in the office of the Regulator—\n\t(a)\tduring a vacancy in the office of the Regulator (whether or not an appointment has previously been made to the office); or\n\t(b)\tduring any period, or during all periods, when the Regulator—\n\t(i)\tis absent from duty or from Australia; or\n\t(ii)\tis, for any reason, unable to exercise the duties of the office; or\n\t(c)\tif the Regulator is disqualified from acting in relation to a particular matter—in relation to that matter.\n\t(3)\tAnything done by or in relation to a person purporting to act under an appointment is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthere is a defect or irregularity in connection with the appointment; or\n\t(c)\tthe appointment had ceased to have effect; or\n\t(d)\tthe occasion to act had not arisen or had ceased.\n19—Functions of Regulator\n\t(1)\tThe functions of the Regulator include—\n\t(a)\tbeing the chief executive of ONRSR; and\n\t(b)\texercising the functions of ONRSR conferred on the Regulator under this Law or an Act; and\n\t(c)\totherwise acting on behalf of ONRSR in appropriate cases.\n\t(2)\tAn act of the Regulator will be taken to be an act of ONRSR.\n\t(3)\tExcept as provided under this Law or an Act of a participating jurisdiction, the Regulator is not subject to direction in the exercise of his or her functions or powers.\n\t(4)\tThe Regulator must act consistently with the policies determined by ONRSR.\n20—Power of Regulator to obtain information\n\t(1)\tThis section applies if the Regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Law or that will assist to monitor or enforce compliance with this Law.\n\t(2)\tThe Regulator may, by written notice served on the person, require the person to do 1 or more of the following:\n\t(a)\tto give the Regulator in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge;\n\t(b)\tto produce to the Regulator, in accordance with the notice, those documents;\n\t(c)\tto appear before a person appointed by the Regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.\n\t(3)\tThe notice must—\n\t(a)\tstate that the requirement is made under this section; and\n\t(b)\tcontain a statement to the effect that a failure to comply with a requirement is an offence; and\n\t(c)\tif the notice requires the person to provide information or documents or answer questions—\n\t(i)\tcontain a statement about the effect of sections 155 and 245; and\n\t(ii)\tstate that the person may attend with a legal practitioner.\n\t(5)\tA person must not, without reasonable excuse, fail to comply with a requirement under this section.\n\t(6)\tSubsection (5) places an evidential burden on the accused to show a reasonable excuse.\n\t(7)\tSection 155 (with any necessary changes) applies to a requirement under this section.\n","sortOrder":9},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Non‑executive members","content":"Subdivision 3—Non‑executive members\n21—Appointment of non‑executive members\n\t(1)\tA person may be appointed as a non‑executive member of ONRSR who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR's functions.\n\t(2)\tA non‑executive member will be appointed for a term not exceeding 4 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers.\n\t(3)\tA non‑executive member is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time.\n\t(4)\tIn setting the remuneration and allowances for a non‑executive member regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time.\n\t(5)\tAt the expiration of a term of appointment, a non‑executive member will be eligible for reappointment.\n\t(6)\tThe conditions of appointment of a non‑executive member must not, without the consent of the member, be varied while the member is in office so as to become less favourable to the member.\n","sortOrder":10},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Miscellaneous provisions relating to membership","content":"Subdivision 4—Miscellaneous provisions relating to membership\n22—Vacancy in or removal from office\n\t(1)\tThe office of a member of ONRSR becomes vacant if the member—\n\t(a)\tcompletes a term of office; or\n\t(b)\tresigns by written notice given to the responsible Ministers; or\n\t(c)\thas been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or\n\t(d)\tbecomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or\n\t(e)\tis absent, without leave first being granted by the relevant entity from 3 or more consecutive meetings of ONRSR of which reasonable notice has been given to the member personally or by post; or\n\t(f)\tis removed from office by the South Australian Minister under this section; or\n\t(g)\tdies.\n\t(2)\tThe South Australian Minister may remove a member of ONRSR from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member's functions as a member of ONRSR.\nrelevant entity means—\n\t(a)\tfor the Regulator—the responsible Ministers; or\n\t(b)\tfor a non‑executive member—the Regulator.\n23—Member to give responsible Ministers notice of certain events\nA member of ONRSR must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event:\n\t(a)\tthe member is convicted of an offence;\n\t(b)\tthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit.\n24—Extension of term of office during vacancy in membership\n\t(1)\tIf the office of a member of ONRSR becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by reappointment of the member or appointment of a successor to the member.\n\t(2)\tHowever, this section ceases to apply to the member if—\n\t(a)\tthe member resigns the member's office by signed notice given to the responsible Ministers; or\n\t(b)\tthe responsible Ministers decide the services of the member are no longer required.\n\t(3)\tThe maximum period for which a member of ONRSR is taken to continue to be a member under this section after completion of the member's term of office is 6 months.\n25—Members to act in public interest\nA member of ONRSR is to act impartially and in the public interest in the exercise of the member's functions as a member.\n26—Disclosure of conflict of interest\n\t(1)\tIf a member of ONRSR has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member, the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the member's interest and the conflict to—\n\t(a)\tfor the Regulator—the responsible Ministers; or\n\t(b)\tfor a non‑executive member—the Regulator.\n\t(2)\tIf a disclosure is made under subsection (1), the entity to whom the disclosure is made must notify ONRSR of the disclosure.\n\t(3)\tParticulars of any disclosure made under subsection (1) must be recorded by ONRSR in a register of interests kept for the purpose.\n\t(4)\tAfter a member of ONRSR has disclosed the nature of an interest and conflict or potential conflict under subsection (1), the member must not be present during any deliberation of ONRSR with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of ONRSR with respect to any matter that is, or may be, affected by the conflict, unless—\n\t(a)\tfor the Regulator, the responsible Ministers otherwise decide; or\n\t(b)\tfor a non‑executive member, ONRSR otherwise decides.\n\t(5)\tFor the purposes of the making of a decision by ONRSR under subsection (4) in relation to a matter, a member of ONRSR who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member with respect to the matter must not—\n\t(a)\tbe present during any deliberation of ONRSR for the purpose of making the decision; or\n\t(b)\ttake part in the making of the decision by ONRSR.\n\t(6)\tA contravention of this section does not invalidate any decision of ONRSR but if ONRSR becomes aware a member of ONRSR contravened this section, ONRSR must reconsider any decision made by ONRSR in which the member took part in contravention of this section.\nDivision 3—Procedures\n27—Times and places of meetings\n\t(1)\tThe Regulator must hold such meetings as he or she considers necessary for the efficient exercise of ONRSR's functions.\n\t(2)\tMeetings are to be held at such times and places as the Regulator decides.\n28—Conduct of meetings\n\t(1)\tThe Regulator is to preside at all meetings of ONRSR at which he or she is present.\n\t(2)\tIf the Regulator is not present at a meeting, a person appointed to act as the Regulator must be present and preside.\n\t(3)\tA quorum of ONRSR consists of 2 members.\n\t(4)\tA decision supported by a majority of the votes cast at a meeting of ONRSR at which a quorum is present is the decision of ONRSR.\n\t(5)\tThe person presiding at a meeting of ONRSR has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n\t(6)\tSubject to this Division, ONRSR may regulate its own procedures.\n\t(7)\tONRSR must ensure that minutes of its meetings are kept.\n29—Defects in appointment of members\nA decision of ONRSR is not invalidated by any defect or irregularity in the appointment of a member.\n30—Decisions without meetings\n\t(1)\tA decision is taken to have been made at a meeting of ONRSR if—\n\t(a)\twithout meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined under this section; and\n\t(b)\tall members were informed, or reasonable efforts were made to inform all members, of the proposed decision.\n\t(2)\tSubsection (1) applies only if ONRSR—\n\t(a)\thas determined that it applies; and\n\t(b)\thas determined the method by which members are to indicate agreement with proposed decisions.\n\t(3)\tONRSR must keep a record of decisions made under this section.\n31—Common seal and execution of documents\n\t(1)\tThe common seal of ONRSR must not be affixed to a document except in pursuance of a decision of ONRSR, and the affixing of the seal must be attested by the signature of the Regulator or Acting Regulator.\n\t(2)\tONRSR may, by instrument under ONRSR's common seal, authorise an employee of ONRSR (whether nominated by name or by office or title) or any other person to execute documents on behalf of ONRSR subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of ONRSR.\n\t(4)\tA document is duly executed by ONRSR if—\n\t(a)\tthe common seal of ONRSR is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of ONRSR by a person or persons in accordance with an authority conferred under this section.\n\t(5)\tWhere an apparently genuine document purports to bear the common seal of ONRSR, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of ONRSR has been duly affixed to that document.\n","sortOrder":11},{"sectionNumber":"Div 4","sectionType":"division","heading":"Finance","content":"Division 4—Finance\n32—Establishment of Fund\n\t(1)\tThe National Rail Safety Regulator Fund is established.\n\t(2)\tThe Fund is to be administered by ONRSR.\n\t(3)\tONRSR may establish accounts with any financial institution for money in the Fund.\n\t(4)\tThe Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n33—Payments into Fund\nThere is payable into the Fund—\n\t(a)\tall money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n\t(b)\tall fees, charges, costs and expenses paid to or recovered by ONRSR under this Law; and\n\t(ba)\tall infringement penalties paid to or recovered by ONRSR; and\n\t(bb)\tall portions of fines paid to ONRSR by order of a court under section 260A; and\n\t(c)\tthe proceeds of the investment of money in the Fund; and\n\t(d)\tall grants, gifts and donations made to ONRSR, but subject to any trusts declared in relation to the grants, gifts or donations; and\n\t(e)\tall money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n\t(f)\tany other money or property received by ONRSR in connection with the exercise of its functions; and\n\t(g)\tany money paid to ONRSR for the provision of services to a State or Territory under an agreement mentioned in section 15(2)(b).\n34—Payments out of Fund\nPayments may be made from the Fund for the purpose of—\n\t(a)\tpaying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including (for example) payments made to a State or Territory for the provision of services under an agreement mentioned in section 15(2)(a); and\n\t(b)\tpaying any money directed or authorised to be paid out of the Fund under this Law; and\n\t(c)\tany other payments recommended by ONRSR and approved by the responsible Ministers.\n35—Investment of money in Fund\n\t(1)\tONRSR must invest its funds in a way that is secure and provides a low risk so that ONRSR's exposure to the loss of funds is minimised.\n\t(2)\tONRSR must keep records that show it has invested in a way that complies with subsection (1).\n36—Financial management duties of ONRSR\nONRSR must—\n\t(a)\tensure its operations are carried out efficiently, effectively and economically; and\n\t(b)\tkeep proper books and records in relation to the Fund and other money received by ONRSR; and\n\t(c)\tensure expenditure is made from the Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and\n\t(d)\tensure its procedures, including internal control procedures, afford adequate safeguards with respect to—\n\t(i)\tthe correctness, regularity and propriety of payments made from the Fund; and\n\t(ii)\treceiving and accounting for payments made to the Fund; and\n\t(iii)\tprevention of fraud or mistake; and\n\t(e)\ttake any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n\t(f)\ttake any action necessary to facilitate the audit of those financial statements under this Law; and\n\t(g)\tarrange for any further audit by a qualified person of the books and records kept by ONRSR in relation to the Fund, if directed to do so by the responsible Ministers.\n","sortOrder":12},{"sectionNumber":"Div 5","sectionType":"division","heading":"Staff","content":"Division 5—Staff\n37—Chief executive\n\t(1)\tThe Regulator is the chief executive of ONRSR responsible for—\n\t(a)\tthe day to day management of ONRSR; and\n\t(b)\tcarrying out any other function conferred on the chief executive under this Law, an Act or by ONRSR.\n\t(2)\tThe chief executive must act consistently with the policies determined by ONRSR.\n38—Staff\n\t(1)\tONRSR may, for the purpose of exercising its functions, employ staff.\n\t(2)\tThe staff of ONRSR are to be employed on the terms and conditions decided by ONRSR from time to time.\n\t(3)\tSubsection (2) is subject to any relevant industrial award or agreement that applies to the staff.\n39—Secondments to ONRSR\nONRSR may make arrangements for the services of a person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth to be made available to ONRSR in connection with the exercise of its functions.\n40—Consultants and contractors\n\t(1)\tONRSR may engage persons with suitable qualifications and experience as consultants or contractors.\n\t(2)\tThe terms and conditions of engagement of consultants or contractors are as decided by ONRSR from time to time.\n","sortOrder":13},{"sectionNumber":"Div 6","sectionType":"division","heading":"Miscellaneous","content":"Division 6—Miscellaneous\n41—Regulator may be directed to investigate rail safety matter\n\t(1)\tThe responsible Minister for a participating jurisdiction may give a written direction to the Regulator to investigate, or provide advice or information about, a rail safety matter relating to the participating jurisdiction.\n\t(2)\tA direction may not be given under this section—\n\t(a)\tthat directs the Regulator as to how to conduct an investigation into a rail safety matter; or\n\t(b)\tthat directs the Regulator as to which persons the Regulator may request or direct to provide assistance in investigating a rail safety matter; or\n\t(c)\tabout the outcome of any such investigation; or\n\t(d)\tthat directs the Regulator to stop any such investigation.\n\t(3)\tThe Regulator must cause a direction given under this section to be published in ONRSR's next annual report.\n42—National Rail Safety Register\n\t(1)\tThe Regulator must establish and maintain the National Rail Safety Register for the purposes of this Law.\n\t(2)\tThe Regulator must ensure that the following matters are recorded in the Register:\n\t(a)\tthe accreditation of a rail transport operator under Part 3 Division 4;\n\t(b)\tthe variation, cancellation, suspension or expiry of the accreditation of a rail transport operator under Part 3 Division 4;\n\t(ba)\tthe rail transport operators determined by the Regulator to be tourist and heritage railway operators for the purposes of section 76(1a)(a) (Annual fees) and section 95(1a)(b) (Annual fees) of the Law;\n\t(c)\tthe registration of a rail infrastructure manager of a private siding under Part 3 Division 5;\n\t(d)\tthe variation, cancellation, suspension or expiry of the registration of a rail infrastructure manager of a private siding under Part 3 Division 5;\n\t(e)\tan exemption from this Law or specified provisions of this Law granted under Part 6 and details of the exemption;\n\t(f)\ta decision to accept a rail safety undertaking and the reasons for that decision under Part 10 Division 6;\n\t(g)\ta decision to withdraw or vary a rail safety undertaking under Part 10 Division 6;\n\t(h)\tthe issuing of an improvement notice to a person;\n\t(i)\tthe variation, cancellation or expiry of an improvement notice;\n\t(j)\tthe issuing of a prohibition notice to a person;\n\t(k)\tthe variation, cancellation or expiry of a prohibition notice;\n\t(l)\tthe issuing of a non‑disturbance notice to a person;\n\t(m)\tthe variation, cancellation or expiry of a non‑disturbance notice;\n\t(n)\tany other matter that is prescribed in the national regulations to be included in the Register.\n\t(3)\tThe Register will be kept in the form of a computer record and published on ONRSR's website.\n\t(4)\tThe Register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Regulator.\n43—Annual report\n\t(1)\tThe Regulator must, on or before 30 September in each year, deliver to the responsible Ministers a report on ONRSR's activities for the financial year ending on the preceding 30 June.\n\t(2)\tThe annual report must include—\n\t(a)\tinformation on the development of rail safety (including an aggregation of statistics of a prescribed class reported to ONRSR under this Law for the relevant financial year); and\n\t(b)\tinformation on any improvements and important changes in relation to the regulation of rail safety for the relevant financial year; and\n\t(c)\tdetails of all rail safety issues brought to the attention of ONRSR during the relevant financial year and the action (if any) taken in relation to each such issue; and\n\t(d)\tif, at the start of the relevant financial year, there are still outstanding any rail safety issues that previously had been brought to the attention of ONRSR—details of the action (if any) taken in respect of each such issue; and\n\t(e)\tdetails about any significant activity undertaken in each participating jurisdiction during the relevant financial year by, or on behalf of, ONRSR; and\n\t(f)\tthe financial statement in respect of the relevant financial year; and\n\t(g)\tthe report on the financial statement made by the auditor who conducted the audit; and\n\t(h)\tany other information required to be included in the report by another provision under this Law or by the responsible Ministers.\n\t(3)\tThe national regulations may make provision in relation to the preparation and auditing of financial statements.\n\t(4)\tThe responsible Ministers must make arrangements for the tabling of ONRSR's annual report in the Parliament of each participating jurisdiction.\n\t(5)\tThe responsible Ministers may extend, or further extend, the period for submission of an annual report to the responsible Ministers by a total period of up to 3 months.\n\t(6)\tAs soon as practicable after the annual report has been tabled in at least 1 House of the Parliament of a participating jurisdiction, the Regulator must publish a copy of the report on ONRSR's website.\n44—Other reporting requirements\nThe national regulations may require ONRSR to deliver to a prescribed body or person, at prescribed intervals, a report containing prescribed matters.\n45—Delegation\n\t(1)\tONRSR may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of ONRSR under this Law or an Act.\n\t(2)\tThe Regulator may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Regulator under this Law or an Act.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nPart 3—Regulation of rail safety\n46—Management of risks\nA duty imposed on a person under this Law to ensure, so far as is reasonably practicable, safety requires the person—\n\t(a)\tto eliminate risks to safety so far as is reasonably practicable; and\n\t(b)\tif it is not reasonably practicable to eliminate risks to safety, to minimise those risks so far as is reasonably practicable.\n47—Meaning of reasonably practicable\nIn this Part—\nreasonably practicable, in relation to a duty to ensure safety, means that which is (or was at a particular time) reasonably able to be done in relation to ensuring safety, taking into account and weighing up all relevant matters, including—\n\t(a)\tthe likelihood of the hazard or the risk concerned occurring; and\n\t(b)\tthe degree of harm that might result from the hazard or the risk; and\n\t(c)\twhat the person concerned knows, or ought reasonably to know, about—\n\t(i)\tthe hazard or the risk; and\n\t(ii)\tways of eliminating or minimising the risk; and\n\t(d)\tthe availability and suitability of ways to eliminate or minimise the risk; and\n\t(e)\tafter assessing the extent of the risk and the available ways of eliminating or minimising the risk—the cost associated with available ways of eliminating or minimising the risk (including whether the cost is grossly disproportionate to the risk).\nDivision 2—Occupational health and safety and railway operations\n48—Relationship between this Law and OHS legislation\n\t(1)\tIf a provision of the occupational health and safety legislation applies to railway operations, that provision continues to apply, and must be observed, in addition to this Law.\n\t(2)\tIf a provision of this Law is inconsistent with a provision of the occupational health and safety legislation, the provision of the occupational health and safety legislation prevails to the extent of any inconsistency.\nFor example, if a provision of this Law deals with a certain matter and a provision of the occupational health and safety legislation deals with the same matter and it is impossible to comply with both provisions, a person must comply with the occupational health and safety legislation and not with this Law. If provisions of both this Law and the occupational health and safety legislation deal with the same matter but it is possible to comply with both provisions, a person must comply with both.\n\t(3)\tCompliance with this Law or with any requirement imposed under this Law is not in itself a defence in any proceedings for an offence against the occupational health and safety legislation.\n\t(4)\tEvidence of a relevant contravention of this Law is admissible in any proceedings for an offence against the occupational health and safety legislation.\n49—No double jeopardy\nWhere an act or omission constitutes an offence—\n\t(a)\tunder this Law; and\n\t(b)\tunder the occupational health and safety legislation,\nthe offender is not liable to be punished twice in respect of the offence.\nDivision 3—Rail safety duties\nSubdivision 1—Principles\n50—Principles of shared responsibility, accountability, integrated risk management, etc\n\t(1)\tRail safety is the shared responsibility of—\n\t(a)\trail transport operators; and\n\t(b)\trail safety workers; and\n\t(c)\tother persons who—\n\t(i)\tdesign, commission, construct, manufacture, supply, install, erect, maintain, repair, modify or decommission rail infrastructure or rolling stock; or\n\t(ii)\tsupply rail infrastructure operations or rolling stock operations to rail operators; or\n\t(iii)\tin relation to the transport of freight by railway—load or unload freight on or from rolling stock; and\n\t(d)\tthe Regulator; and\n\t(e)\tONRSR; and\n\t(f)\tthe public.\n\t(2)\tThe level and nature of responsibility that a person referred to in subsection (1), or falling within a class of person referred to in that subsection, has for rail safety is dependent on the nature of the risk to rail safety that the person creates from the carrying out of an activity (or the making of a decision) and the capacity that person has to control, eliminate or mitigate those risks.\n\t(3)\tThe persons and classes of persons referred to in subsection (1) should—\n\t(a)\tparticipate in or be able to participate in; and\n\t(b)\tbe consulted on; and\n\t(c)\tbe involved in the formulation and implementation of, \nmeasures to manage risks to safety associated with railway operations.\n\t(4)\tManaging risks associated with the carrying out of rail infrastructure operations or rolling stock operations is the responsibility of the person best able to control those risks.\n\t(5)\tIf approaches to managing risks associated with any particular railway have potential impacts on any other railway or a railway network of which the railway is a part, the best practicable rail safety outcome should be sought.\n51—Principles applying to rail safety duties\n\t(1)\tA duty under this Law cannot be transferred to another person.\n\t(2)\tA person can have more than 1 duty under this Law by virtue of being in more than 1 class of duty holder.\n\t(3)\tMore than 1 person can concurrently have the same duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.\n\t(4)\tIf more than 1 person has a duty for the same matter, each person—\n\t(a)\tretains responsibility for the person's duty in relation to the matter; and\n\t(b)\tmust discharge the person's duty to the extent to which the person has the capacity to influence and control the matter (or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity).\nSubdivision 2—Duties\n52—Duties of rail transport operators\n\t(1)\tA rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator's railway operations.\n\t(2)\tWithout limiting subsection (1), a rail transport operator must ensure, so far as is reasonably practicable—\n\t(a)\tthat safe systems for the carrying out of the operator's railway operations are developed and implemented; and\n\t(b)\tthat each rail safety worker who is to perform rail safety work in relation to the operator's railway operations—\n\t(i)\tis of sufficient good health and fitness to carry out that work safely; and\n\t(ii)\tis competent to undertake that work; and\n\t(c)\tthat rail safety workers do not carry out rail safety work in relation to the operator's railway operations, and are not on duty, while impaired by alcohol or a drug; and\n\t(d)\tthat rail safety workers who perform rail safety work in relation to the operator's railway operations do not carry out rail safety work while impaired by fatigue or if they may become so impaired; and\n\t(e)\tthe provision of adequate facilities for the safety of persons at any railway premises under the control or management of the operator; and\n\t(f)\tthe provision of—\n\t(i)\tsuch information and instruction to, and training and supervision of, rail safety workers as is necessary to enable those workers to perform rail safety work in relation to the operator's railway operations in a way that is safe; and\n\t(ii)\tsuch information to rail transport operators and other persons on railway premises under the control or management of the operator as is necessary to enable those persons to ensure their safety.\n\t(3)\tWithout limiting subsection (1), a rail infrastructure manager must ensure, so far as is reasonably practicable—\n\t(a)\tthe provision or maintenance of rail infrastructure that is safe; and\n\t(b)\tthat any design, construction, commissioning, use, installation, modification, maintenance, repair or decommissioning of the manager's rail infrastructure is done or carried out in a way that ensures the safety of railway operations; and\n\t(c)\tthat systems and procedures for the scheduling, control and monitoring of railway operations are established and maintained so as to ensure the safety of the manager's railway operations; and\n\t(d)\tthat communications systems and procedures are established and maintained so as to ensure the safety of the manager's railway operations.\n\t(4)\tWithout limiting subsection (1), a rolling stock operator must ensure, so far as is reasonably practicable—\n\t(a)\tthe provision or maintenance of rolling stock that is safe; and\n\t(b)\tthat any design, construction, commissioning, use, modification, maintenance, repair or decommissioning of the operator's rolling stock is done or carried out in a way that ensures safety; and\n\t(c)\tcompliance with the rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager's rail infrastructure by the rolling stock operator; and\n\t(d)\tthat equipment, procedures and systems are established and maintained so as to minimise risks to the safety of the operator's railway operations; and\n\t(e)\tthat arrangements are made for ensuring safety in connection with the use, operation and maintenance of the operator's rolling stock; and\n\t(f)\tthat communications systems and procedures are established and maintained so as to ensure the safety of the operator's railway operations.\n\t(5)\tThis section applies to a person (other than a rail transport operator) who carries out railway operations in the same way as it applies to a rail transport operator, but does not apply if the person carries out those operations as a rail safety worker or an employee.\n53—Duties of designers, manufacturers, suppliers etc\n\t(1)\tA person—\n\t(a)\twho designs, commissions, manufactures, supplies, installs or erects any thing; and\n\t(b)\twho knows, or ought reasonably to know, that the thing is to be used as or in connection with rail infrastructure or rolling stock,\nmust—\n\t(c)\tensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected; and\n\t(d)\tensure, so far as is reasonably practicable, that such testing and examination of the thing as may be necessary for compliance with this section is carried out; and\n\t(e)\ttake such action as is necessary to ensure, so far as is reasonably practicable, that there will be available in connection with the use of the thing adequate information about—\n\t(i)\tthe use for which the thing was designed, commissioned, manufactured, supplied, installed or erected; and\n\t(ii)\tthe results of any testing or examination referred to in paragraph (d); and\n\t(iii)\tany conditions necessary to ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, manufactured, supplied, installed or erected.\n\t(2)\tFor the purposes of subsection (1), if the person who supplies the thing—\n\t(a)\tcarries on the business of financing the acquisition of the thing by customers; and\n\t(b)\thas, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and\n\t(c)\thas not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer,\nthe reference in that subsection to the person who supplies that thing is instead taken to be a reference to the third person.\n\t(3)\tA person who decommissions any rail infrastructure or rolling stock must ensure, so far as is reasonably practicable—\n\t(a)\tthat the decommissioning is carried out safely; and\n\t(b)\tsuch testing and examination as may be necessary for compliance with this section is carried out.\n54—Duties of persons loading or unloading freight\nA person who loads or unloads freight on or from rolling stock in relation to the transport of the freight by railway must ensure, so far as is reasonably practicable, that the loading or unloading is carried out safely and so as to ensure the safe operation of the rolling stock.\n55—Duty of officers to exercise due diligence\n\t(1)\tIf a person has a duty or obligation under this Law, an officer of the person must exercise due diligence to ensure that the person complies with that duty or obligation.\n\t(2)\tAn officer of a person referred to in subsection (1) may be convicted or found guilty of an offence under this Law relating to a duty under this section whether or not the person has been convicted or found guilty of an offence under this Law relating to the duty or obligation.\ndue diligence includes taking reasonable steps—\n\t(a)\tto acquire and keep up-to-date knowledge of rail safety matters; and\n\t(b)\tto gain an understanding of the nature of the railway operations of the person and, generally, of the risks associated with those operations; and\n\t(c)\tto ensure that the person has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety from the railway operations of the person; and\n\t(d)\tto ensure that the person has appropriate processes for receiving and considering information regarding incidents and risks and responding in a timely way to that information; and\n\t(e)\tto ensure that the person has, and implements, processes for complying with any duty or obligation of the person under this Law; and\n\t(f)\tto verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).\n56—Duties of rail safety workers\n\t(1)\tA rail safety worker must, when carrying out rail safety work—\n\t(a)\ttake reasonable care for his or her own safety; and\n\t(b)\ttake reasonable care that his or her acts or omissions do not adversely affect the safety of other persons; and\n\t(c)\tcomply, so far as the worker is reasonably able, with any reasonable instruction given by the rail transport operator to allow the operator to comply with this Law.\n\t(2)\tA rail safety worker must not, when carrying out rail safety work, intentionally or recklessly interfere with or misuse anything provided to the worker by the rail transport operator—\n\t(a)\tin the interests of safety; or\n\t(b)\tunder this Law.\n\t(3)\tA rail safety worker must not, when carrying out rail safety work, wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.\n\t(4)\tFor the purposes of subsection (1)(a) or (b), in determining whether a rail safety worker failed to take reasonable care, regard must be had as to what the worker knew about the relevant circumstances.\nSubdivision 3—Offences and penalties\n57—Meaning of safety duty\nIn this Subdivision—\nsafety duty means a duty imposed under Subdivision 2.\n58—Failure to comply with safety duty—reckless conduct—Category 1\n\t(1)\tA person commits a Category 1 offence if—\n\t(b)\tthe person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and\n\t(c)\tthe person is reckless as to the risk to an individual of death or serious injury or illness.\n\t(a)\tin the case of an individual—$300 000 or imprisonment for 5 years, or both;\n\t(b)\tin the case of a body corporate—$3 000 000.\n\t(2)\tThe prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.\n59—Failure to comply with safety duty—Category 2\nA person commits a Category 2 offence if—\n\t(b)\tthe person fails to comply with that duty; and\n\t(c)\tthe failure exposes an individual to a risk of death or serious injury or illness.\n\t(b)\tin the case of a body corporate—$1 500 000.\n60—Failure to comply with safety duty—Category 3\nA person commits a Category 3 offence if—\n\t(b)\tthe person fails to comply with that duty.\nDivision 4—Accreditation\nSubdivision 1—Purpose and requirement for accreditation\n61—Purpose of accreditation\nThe purpose of accreditation of a rail transport operator in respect of railway operations is to attest that the rail transport operator has demonstrated to the Regulator the competence and capacity to manage risks to safety associated with those railway operations.\n62—Accreditation required for railway operations\n\t(1)\tA person must not carry out any railway operations unless the person—\n\t(a)\tis a rail transport operator who—\n\t(i)\tis accredited under this Part in respect of those operations; or\n\t(ii)\tis exempt under this Law from compliance with this section in respect of those operations; or\n\t(b)\tis carrying out those operations for or on behalf of—\n\t(i)\ta rail transport operator who is accredited under this Part in respect of those operations; or\n\t(ii)\ta rail transport operator who is exempt under this Law from compliance with this section in respect of those operations; or\n\t(c)\tis exempt under this Law from compliance with this section in respect of those operations.\nIf a body corporate and related bodies corporate are involved, an exemption may be given so that only 1 of the bodies need be accredited (related body corporate meaning related by virtue of section 50 of the Corporations Act 2001 of the Commonwealth).\n\t(2)\tSubsection (1) does not apply to a rail safety worker, not being a rail transport operator, carrying out rail safety work for or on behalf of a rail transport operator who—\n\t(a)\tis accredited under this Part; or\n\t(b)\tis exempt under this Law from compliance with this section,\nin relation to that rail safety work.\n63—Purposes for which accreditation may be granted\n\t(1)\tAccreditation may be granted to a rail transport operator for any 1 or more of the following purposes:\n\t(a)\tfor the carrying out of railway operations for the part or parts of a railway specified in the accreditation, or for a part or parts having the scope or characteristics so specified;\n\t(b)\tfor any service or aspect, or part of a service or aspect, of railway operations specified in the accreditation;\n\t(c)\tfor specified railway operations to permit any 1 or more of the following:\n\t(i)\tconstruction of rail infrastructure;\n\t(ii)\trestoration or repair work;\n\t(iii)\ttesting of railway tracks or other infrastructure;\n\t(iv)\tother activities relating to railway operations considered appropriate by the Regulator and specified in the accreditation.\n\t(2)\tAccreditation may be granted for railway operations carried out, or proposed to be carried out, in 1 or more jurisdictions by a rail transport operator.\n\t(3)\tIf the applicant so requests, accreditation may be granted for a specified period only.\nSubdivision 2—Procedures for granting accreditation\n64—Application for accreditation\n\t(1)\tA rail transport operator may apply to the Regulator for accreditation in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of that operator.\n\t(a)\tmust specify the scope and nature of the railway operations in respect of which accreditation is sought; and\n\t(b)\tmust include a description of the safety management system (including a description of the measures to be taken to manage identified risks) relating to those railway operations; and\n\t(c)\tmust contain the prescribed information; and\n\t(d)\tmust be accompanied by the application fee prescribed by the national regulations.\n\t(3)\tThe Regulator may require a rail transport operator who has applied for accreditation—\n\t(4)\tIf the Regulator, on receiving an application for accreditation, is of the opinion that the scope and nature of the railway operations in respect of which accreditation is sought is such that the scale and complexity of the regulatory oversight that will be required by the Regulator in respect of the operations will be significant, the Regulator—\n\t(a)\tmust notify the rail transport operator in writing—\n\t(i)\tthat, in addition to the application fee referred to in subsection (2)(d), the Regulator is considering charging the operator the application (complex operations) fee prescribed by the national regulations; and\n\t(ii)\tthat the operator may, within 7 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the application (complex operations) fee should not be charged; and\n\t(5)\tIf the Regulator proceeds with a decision to charge a rail transport operator the application (complex operations) fee, the Regulator must notify the operator of that fact and include in the notice—\n\t(a)\tthe reasons why the Regulator is charging the fee; and\n\t(b)\tthe date on or before which the fee is to be paid; and\n65—What applicant must demonstrate\nThe Regulator must not grant accreditation to an applicant unless satisfied that the applicant has demonstrated—\n\t(a)\tthat the applicant is, or is to be, a rail infrastructure manager or rolling stock operator in respect of the railway operations for which accreditation is sought; and\n\t(b)\tthat the applicant has the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought; and\n\t(c)\tthat the applicant—\n\t(i)\thas the competence and capacity to implement the proposed safety management system; and\n\t(ii)\thas the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and\n\t(iii)\thas met the consultation requirements set out in Division 6 in relation to the applicant's safety management system; and\n\t(iv)\thas complied with the requirements prescribed by the national regulations (if any) for the purposes of this section.\n66—Regulator may direct applicants to coordinate applications\n\t(1)\tIf the Regulator—\n\t(a)\treceives applications from 2 or more rail transport operators for accreditation; and\n\t(b)\tbelieves that coordinated preparation of the applications is necessary to ensure railway operations of the applicants are carried out safely,\nthe Regulator may give a direction in writing to each of the applicants to coordinate their applications (a coordination direction).\n\t(2)\tA coordination direction—\n\t(a)\tmay be given to rail transport operators carrying out, or proposing to carry out, railway operations in different jurisdictions; and\n\t(b)\tmay require each rail transport operator subject to the direction to provide to each other rail transport operator subject to the direction information concerning any circumstances in relation to the carrying out of railway operations by the first mentioned operator that could constitute a risk to safety in relation to the carrying out of railway operations by another operator subject to the direction.\n\t(3)\tA rail transport operator to whom a coordination direction has been given under this section must comply with the direction.\n\t(4)\tA rail transport operator who has coordinated the preparation of an application with other rail transport operators in accordance with a coordination direction under this section must include in the application reference to—\n\t(a)\tinformation given by the operator to each other operator subject to the direction; and\n\t(b)\tinformation given to the operator by each other operator subject to the direction.\n67—Determination of application\n\t(a)\tif the Regulator is satisfied as to the matters referred to in section 65 and (if applicable) section 66—notify the applicant that accreditation has been granted, with or without conditions or restrictions; or\n\t(2)\tAccreditation under this Law is subject to—\n\t(a)\tany conditions or restrictions prescribed by the national regulations for the purposes of this section that are applicable to the accreditation; and\n\t(b)\tany other condition or restriction imposed on the accreditation by the Regulator.\n\t(3)\tBefore imposing a condition or restriction on the accreditation of an applicant, the Regulator must, if the imposition of the intended condition or restriction is likely to result in significant costs or expenses to the applicant or any other person—\n\t(a)\tconduct or cause to be conducted a cost‑benefit analysis of the effect of imposing the intended condition or restriction on the accreditation; and\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the imposition of the intended condition or restriction on the accreditation.\n\t(4)\tNotification under this section—\n\t(b)\tif accreditation has been granted, must specify—\n\t(ii)\tthe scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the accreditation is granted; and\n\t(iii)\tany condition or restriction imposed by the Regulator under this section on the grant of accreditation; and\n\t(c)\tif a condition or restriction has been imposed on the accreditation, must include—\n\t(i)\tthe reasons for imposing the condition or restriction, including (if applicable) the results of any cost‑benefit analysis carried out under this section; and\n\t(e)\tif the relevant period in relation to the application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\nSubdivision 3—Variation of accreditation\n68—Application for variation of accreditation\n\t(1)\tAn accredited person may, at any time, apply to the Regulator for variation of the accreditation.\n\t(2)\tAn accredited person must apply to the Regulator for variation of the accreditation if—\n\t(a)\tthe applicant proposes to vary the scope and nature of the railway operations in respect of which the applicant is accredited; or\n\t(b)\tthe applicant no longer has the competence or capacity to manage risks to safety associated with the railway operations in respect of which the applicant is accredited; or\n\t(c)\tany other variation is proposed in respect of the railway operations in respect of which the applicant is accredited that should be reflected in the accreditation.\n\t(b)\tmust contain the prescribed information.\n\t(4)\tThe Regulator may require an accredited person who has applied for a variation—\n\t(5)\tSection 66 applies to an application for variation as if a reference in that section to accreditation were a reference to variation of accreditation.\n69—Determination of application for variation\n\t(a)\tif the Regulator is satisfied as to the matters referred to in sections 65 and 66 (so far as they are applicable to the proposed variation)—notify the applicant that the accreditation has been varied, with or without conditions or restrictions; or\n\t(b)\tif the accreditation has been varied, must specify—\n\t(ii)\tthe variation to the accreditation so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and\n\t(iii)\tany conditions and restrictions imposed by the Regulator on the accreditation as varied; and\n\t(c)\tif a condition or restriction has been imposed on the accreditation as varied, must include—\n\t(d)\tif the application to vary an accreditation has been refused, must include—\n\t(e)\tif the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\n70—Prescribed conditions and restrictions\nThe accreditation of a person that is varied under this Part is subject to any conditions or restrictions prescribed by the national regulations that are applicable to the accreditation as varied.\n71—Variation of conditions and restrictions\n\t(1)\tAn accredited person may, at any time, apply to the Regulator for a variation of a condition or restriction imposed by the Regulator to which the accreditation is subject.\n\t(2)\tAn application for variation of a condition or restriction must be made as if it were an application for variation of accreditation (and section 68 applies accordingly).\n\t(3)\tThe Regulator must consider the application and, if satisfied as to the matters referred to in sections 65 and 66 (so far as they are applicable to the proposed variation), notify the accredited person in accordance with the provisions of this Division applicable to a grant of accreditation (so far as is practicable) that the variation has been granted or refused.\n\t(4)\tNotification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7.\n72—Regulator may make changes to conditions or restrictions\n\t(1)\tThe Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator to which the accreditation of an accredited person is subject or impose a new condition or restriction.\n\t(a)\tgive the accredited person written notice of the action that the Regulator proposes to take; and\n\t(b)\tallow the accredited person to make written representations about the intended action within 28 days (or any other period that the Regulator and the accredited person agree on); and\n\t(c)\tconsider any representations made under paragraph (b) and not withdrawn; and\n\t(d)\tif the intended action is likely to result in significant costs or expenses to the accredited person or any other person—\n\t(i)\tconduct or cause to be conducted a cost‑benefit analysis of the effect of the intended action; and\n\t(ii)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the intended action.\n\t(3)\tSubsection (2)(d) does not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the accredited person or any other person, the Regulator must, as soon as practicable after taking the action—\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.\n\t(4)\tThe Regulator must, by written notice given to the accredited person, provide—\n\t(a)\tdetails of any action taken under this section; and\n\t(b)\ta statement of reasons for any action taken under this section, including (if applicable) the results of any cost‑benefit analysis carried out; and\nSubdivision 4—Cancellation, suspension or surrender of accreditation\n73—Cancellation or suspension of accreditation\n\t(1)\tThis section applies in respect of an accredited person if—\n\t(a)\tthe Regulator considers that the accredited person—\n\t(i)\tis no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 65 or to satisfy the conditions, or to comply with the restrictions, of the accreditation; or\n\t(ii)\tis not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the accreditation relates and has not done so for at least the preceding 12 months; or\n\t(b)\tthe accredited person contravenes this Law.\n\t(a)\tsuspend the accreditation, or part of the accreditation, of the accredited person for a period determined by the Regulator; or\n\t(b)\tcancel the accreditation of the accredited person, wholly or in part, or in respect of particular railway operations specified in the notice, with immediate effect or with effect from a specified future date; or\n\t(c)\timpose conditions or restrictions on the accreditation; or\n\t(d)\tvary conditions or restrictions to which the accreditation is subject,\nand, if the Regulator cancels the accreditation, the Regulator may declare that the accredited person is disqualified from applying for accreditation, or for accreditation in respect of specified railway operations, during a specified period.\n\t(i)\tthat the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and\n\t(ii)\tthat the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and\n\t(4)\tIf the Regulator suspends or cancels the accreditation of the accredited person, wholly or in part, or in respect of specified railway operations, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7.\n\t(5)\tThe Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.\n74—Immediate suspension of accreditation\n\t(1)\tIf the Regulator considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the Regulator may, without complying with section 73(3) or (4), by written notice given to the accredited person, immediately suspend the accreditation of the person—\n\t(a)\twholly or in part, or in respect of particular railway operations specified in the notice; and\n\t(b)\tfor a specified period, not exceeding 6 weeks.\n\t(2)\tThe Regulator may, by written notice given to a person whose accreditation is suspended, wholly or in part, or in respect of particular railway operations—\n\t(a)\treduce the period of suspension specified in a notice under subsection (1); or\n\t(b)\textend the period of suspension specified in a notice under subsection (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that subsection.\n\t(3)\tThe Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.\n\t(4)\tBefore making a decision under subsection (2)(b) to extend a period of suspension, the Regulator—\n\t(i)\tthat the Regulator is considering extending the period of suspension for the reasons specified in the notice; and\n\t(ii)\tthat the person may, within 7 days or such longer period as is specified in the notification, make written representations to the Regulator showing cause why the suspension should not be extended; and\n\t(5)\tIf the Regulator extends the suspension of the person, the Regulator must notify the person in writing that the suspension is being extended and include in the notice the reasons for the extension and information about the right of review under Part 7.\n75—Surrender of accreditation\n\t(1)\tAccreditation may only be surrendered in accordance with this section.\n\t(2)\tIf an accredited person intends to surrender accreditation, the accredited person must—\n\t(a)\tgive the Regulator written notice of the intention to surrender the accreditation; and\n\t(b)\tprovide the Regulator with details as to the arrangements proposed in relation to the cessation of the person's railway operations.\n\t(3)\tIf the Regulator is satisfied as to the arrangements proposed in relation to the cessation of the accredited person's railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the person, inform the person that the person's accreditation may be surrendered in accordance with the proposed arrangements on the date specified in the notice.\n\t(4)\tIf the Regulator is not satisfied as to the arrangements proposed in relation to the cessation of the accredited person's railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the person, inform the person—\n\t(c)\tthat the person's accreditation may not be surrendered until the Regulator is satisfied as to the proposed arrangements.\n76—Annual fees\n\t(1)\tAn accredited person must pay the annual fee prescribed by the national regulations.\n\t(1a)\tSubsection (1) does not apply to or in respect of—\n\t(a)\tan accredited person determined by the Regulator to be a tourist and heritage railway operator, as recorded in the Register; or\n\t(b)\tan accredited person, or an accredited person of a class, prescribed by the national regulations.\n\t(2)\tThe annual fee must be paid by an accredited person at the time accreditation is granted and thereafter on an annual basis on or before the prescribed date.\n\t(3)\tHowever, the Regulator may accept payment of an annual fee in accordance with an agreement (that provides, for example, for the payment of fees by instalments) made with the person who is liable to pay the fee.\n\t(3a)\tThe Regulator may, by written notice given to an accredited person, suspend the accreditation of the person for failure to pay the annual fee on or before the prescribed date, or in accordance with an agreement under subsection (3), until the fee is paid.\n\t(3b)\tBefore making a decision under subsection (3a), the Regulator must notify the person in writing that the Regulator is considering suspending the person's accreditation for non‑payment of the annual fee or for an instalment of the fee (as the case may be) if the person does not, within the period specified in the notice—\n\t(a)\twhere the person has been paying the whole of the annual fee in 1 instalment—\n\t(i)\tpay the fee; or\n\t(ii)\tnegotiate an agreement with the Regulator in relation to payment of the fee and make a payment accordingly; or\n\t(b)\twhere the person has been paying the annual fee in accordance with an agreement under subsection (3)—\n\t(i)\tmake a payment in accordance with the agreement; or\n\t(ii)\tre‑negotiate the agreement relating to payment of the annual fee with the Regulator and make a payment accordingly.\n\t(3c)\tThe Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.\n\t(4)\tThe national regulations may—\n\t(a)\tfix different fees for different kinds of accreditations; and\n\t(b)\tfix various methods for the calculation of various fees; and\n\t(c)\tfix fees which may be differential, varying according to any factor determined by the Regulator; and\n\t(d)\timpose additional fees for the late payment of fees under this section; and\n\t(e)\tmake provision for the decision of the Regulator to charge a particular fee according to a factor determined by the Regulator to be a reviewable decision under Part 7.\n76A—Increase in fee amounts\n\t(1)\tWithout limiting section 76(4), the national regulations may provide that the amount of any fee payable under this Division may be increased from the amount that applied in relation to the period immediately prior to the period in respect of which the fee is payable in accordance with a method prescribed by the national regulations for the purposes of this section.\n\t(a)\tmay operate to increase a fee whose amount has already been increased by a previous application or applications of that method; and\n\t(b)\tmay operate such that it results in no increase occurring in relation to a particular period in respect of which the fee is payable.\n\t(3)\tAs soon as practicable, but before 1 July of each year, the Regulator must publish the amounts of each fee that apply following the application of the prescribed method as from that date—\n77—Waiver of fees\n78—Penalty for breach of condition or restriction\nAn accredited person must not contravene a condition or restriction of accreditation applying under this Part.\n79—Accreditation cannot be transferred or assigned\n\t(1)\tAn accreditation—\n\t(a)\tis personal to the person who holds it; and\n\t(b)\tis not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; and\n\t(c)\tdoes not vest by operation of law in any other person.\n\t(2)\tA purported transfer or assignment of an accreditation or any other purported dealing with an accreditation by the person who holds it is of no effect.\n\t(3)\tThis section has effect despite anything in this Law, an Act or a rule of law to the contrary.\n80—Sale or transfer of railway operations by accredited person\n\t(1)\tIf an accredited person proposes to sell or otherwise transfer any railway operations for which the person is accredited, the Regulator may, on an application for accreditation being made by the proposed transferee, waive compliance by the proposed transferee with any 1 or more of the requirements of this Part.\n\t(2)\tHowever, the Regulator must not waive compliance with any such requirements unless the proposed transferee demonstrates, to the satisfaction of the Regulator, that the proposed transferee has the competence and capacity to comply with the relevant requirements of this Part that apply to applicants for accreditation of the appropriate kind.\n\t(3)\tA waiver of compliance with requirements may be given subject to such conditions and restrictions (if any) as appear to the Regulator to be necessary.\n81—Keeping and making available records for public inspection\n\t(1)\tA person must ensure that—\n\t(a)\tif the person is an accredited person or has an exemption under this Law—the current notice of accreditation or exemption; and\n\t(b)\tany other document prescribed by the national regulations for the purposes of this section,\nare available for inspection—\n\t(c)\tif the person is a body corporate—at the person's registered office during ordinary business hours;\n\t(d)\tif the person is not a body corporate—at the person's principal place of business during ordinary business hours (or, if the Regulator approves another place and time, at that place and time).\n\t(2)\tA person who is required under subsection (1) to make available documents for inspection must maintain a register of those documents for inspection.\nDivision 5—Registration of rail infrastructure managers of private sidings\nSubdivision 1—Exemptions relating to certain private sidings\n82—Exemption from accreditation in respect of certain private sidings\n\t(1)\tA rail infrastructure manager of a private siding is not required to be accredited under this Part in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.\n\t(2)\tSubject to section 83(2), a rail infrastructure manager of a private siding is not required to comply with Division 6, Division 7 or Division 8 of this Part in relation to the private siding in respect of railway operations (other than those involving the operation of rolling stock) carried out in the private siding.\n83—Requirement for managers of certain private sidings to be registered\n\t(1)\tA rail infrastructure manager of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited person or another private siding, must be registered in respect of the private siding in accordance with this Division.\n\t(2)\tA rail infrastructure manager of a private siding that is to be (or continue to be) connected with, or to have access to, a railway of an accredited person or another private siding must—\n\t(a)\tcomply with the requirements of Division 6 Subdivision 2 of this Part insofar as they are relevant to the railway operations carried out in the private siding; and\n\t(b)\tseek to enter into an interface agreement with the accredited person or rail infrastructure manager of the other private siding (as the case may be).\nSubdivision 2—Procedures for granting registration\n84—Application for registration\n\t(1)\tA rail infrastructure manager of a private siding to which section 83 applies may apply to the Regulator for registration in respect of the private siding.\n\t(a)\tmust contain—\n\t(i)\tdetails about the scale and complexity of the private siding; and\n\t(ii)\tdetails about the extent of the railway track layout and other rail infrastructure of the private siding; and\n\t(iii)\tdetails about the railway operations to be carried out in the private siding; and\n\t(iv)\tif the private siding is to be (or continue to be) connected with, or to have access to—\n\t(A)\ta railway of an accredited person—the prescribed details about the railway and the accredited person; or\n\t(B)\tanother private siding—the prescribed details about that siding and the rail infrastructure manager of that siding; and\n\t(v)\tany other prescribed information; and\n\t(b)\tmust be accompanied by the prescribed application fee.\n\t(3)\tThe Regulator may require an applicant for registration—\n85—What applicant must demonstrate\nThe Regulator must not grant registration to an applicant unless satisfied that the applicant has demonstrated—\n\t(a)\tthat the applicant is, or is to be, the rail infrastructure manager of the private siding; and\n\t(b)\tthat the railway operations to be carried out (or continue to be carried out) in the private siding are such that registration of the applicant (rather than accreditation of the applicant in respect of the railway operations) is, in the opinion of the Regulator, the appropriate action; and\n\t(c)\tthat the applicant has complied with the requirements prescribed by the national regulations (if any) for the purposes of this section.\n86—Determination of application\n\t(a)\tif the Regulator is satisfied as to the matters referred to in section 85—notify the applicant that registration has been granted, with or without conditions or restrictions; or\n\t(2)\tRegistration under this Law is subject to—\n\t(a)\tany conditions or restrictions prescribed by the national regulations for the purposes of this section; and\n\t(b)\tany other condition or restriction imposed on the registration by the Regulator.\n\t(3)\tNotification under this section—\n\t(b)\tif registration has been granted, must specify—\n\t(ii)\tthe prescribed details of the private siding; and\n\t(iii)\tany conditions and restrictions imposed by the Regulator on the registration; and\n\t(c)\tif a condition or restriction has been imposed on the registration, must include—\n\t(e)\tif the relevant period in relation to the application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\nSubdivision 3—Variation of registration\n87—Application for variation of registration\n\t(1)\tA registered person may, at any time, apply to the Regulator for a variation of the registration.\n\t(2)\tA registered person must apply to the Regulator for a variation of the registration if—\n\t(a)\tthe applicant proposes to vary the scale and complexity of the private siding in respect of which the applicant is registered; or\n\t(b)\tthe applicant proposes to vary the railway operations to be carried out in the private siding in respect of which the applicant is registered; or\n\t(c)\tany other variation is proposed in relation to the private siding in respect of which the applicant is registered that should be reflected in the registration.\n\t(b)\tmust contain the prescribed information.\n\t(4)\tThe Regulator may require a registered person who has applied for a variation under this section—\n88—Determination of application for variation\n\t(a)\tif the Regulator is satisfied as to the matters referred to in section 85 (so far as they are applicable to the proposed variation), notify the applicant that registration has been varied, with or without conditions or restrictions; or\n\t(b)\tif registration has been varied, must specify—\n\t(ii)\tthe variation to the registration; and\n\t(iii)\tany conditions and restrictions imposed by the Regulator on the registration as varied; and\n\t(c)\tif a condition or restriction has been imposed on the registration as varied, must include—\n\t(e)\tif the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\n89—Prescribed conditions and restrictions\nThe registration of a person that is varied under this Division is subject to any conditions or restrictions prescribed by the national regulations that are applicable to the registration as varied.\n90—Variation of conditions and restrictions\n\t(1)\tA registered person may, at any time, apply to the Regulator for a variation of a condition or restriction imposed by the Regulator to which the registration is subject.\n\t(2)\tAn application for variation of a condition or restriction must be made as if it were an application for variation of registration (and section 87 applies accordingly).\n\t(3)\tThe Regulator must consider the application and, if satisfied as to the matters referred to in section 86 (so far as they are applicable to the proposed variation), notify the registered person in accordance with the provisions of this Division applicable to a grant of registration (so far as is practicable), that the variation has been granted or refused.\n\t(4)\tNotification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7.\n91—Regulator may make changes to conditions or restrictions\n\t(1)\tThe Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator to which the registration of a registered person is subject or impose a new condition or restriction.\n\t(a)\tgive the registered person written notice of the action that the Regulator proposes to take; and\n\t(b)\tallow the registered person to make written representations about the intended action within 28 days (or any other period that the Regulator and the registered person agree on); and\n\t(c)\tconsider any representations made under paragraph (b) and not withdrawn.\n\t(3)\tSubsection (2) does not apply if the Regulator considers it necessary to take immediate action in the interests of safety.\n\t(4)\tThe Regulator must, by written notice given to the registered person, provide—\n\t(a)\tdetails of any action taken under subsection (1); and\n\t(b)\ta statement of reasons for any action taken under subsection (1); and\nSubdivision 4—Cancellation, suspension or surrender of registration\n92—Cancellation or suspension of registration\n\t(1)\tThis section applies in respect of a registered person if—\n\t(a)\tthe Regulator considers that the registered person—\n\t(i)\tis no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 85 or to satisfy the conditions, or to comply with the restrictions, of the registration; or\n\t(ii)\tis not controlling or managing the private siding and has not done so for at least the preceding 12 months; or\n\t(b)\tthe registered person contravenes this Law.\n\t(a)\tsuspend the registration of the registered person for a period determined by the Regulator; or\n\t(b)\tcancel the registration of the registered person with immediate effect or with effect from a specified future date; or\n\t(c)\timpose conditions or restrictions on the registration; or\n\t(d)\tvary conditions or restrictions to which the registration is subject.\n\t(i)\tthat the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and\n\t(ii)\tthat the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and\n\t(4)\tIf the Regulator suspends or cancels the registration of the registered person, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7.\n\t(5)\tThe Regulator may withdraw a suspension of the registration of a person by written notice given to the person.\n93—Immediate suspension of registration\n\t(1)\tIf the Regulator considers that there is, or would be, an immediate and serious risk to safety unless a registration is suspended immediately, the Regulator may, without complying with section 92(3) or (4), by written notice given to the registered person, immediately suspend the registration of the person for a specified period, not exceeding 6 weeks.\n\t(2)\tThe Regulator may, by written notice given to a person whose registration is suspended—\n\t(a)\treduce the period of suspension specified in a notice under subsection (1); or\n\t(b)\textend the period of suspension specified in a notice under subsection (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that subsection.\n\t(3)\tThe Regulator may withdraw a suspension of the registration of a person by written notice given to the person.\n\t(4)\tBefore making a decision under subsection (2)(b) to extend a period of suspension, the Regulator—\n\t(i)\tthat the Regulator is considering extending the period of suspension for the reasons specified in the notification; and\n\t(ii)\tthat the person may, within 7 days or such longer period as is specified in the notification, make written representations to the Regulator showing cause why the suspension should not be extended; and\n\t(5)\tIf the Regulator extends the suspension of the person, the Regulator must notify the person in writing that the suspension is being extended and include in the notice the reasons for the extension and information about the right of review under Part 7.\n94—Surrender of registration\n\t(1)\tRegistration may only be surrendered in accordance with this section.\n\t(2)\tIf a registered person intends to surrender registration in respect of a private siding, the registered person must—\n\t(a)\tgive the Regulator written notice of the intention to surrender the registration; and\n\t(b)\tprovide the Regulator with details as to the arrangements proposed in relation to the cessation of the person's railway operations carried out in the private siding.\n\t(3)\tIf the Regulator is satisfied as to the proposed arrangements, the Regulator must, as soon as reasonably practicable, by written notice given to the person, inform the person that the person's registration in respect of the relevant private siding may be surrendered in accordance with the proposed arrangements on the date specified in the notice.\n\t(4)\tIf the Regulator is not satisfied as to the proposed arrangements, the Regulator must, as soon as reasonably practicable, by written notice given to the person, inform the person—\n\t(c)\tthat the person's registration in respect of the relevant private siding may not be surrendered until the Regulator is satisfied as to the proposed arrangements.\n95—Annual fees\n\t(1)\tA registered person must pay the annual fee prescribed by the national regulations.\n\t(1a)\tSubsection (1) does not apply to or in respect of—\n\t(a)\ta registered person who is also an accredited person; or\n\t(b)\ta registered person determined by the Regulator to be a tourist and heritage operator, as recorded in the Register; or\n\t(c)\ta registered person, or a registered person of a class, prescribed by the national regulations.\n\t(2)\tThe annual fee must be paid by a registered person at the time registration is granted and thereafter on an annual basis on or before the prescribed date.\n\t(3)\tHowever, the Regulator may accept payment of an annual fee in accordance with an agreement (that provides, for example, for the payment of fees by instalments) made with the person who is liable to pay the fee.\n\t(4)\tThe national regulations may—\n\t(a)\tfix different fees for different kinds of registration; and\n\t(b)\tfix various methods for the calculation of various fees; and\n\t(c)\tfix fees which may be differential, varying according to any factor determined by the Regulator; and\n\t(d)\timpose additional fees for the late payment of fees under this section.\n95A—Increase in fee amounts\n\t(1)\tWithout limiting section 95(4), the national regulations may provide that the amount of any fee payable under this Division may be increased from the amount that applied in relation to the period immediately prior to the period in respect of which the fee is payable in accordance with a method prescribed by the national regulations for the purposes of this section.\n\t(a)\tmay operate to increase a fee whose amount has already been increased by a previous application or applications of that method; and\n\t(b)\tmay operate such that it results in no increase occurring in relation to a particular period in respect of which the fee is payable.\n\t(3)\tAs soon as practicable, but before 1 July of each year, the Regulator must publish the amounts of each fee that apply following the application of the prescribed method as from that date—\n96—Waiver of fees\n96A—Annual activity statements\n\t(1)\tA rail infrastructure manager must give the Regulator an annual activity statement about the manager's railway operations carried out in a private siding to which section 83 applies for each reporting period that—\n\t(b)\tcomplies with the requirements (if any) prescribed by the national regulations for the purposes of this section; and\n\t(c)\tcontains—\n\t(i)\ta description of the railway operations carried out in the private siding; and\n\t(ii)\tdetails of any changes to the railway operations, rolling stock or rail infrastructure; and\n\t(iii)\ta description of risk management processes applicable to the private siding.\n\t(2)\tA rail infrastructure manager must submit a statement in accordance with this section within 7 days after the end of each reporting period or as otherwise agreed with the Regulator.\nreporting period means a financial year or such other period as is agreed from time to time by the Regulator and the rail infrastructure manager.\n97—Registration cannot be transferred or assigned\n\t(1)\tRegistration—\n\t(a)\tis personal to the person who holds it; and\n\t(b)\tis not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; and\n\t(c)\tdoes not vest by operation of law in any other person.\n\t(2)\tA purported transfer or assignment of a registration or any other purported dealing with a registration by the person who holds it is of no effect.\n\t(3)\tThis section has effect despite anything in this Law, an Act or a rule of law to the contrary.\n98—Offences relating to registration\n\t(1)\tA registered person must not contravene a condition or restriction of the registration.\n\t(2)\tA registered person must ensure that the notice of registration, and any other document prescribed by the national regulations for the purposes of this section, is available for inspection—\n\t(a)\tif the person is a body corporate—at the person's registered office during ordinary business hours;\n\t(b)\tif the person is not a body corporate—at the person's principal place of business during ordinary business hours (or, if the Regulator approves another place and time, at that place and time).\n\t(3)\tA person who is required under subsection (2) to make available documents for inspection must maintain a register of those documents for inspection.\nDivision 6—Safety management\nSubdivision 1—Safety management systems\n99—Safety management system\n\t(1)\tA rail transport operator must have a safety management system for railway operations in respect of which the operator is required to be accredited that—\n\t(b)\tprovides for systems and procedures for compliance with the risk management obligations under this Law; and\n\t(c)\tidentifies any risks to safety in relation to railway operations in respect of which the operator is required to be accredited; and\n\t(d)\tprovides for the comprehensive and systematic assessment of any identified risks; and\n\t(e)\tspecifies the controls (including audits, expertise, resources and staff) that are to be used by the operator to manage identified risks and to monitor safety in relation to those railway operations; and\n\t(f)\tincludes procedures for monitoring, reviewing and revising the adequacy of those controls; and\n\t(g)\taddresses and includes any other matter prescribed by the national regulations that is relevant to the railway operations for which the rail transport operator is accredited.\n\t(2)\tThe safety management system for a rail transport operator must also include the following matters prepared in accordance with the requirements of this Division:\n\t(a)\tmeasures to manage identified risks to safety for the purposes of interface agreements;\n\t(b)\ta security management plan;\n\t(c)\tan emergency management plan;\n\t(d)\ta health and fitness management program;\n\t(e)\ta drug and alcohol management program;\n\t(f)\ta fatigue risk management program.\n\t(3)\tBefore establishing a safety management system in relation to railway operations in respect of which a rail transport operator is required to be accredited or reviewing or varying any such safety management system, the operator must, so far as is reasonably practicable—\n\t(a)\tconsult with—\n\t(i)\tpersons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the operator's railway premises or with the operator's rolling stock; and\n\t(ii)\thealth and safety representatives (within the meaning of the occupational health and safety legislation) representing any of the persons referred to in subparagraph (i); and\n\t(iii)\tany union representing any of the persons referred to in subparagraph (i); and\n\t(iv)\tany other rail transport operator with whom the first mentioned operator is required to enter into an interface agreement relating to risks to safety of railway operations carried out by or on behalf of either of them; and\n\t(v)\tthe public, as appropriate; and\n\t(b)\tprovide the persons consulted with a reasonable opportunity to make submissions on the proposed safety management system; and\n\t(c)\tadvise those persons in a timely manner of the outcome of the consultation process.\n\t(4)\tIf the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an agreement referred to in subsection (3)(a)(iv) with the first mentioned operator, when taken as 1 system, comply with this Law, both safety management systems are taken to comply with this Law.\n\t(5)\tA safety management system must be evidenced in writing and must identify—\n\t(a)\teach person responsible for preparing any part of the safety management system; and\n\t(b)\tthe person, or class of persons, responsible for implementing the system.\n100—Conduct of assessments for identified risks\n\t(1)\tIn conducting an assessment for the purposes of section 99(1)(d), the rail transport operator must—\n\t(a)\texamine and analyse each identified risk, including—\n\t(i)\tthe nature of the risk; and\n\t(ii)\tthe likelihood of the risk occurring; and\n\t(iii)\tthe magnitude and severity of the consequences should a risk be realised; and\n\t(iv)\tthe range of control measures available and considered to eliminate or minimise the risk; and\n\t(b)\tconsider risks cumulatively as well as individually; and\n\t(c)\tuse assessment methodologies that are appropriate to the risks under consideration.\n\t(2)\tThe rail transport operator must keep a detailed record of all aspects of the assessment process, including—\n\t(a)\tthe risks considered; and\n\t(b)\tthe likelihood, severity of consequences and control measures considered, including reasons for selecting certain control measures and rejecting others.\n101—Compliance with safety management system\n\t(1)\tA rail transport operator must implement the operator's safety management system.\n\t(2)\tA rail transport operator must not, without reasonable excuse, fail to comply with the operator's safety management system for the operator's railway operations.\n\t(3)\tSubsection (2) places an evidential burden on the accused to show a reasonable excuse.\n102—Review of safety management system\nA rail transport operator must review the operator's safety management system in accordance with the national regulations at such times or within such periods as are prescribed (or, if no times or periods are prescribed, at least once each year or at such other time as is agreed between the operator and the Regulator).\n103—Safety performance reports\n\t(1)\tA rail transport operator must give the Regulator a safety performance report about the operator's railway operations in respect of which the operator is required to be accredited for each reporting period that—\n\t(b)\tcomplies with the requirements (if any) prescribed by the national regulations for the purposes of this section; and\n\t(c)\tcontains—\n\t(i)\ta description and assessment of the safety performance of the operator's railway operations; and\n\t(ii)\tcomments on any deficiencies, and any irregularities, in the railway operations that may be relevant to the safety of the railway; and\n\t(iii)\ta description of any safety initiatives in relation to the railway operations undertaken during the reporting period or proposed to be undertaken in the next reporting period; and\n\t(iv)\tany other information or performance indicators prescribed by the national regulations for the purposes of this section.\n\t(2)\tA rail transport operator must submit a report in accordance with this section within 6 months after the end of each reporting period.\nreporting period means a financial year or such other period as is agreed from time to time by the Regulator and the rail transport operator.\n104—Regulator may direct amendment of safety management system\n\t(1)\tThe Regulator may, by written notice given to an accredited person, direct the person to amend the person's safety management system in a specified manner within a specified period, being not less than 28 days after the giving of the direction.\n\t(2)\tBefore giving a direction to amend a safety management system under subsection (1), the Regulator must, if the intended amendment is likely to result in significant costs or expenses to the accredited person or any other person—\n\t(a)\tconduct or cause to be conducted a cost‑benefit analysis of the effect of the intended amendment; and\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the intended amendment.\n\t(3)\tA direction under subsection (1)—\n\t(a)\tmust state the reasons why the Regulator considers it necessary for the rail transport operator to amend the safety management system; and\n\t(b)\tmust include (if applicable) the results of any cost‑benefit analysis carried out under this section; and\n\t(c)\tmust include information about the right of review under Part 7.\n\t(4)\tAn accredited person must not, without reasonable excuse, fail to comply with a direction under subsection (1).\nSubdivision 2—Interface agreements\n105—Requirements for and scope of interface agreements\n\t(1)\tAn interface agreement must include provisions for—\n\t(a)\timplementing and maintaining measures to manage risks identified under section 99(1)(c) associated with the interface; and\n\t(b)\tthe evaluation, testing and (where appropriate) revision of measures in relation to identified risks and incidents considered; and\n\t(c)\tthe respective roles and responsibilities of each party to the agreement in relation to those measures; and\n\t(d)\tprocedures by which the parties to the agreement will exchange information about, and monitor compliance with, their obligations under the agreement; and\n\t(e)\ta process for keeping the agreement under review and its revision.\n\t(2)\tAn interface agreement may—\n\t(a)\tbe entered into by 2 or more rail transport operators or by 1 or more rail transport operators and 1 or more road managers; and\n\t(b)\tinclude measures to manage any number of risks to safety that may arise because of, or partly because of, any railway operations; and\n\t(c)\tinclude measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road infrastructure; and\n\t(d)\tmake provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document; and\n\t(e)\tconsist of 2 or more documents.\n106—Interface coordination—rail transport operators\nA rail transport operator must—\n\t(a)\tidentify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of the operator because of, or partly because of, railway operations carried out by or on behalf of any other rail transport operator; and\n\t(c)\tfor the purpose of managing those risks—seek to enter into an interface agreement with the other rail transport operator or rail transport operators.\n107—Interface coordination—rail infrastructure and public roads\n\t(1)\tA rail infrastructure manager must—\n\t(a)\tidentify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager's rail infrastructure because of, or partly because of—\n\t(i)\tthe existence of road infrastructure of a prescribed public road; or\n\t(ii)\tthe existence or use of any rail or road crossing that is part of the road infrastructure of a public road; and\n\t(c)\tfor the purpose of managing those risks—seek to enter into an interface agreement with the road manager of that road.\n\t(2)\tThe road manager of a public road must—\n\t(a)\tidentify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of the road because of, or partly because of—\n\t(i)\tthe existence of road infrastructure of a prescribed public road; or\n\t(ii)\tthe existence or use of any rail or road crossing that is part of the road infrastructure of a public road; and\n\t(c)\tfor the purpose of managing those risks—seek to enter into an interface agreement with the rail infrastructure manager of the rail infrastructure.\n\t(3)\tNothing in this section authorises or requires a road manager to act inconsistently with, or without regard to, the functions, obligations or powers conferred on it by or under an Act or law.\n108—Interface coordination—rail infrastructure and private roads\n\t(1)\tA rail infrastructure manager must—\n\t(a)\tidentify and assess, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out on or in relation to the manager's rail infrastructure because of, or partly because of, the existence or use of any rail or road crossing that is part of the road infrastructure of a private road; and\n\t(b)\tconsider the extent to which those risks are managed by any prescribed protocols; and\n\t(c)\tconsider whether it is necessary to manage those risks in conjunction with the road manager of that road and—\n\t(i)\tif the rail infrastructure manager is of the opinion that it is necessary that those risks be managed in conjunction with the road manager—give written notice of that opinion to the road manager and determine measures to manage, so far as is reasonably practicable, those risks; or\n\t(ii)\tif the rail infrastructure manager is of the opinion that the management of those risks does not need to be carried out in conjunction with the road manager—keep a written record of that opinion; and\n\t(d)\tunless paragraph (c)(ii) applies—for the purpose of managing those risks, seek to enter into an interface agreement with the road manager.\n\t(2)\tIf a rail infrastructure manager gives a road manager of a private road a written notice under subsection (1)(c)(i), the road manager must—\n\t(a)\tidentify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of the road because of, or partly because of, railway operations; and\n\t(c)\tfor the purpose of managing those risks—seek to enter into an interface agreement with the rail infrastructure manager.\n109—Identification and assessment of risks\nA rail transport operator, rail infrastructure manager or road manager that is required under this Subdivision to identify and assess risks to safety that may arise from operations carried out by another person may do so—\n\t(a)\tby itself identifying and assessing those risks; or\n\t(b)\tby identifying and assessing those risks jointly with the other person; or\n\t(c)\tby adopting the identification and assessment of those risks carried out by the other person.\n110—Regulator may give directions\n\t(1)\tThis section applies if the Regulator is satisfied that a rail transport operator, rail infrastructure manager or road manager referred to in this Subdivision—\n\t(a)\tis unreasonably refusing or failing to enter into an interface agreement with another person as required under this Subdivision; or\n\t(b)\tis unreasonably delaying the negotiation of such an agreement.\n\t(2)\tThe Regulator may give a written notice to the rail transport operator, rail infrastructure manager or road manager (as the case requires) and the other person that—\n\t(a)\twarns of the Regulator's powers under this section, including the power to issue a direction under subsection (3) at any time after a specified date; and\n\t(b)\tincludes a copy of this section; and\n\t(c)\tmay contain suggested terms for inclusion in an interface agreement.\n\t(3)\tIf the Regulator gives a notice under subsection (2) to a rail transport operator, rail infrastructure manager or road manager, the Regulator may, in writing, require the operator or manager to provide such information as the Regulator reasonably requires for the purposes of making a direction under this section.\n\t(4)\tIf a notice is given under subsection (2) and an interface agreement has not been entered into by or on the date specified in the notice, the Regulator—\n\t(a)\tmay determine the arrangements that are to apply in relation to the management of risks to safety referred to in section 106, 107 or 108 (as the case requires); and\n\t(b)\tmay direct any of the persons to whom the notice is issued to give effect to those arrangements; and\n\t(c)\tmust specify the time within which a direction is to be complied with.\n\t(5)\tA direction under subsection (4)—\n\t(a)\tmust be in writing; and\n\t(b)\tmust set out any arrangements determined by the Regulator under that subsection.\n\t(6)\tA person to whom a notice or direction is given under this section must comply with the notice or direction within the time specified in the notice or direction.\n111—Register of interface agreements\n\t(1)\tA rail transport operator must maintain a register of—\n\t(a)\tinterface agreements to which it is a party; and\n\t(b)\tarrangements determined by the Regulator under section 110,\nthat are applicable to the operator's railway operations.\n\t(2)\tA road manager must maintain a register of—\n\t(a)\tinterface agreements to which it is a party; and\n\t(b)\tarrangements determined by the Regulator under section 110,\nthat are applicable to any road in relation to which it is the road manager.\nSubdivision 3—Other safety plans and programs\n112—Security management plan\n\t(1)\tA rail transport operator must have a security management plan for railway operations in respect of which the operator is required to be accredited that—\n\t(a)\tincorporates measures to protect people from theft, assault, sabotage, terrorism and other criminal acts of other parties and from other harm; and\n\t(b)\tcomplies with this Law and any requirements prescribed by the national regulations.\n\t(2)\tThe rail transport operator must ensure—\n\t(a)\tthat the security management plan is implemented; and\n\t(b)\tthat appropriate response measures of the security management plan are implemented without delay if an incident of a kind referred to in subsection (1)(a) occurs.\n113—Emergency management plan\n\t(1)\tA rail transport operator must have an emergency management plan that complies with subsection (2) for railway operations in respect of which the operator is required to be accredited.\n\t(2)\tThe emergency management plan must—\n\t(a)\taddress and include the matters that are prescribed; and\n\t(b)\tbe prepared—\n\t(i)\tso far as is reasonably practicable—in conjunction with any of the emergency services that would be expected to attend in the event of a significant incident involving the operator's railway operations and any other person who is prescribed; and\n\t(ii)\tin accordance with the national regulations; and\n\t(c)\tbe kept and maintained in accordance with the national regulations; and\n\t(d)\tbe provided to the relevant emergency services and any other person who is prescribed; and\n\t(e)\tbe tested in accordance with the national regulations.\n\t(3)\tA rail transport operator must ensure that the appropriate response measures of the emergency management plan are implemented if an emergency occurs.\n114—Health and fitness management program\nA rail transport operator must prepare and implement a health and fitness program for rail safety workers who carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited that complies with the prescribed requirements relating to health and fitness programs.\n115—Drug and alcohol management program\nA rail transport operator must prepare and implement a drug and alcohol management program for rail safety workers who carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited that complies with the prescribed requirements relating to drug and alcohol management programs.\n116—Fatigue risk management program\nA rail transport operator must prepare and implement a program, in accordance with the prescribed requirements, for the management of fatigue of rail safety workers who carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited that complies with the prescribed requirements relating to fatigue risk management programs.\nSubdivision 4—Provisions relating to rail safety workers\n117—Assessment of competence\n\t(1)\tA rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited has the competence to carry out that work.\n\t(2)\tFor the purposes of subsection (1), the competence of a rail safety worker to carry out rail safety work—\n\t(a)\tmust be assessed—\n\t(i)\tin accordance with any qualification and units of competence recognised under the AQF applicable to that rail safety work; or\n\t(ii)\tif subparagraph (i) does not apply—in accordance with any qualifications or competencies prescribed by the national regulations; and\n\t(b)\tmust be assessed by reference to the knowledge and skills of the worker that would enable the worker to carry out the rail safety work safely.\n\t(3)\tA certificate purporting to have been issued under the AQF to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence.\n\t(4)\tSubsection (2) does not apply if—\n\t(a)\tit is not reasonably practicable for a rail transport operator to assess the competence of a rail safety worker to carry out rail safety work in relation to the operator's rail infrastructure or rolling stock in accordance with that subsection; and\n\t(b)\tthe operator satisfies the Regulator that—\n\t(i)\tthe worker has otherwise acquired the necessary qualifications and competencies applicable to that rail safety work; and\n\t(ii)\tthe worker has the knowledge and skills that would enable the worker to carry out the rail safety work safely.\n\t(5)\tNothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work.\n\t(6)\tA rail transport operator must maintain records in accordance with the national regulations of the competence of rail safety workers who carry out rail safety work on or in relation to the operator's rail infrastructure or rolling stock.\n\t(6a)\tA person who provides a document or information in relation to the assessment by a rail transport operator of the competency of that person to carry out rail safety work that the person knows—\n\t(a)\tis false or misleading in a material particular; or\n\t(b)\tomits any matter or thing without which the document or information is misleading,\nis guilty of an offence.\n\t(7)\tIn this section, a reference to the AQF is a reference to the Australian Qualifications Framework within the meaning of the Higher Education Support Act 2003 of the Commonwealth as in force from time to time, and includes a reference to any national policy that may be made in substitution for the Australian Qualifications Framework as in force from time to time.\n118—Identification of rail safety workers\n\t(1)\tA rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the operator's railway operations has a form of identification that is sufficient to enable the type of competence and training of the worker for that rail safety work to be checked by a rail safety officer.\n\t(2)\tA rail safety worker who is carrying out rail safety work must, when requested by a rail safety officer to do so, produce the identification provided in accordance with subsection (1) to the officer.\nMaximum penalty: $2 500.\n","sortOrder":14},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Other persons to comply with safety management system","content":"Subdivision 5—Other persons to comply with safety management system\n119—Other persons to comply with safety management system\nA person, not being an employee employed to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator must comply with the safety management system of the rail transport operator to the extent that it applies to those railway operations.\n","sortOrder":15},{"sectionNumber":"Div 7","sectionType":"division","heading":"Information about rail safety etc","content":"Division 7—Information about rail safety etc\n120—Power of Regulator to obtain information from rail transport operators\n\t(1)\tThe Regulator may, by written notice given to a rail transport operator, require the operator to provide to the Regulator on or before a specified date and in a manner and form approved by the Regulator, 1 or more of the following:\n\t(a)\tinformation concerning measures taken by the rail transport operator to promote rail safety;\n\t(b)\tinformation concerning matters, including matters relating to the financial capacity or insurance arrangements of the rail transport operator, relating to rail safety or the accreditation of the rail transport operator that the Regulator reasonably requires;\n\t(c)\tthe information prescribed for the purposes of this subsection.\n\t(2)\tA rail transport operator must comply with a notice given to the operator under subsection (1).\n\t(3)\tA rail transport operator must provide to the Regulator, in a manner and form approved by the Regulator and at the prescribed times and in respect of the prescribed periods, information prescribed by the national regulations for the purposes of this subsection relating to rail safety or accreditation.\n","sortOrder":16},{"sectionNumber":"Div 8","sectionType":"division","heading":"Investigating and reporting by rail transport operators","content":"Division 8—Investigating and reporting by rail transport operators\n121—Notification of certain occurrences\n\t(1)\tA rail transport operator must report to the Regulator or another authority specified by the Regulator within the time, and in the manner, prescribed by the national regulations, all notifiable occurrences that happen on, or in relation to, the operator's railway premises or railway operations.\n\t(2)\tTwo or more rail transport operators may make a joint report with respect to a notifiable occurrence affecting them.\n\t(3)\tIn addition to the matters specified in subsection (1), the Regulator may, by written notice given to a rail transport operator, require the operator to report to the Regulator or another authority specified by the Regulator, any other occurrence or type of occurrence which endangers or could endanger the safe operation of any railway operations.\n\t(4)\tA rail transport operator to whom a requirement under subsection (3) applies must comply with the requirement.\n\t(5)\tThe Regulator may require information in a report under this section to be verified by statutory declaration.\n122—Investigation of notifiable occurrences\n\t(1)\tThe Regulator may, by written notice given to a rail transport operator, require the operator to investigate notifiable occurrences, or any other occurrences that have endangered or may endanger the safe operation of the railway operations carried out by the operator.\n\t(2)\tThe level of investigation must be determined by the severity and potential consequences of the notifiable occurrence as well as by other similar occurrences and its focus should be to determine the cause and contributing factors, rather than to apportion blame.\n\t(3)\tThe rail transport operator must ensure that the investigation is conducted in a manner approved by the Regulator and within the period specified by the Regulator.\n\t(4)\tA rail transport operator who has carried out an investigation under this section must report to the Regulator on the investigation in a manner specified by the Regulator within the period specified by the Regulator.\n\t(5)\tHowever, information or a document provided by a rail transport operator in a report under this section is not admissible as evidence against the operator in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the information or document.\n","sortOrder":17},{"sectionNumber":"Div 9","sectionType":"division","heading":"Drug and alcohol testing by Regulator","content":"Division 9—Drug and alcohol testing by Regulator\n122A—Interpretation\nurine test includes—\n\t(a)\tthe screening of a sample of a person's urine; and\n\t(b)\tthe analysis of a sample of a person's urine,\nfor the presence of drugs in the sample.\n123—Testing for presence of drugs or alcohol\nA rail safety worker may be required to undertake a test for the presence of a drug or alcohol in accordance with this Law and the application Act.\n124—Appointment of authorised persons\n\t(1)\tThe Regulator may, by instrument in writing, appoint—\n\t(a)\ta rail safety officer; or\n\t(b)\ta person with qualifications or experience considered by the Regulator to be appropriate for the performance of relevant functions under this Law and the application Act,\nto be an authorised person for a term, and subject to the conditions, specified in the instrument.\nA person appointed under subsection (1)(b) need not be an employee of a government agency or instrumentality.\n\t(2)\tThe authority of an authorised person may be limited by the relevant instrument of appointment to a particular part of a participating jurisdiction, to a particular railway or to particular rail safety workers, or otherwise.\n125—Identity cards\n\t(1)\tThe Regulator must give each authorised person appointed under section 124 an identity card that states the person's name and appointment as an authorised person and includes any other matter prescribed by the national regulations.\n\t(2)\tAn authorised person to whom an identity card has been issued must produce his or her identity card for inspection on request to a person required by the authorised person to submit to a test or to do any other thing under this Law or the application Act.\n\t(3)\tIf a person to whom an identity card has been issued ceases to be an authorised person, the person must return the identity card to the Regulator as soon as practicable.\n126—Authorised person may require preliminary breath test or breath analysis\n\t(1)\tSubject to this section, an authorised person may at any time require a rail safety worker who—\n\t(a)\tis about to carry out rail safety work; or\n\t(b)\tis carrying out rail safety work; or\n\t(c)\tis attempting to carry out rail safety work; or\n\t(d)\tis still on railway premises after carrying out rail safety work; or\n\t(e)\twithout limiting a preceding paragraph—is involved in a prescribed notifiable occurrence,\nto submit to testing by means of a preliminary breath test or breath analysis (or both).\n\t(2)\tFor the purposes of making a requirement that a rail safety worker submit to a preliminary breath test or breath analysis, an authorised person may—\n\t(a)\trequire the worker to provide the worker's name and residential address; and\n\t(b)\tgive any other reasonable direction to the worker.\nAn authorised person may (for example) direct the rail safety worker to accompany the authorised person and attend at a specified place for the purposes of carrying out the preliminary breath test or breath analysis.\n\t(3)\tA rail safety worker must immediately comply with a direction given by an authorised person (whether under this section or the application Act) for the purpose of requiring the worker to submit to a preliminary breath test or breath analysis.\n\t(4)\tThe application Act and regulations made under the application Act may prescribe the manner in which a preliminary breath test or breath analysis is to be conducted and may (for example) require that more than 1 sample of breath is to be provided for testing or analysis (and, in such a case, specify which reading of the apparatus or instrument will be taken to be the result of the preliminary breath test or breath analysis for the purposes of this Law, the application Act or any other Act).\n127—Authorised person may require drug screening test, oral fluid analysis, urine test and blood test\n\t(1)\tSubject to this section, an authorised person may at any time require a rail safety worker who—\n\t(a)\tis about to carry out rail safety work; or\n\t(b)\tis carrying out rail safety work; or\n\t(c)\tis attempting to carry out rail safety work; or\n\t(d)\tis still on railway premises after carrying out rail safety work; or\n\t(e)\twithout limiting a preceding paragraph—is involved in a prescribed notifiable occurrence,\nto submit to a drug screening test, oral fluid analysis, urine test or blood test (or any combination of these).\n\t(2)\tFor the purposes of making a requirement that a rail safety worker submit to a drug screening test, oral fluid analysis, urine test or blood test, an authorised person may—\n\t(a)\trequire the worker to provide the worker's name and residential address; and\n\t(b)\tgive any other reasonable direction to the worker.\nAn authorised person may (for example) direct the rail safety worker to accompany the authorised person and attend at a specified place for the purposes of carrying out the drug screening test, oral fluid analysis, urine test or blood test.\n\t(3)\tA rail safety worker must immediately comply with a direction given by an authorised person (whether under this section or the application Act) for the purpose of requiring the worker to submit to a drug screening test, oral fluid analysis, urine test or blood test (or any combination of these).\n\t(4)\tThe application Act and regulations made under the application Act may prescribe the manner in which a drug screening test, oral fluid analysis, urine test or blood test is to be conducted.\n127A—Facilitation of testing\n\t(1)\tThe person with control or management of railway premises must do all that is reasonably necessary to facilitate an authorised person to exercise powers under this Division in relation to requiring a rail safety worker to undertake a test for the presence of a drug or alcohol, including (for example)—\n\t(a)\tallowing the authorised person entry to the railway premises; and\n\t(b)\tmaking the rail safety worker available for such testing; and\n\t(c)\tmaking any other person at the premises available for the purpose of giving the authorised person reasonable help to exercise the authorised person's powers under this Division.\n\t(2)\tA person required to facilitate or give reasonable help under this section must not, without reasonable excuse, fail to comply with the requirement.\n\t(3)\tSubsection (2) places an evidential burden on the accused to show a reasonable excuse.\n\t(4)\tAn authorised person may be accompanied by a rail safety officer to assist the authorised person under this Division if the authorised person considers the assistance necessary.\n128—Offence relating to prescribed concentration of alcohol or prescribed drug\n\t(1)\tA rail safety worker must not carry out, or attempt to carry out, rail safety work—\n\t(a)\twhile there is present in his or her blood the prescribed concentration of alcohol; or\n\t(b)\twhile a prescribed drug is present in his or her oral fluid or blood; or\n\t(c)\twhile so much under the influence of alcohol or a drug as to be incapable of effectively discharging a function or duty of a rail safety worker.\nIn some participating jurisdictions, provision is made that, for the purposes of this Law, a concentration of alcohol in a sample of a person's breath will be taken to indicate a concentration of alcohol in the person's blood.\n\t(1a)\tFor the purposes of subsection (1), and without limiting the circumstances in which a rail safety worker will be taken to be carrying out, or attempting to carry out, rail safety work, if a rail safety worker—\n\t(a)\thas arrived at the rail safety worker's place of work; and\n\t(b)\t—\n\t(i)\thas signed on for the purpose of carrying out rail safety work (in such manner as may be required by the practices and procedures at the worker's place of work and however described) and is available to carry out the rail safety work; or\n\t(ii)\tis otherwise on duty for the purpose of carrying out rail safety work,\nthen the rail safety worker will be taken to be carrying out, or attempting to carry out, rail safety work.\n\t(2)\tFor the purposes of subsection (1)(c), a person is incapable of effectively discharging a function or duty of a rail safety worker if, owing to the influence of alcohol or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired (but this subsection does not restrict in any way the operation of subsection (1)(c)).\n\t(3)\tSubject to subsection (4), it is a defence to a charge of an offence against subsection (1)(b) if the defendant proves that he or she did not knowingly consume the prescribed drug present in his or her oral fluid or blood.\n\t(4)\tSubsection (3) does not apply if the defendant consumed the prescribed drug believing that he or she was consuming a substance unlawfully but was mistaken as to, unaware of, or indifferent to, the identity of the prescribed drug.\n\t(5)\tFor the purposes of this section—\nprescribed concentration of alcohol, in relation to a rail safety worker, means—\n\t(a)\tany concentration of alcohol in the blood; or\n\t(b)\tif some other concentration of alcohol is prescribed in the national regulations (being a specified amount of alcohol in 100 millilitres of blood) for the purposes of this definition—that concentration;\nprescribed drug means—\n\t(a)\tany of the following substances:\n\t(i)\tdelta‑9‑tetrahydrocannabinol;\n\t(ii)\tMethylamphetamine (Methamphetamine);\n\t(iii)\t3,4‑Methylenedioxymethylamphetamine (MDMA); and\n\t(b)\tany other substance declared by the national regulations to be a prescribed drug for the purposes of this section.\n128A—Offence to hinder or obstruct authorised person\nA person must not intentionally hinder or obstruct an authorised person in exercising powers under this Division, or induce or attempt to induce any other person to do so.\n128B—Offence to assault, threaten or intimidate authorised person\nA person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, an authorised person or a person assisting an authorised person.\nMaximum penalty: $50 000 or imprisonment for 2 years, or both.\n128C—Interfering or tampering with, or destroying, samples\nA person must not interfere or tamper with, or destroy, a sample of a person's oral fluid, urine or blood provided or taken for the purposes of this Division unless the action occurs—\n\t(a)\tby or at the direction of a person authorised to analyse the sample (whether under the Law or the application Act) in the course of or on completion of the analysis; or\n\t(b)\tin accordance with the requirements under the Law or the application Act.\n129—Oral fluid, urine sample or blood sample or results of analysis etc not to be used for other purposes\nA sample of oral fluid, urine or blood taken under this Part or the application Act (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis, urine test or blood test) must not be used for a purpose other than that contemplated by this Part or the application Act, in connection with the control or management of any work or activity associated with railway operations, or for the purpose of disciplinary proceedings against a rail safety worker.\n","sortOrder":18},{"sectionNumber":"Div 10","sectionType":"division","heading":"Train safety recordings","content":"Division 10—Train safety recordings\n130—Interpretation\ntrain safety recording means a recording consisting of (or mainly of) sounds or images or data, or any combination of sounds, images or data, produced by a device installed in a train, signal box, train control complex or other railway premises for the purpose of recording activities carried out by rail safety workers in relation to the operation of a train.\n131—Disclosure of train safety recordings\nA person must not publish or communicate to any person—\n\t(a)\ta train safety recording or any part of a train safety recording; or\n\t(b)\tany information obtained from a train safety recording or any part of a train safety recording,\notherwise than in the course of an inquiry or an investigation into an accident or incident under this Part or for the purposes of, or in connection with—\n\t(c)\tcriminal proceedings (not being criminal proceedings in which it is not admissible), investigations relating to any such criminal proceedings or investigations by or proceedings before a coroner; or\n\t(d)\tcivil proceedings in which an order is made under section 132; or\n\t(e)\ta disclosure or publication that is otherwise permitted under this Law or an Act.\n132—Admissibility of evidence of train safety recordings in civil proceedings\n\t(1)\tA train safety recording is not admissible in evidence in any civil proceedings against a rail safety worker.\n\t(2)\tA party to civil proceedings may, at any time before the determination of the proceedings, apply to the court in which the proceedings have been instituted for an order that a train safety recording, or part of a train safety recording, be admissible in evidence in the proceedings.\n\t(3)\tIf an application is made to a court under subsection (2), the court must—\n\t(a)\texamine the train safety recording; and\n\t(b)\tif satisfied that—\n\t(i)\ta material question of fact in the proceedings will not be able to be properly determined from other evidence available to the court; and\n\t(ii)\tthe train safety recording, or a part of the train safety recording, if admitted in evidence in the proceedings, will assist in the proper determination of that material question of fact; and\n\t(iii)\tin the circumstances of the case, the public interest in the proper determination of that material question of fact outweighs the public interest in protecting the privacy of rail safety workers,\nthe court may order that the train safety recording, or that part of the train safety recording, be admissible in evidence in the proceedings.\n\t(4)\tIf the court makes an order referred to in subsection (3), the train safety recording is (despite subsection (1)) admissible in evidence in the proceedings.\n","sortOrder":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"of the Transport Safety Investigation Act 2003 of the Commonwealth provides for limitations on the disclosure and use of train safety recordings in court proceedings.","content":"Part 6 of the Transport Safety Investigation Act 2003 of the Commonwealth provides for limitations on the disclosure and use of train safety recordings in court proceedings.\n","sortOrder":20},{"sectionNumber":"Div 11","sectionType":"division","heading":"Audit of railway operations by Regulator","content":"Division 11—Audit of railway operations by Regulator\n133—Audit of railway operations by Regulator\n\t(1)\tThe Regulator—\n\t(a)\tmay audit the railway operations of a rail transport operator; and\n\t(b)\tmay prepare and implement a program (an audit program) for each year for inspecting the railway operations of rail transport operators; and\n\t(c)\tmay, for the purposes of an audit, inspect the railway operations of a rail transport operator, whether or not under an audit program.\n\t(2)\tWithout limiting subsection (1)(b), an audit program may focus on 1 or more of the following:\n\t(a)\tparticular rail transport operators;\n\t(b)\tparticular criteria relating to rail transport operators;\n\t(c)\tparticular aspects of rail safety;\n\t(d)\tparticular aspects of railway operations.\n\t(3)\tThe Regulator must give not less than 24 hours written notice to a rail transport operator before inspecting the operator's railway operations under this section.\n\t(4)\tThe national regulations may establish procedures for the conduct of audits under this section, including procedures to ensure the confidentiality of records.\nrail transport operator includes a person, not being an employee, engaged to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator.\nPart 4—Securing compliance\nDivision 1—Guiding principle\n134—Guiding principle\nEnforcement of this Law should be undertaken for the purpose of—\n\t(a)\tprotecting public safety; and\n\t(b)\tpromoting improvement in rail safety; and\n\t(c)\tremoving incentive for any unfair commercial advantage that might be derived from contravening the rail safety requirements under this Law; and\n\t(d)\tinfluencing the attitude and behaviour of persons whose actions may have adverse impacts on rail safety; and\n\t(e)\tsecuring compliance with this Law through effective and appropriate compliance and enforcement measures.\nDivision 2—Rail safety officers\n135—Appointment\n\t(1)\tThe Regulator may, by instrument in writing, appoint a person, or a person of a prescribed class, to be a rail safety officer for a term, and subject to the conditions, specified in the instrument.\nNotes—\n","sortOrder":21},{"sectionNumber":"1","sectionType":"section","heading":"A person appointed under subsection (1) need not be an employee of a government agency or instrumentality.","content":"1\tA person appointed under subsection (1) need not be an employee of a government agency or instrumentality.\n","sortOrder":22},{"sectionNumber":"2","sectionType":"section","heading":"A person appointed under subsection (1) may be a police officer of a participating jurisdiction.","content":"2\tA person appointed under subsection (1) may be a police officer of a participating jurisdiction.\n\t(2)\tWithout limiting the conditions to which the appointment of a rail safety officer may be subject, a condition may specify 1 or more of the following:\n\t(a)\tfunctions under this Law that may not be exercised by the officer;\n\t(b)\tthe only functions under this Law that may be exercised by the officer;\n\t(c)\tthe circumstances or manner in which a function under this Law may be performed by the officer.\n136—Identity cards\n\t(1)\tThe Regulator must give each rail safety officer an identity card that states the person's name and appointment as a rail safety officer and includes any other matter prescribed by the national regulations.\n\t(2)\tA rail safety officer must produce his or her identity card for inspection on request when exercising a function under this Law.\n\t(3)\tIf a person to whom an identity card has been issued ceases to be a rail safety officer, the person must return the identity card to the Regulator as soon as practicable.\n137—Accountability of rail safety officers\n\t(1)\tA rail safety officer must give written notice to the Regulator of all interests, pecuniary or otherwise, that the officer has, or acquires, and that conflict or could conflict with the proper exercise of the officer's functions.\n\t(2)\tThe Regulator must give a direction to a rail safety officer not to deal, or to no longer deal, with a matter if the Regulator becomes aware that the officer has a potential conflict of interest in relation to a matter and the Regulator considers that the officer should not deal, or should no longer deal, with the matter.\n138—Suspension and ending of appointment of rail safety officers\n\t(1)\tThe Regulator may suspend or end the appointment of a rail safety officer.\n\t(2)\tA person's appointment as a rail safety officer ends when the person ceases to be eligible for appointment as a rail safety officer.\nDivision 3—Regulator has functions and powers of rail safety officers\n139—Regulator has functions and powers of rail safety officers\n\t(1)\tThe Regulator has all the functions and powers that a rail safety officer has under this Law.\n\t(2)\tAccordingly, a reference in this Law to a rail safety officer includes a reference to the Regulator.\nDivision 4—Functions and powers of rail safety officers\n140—Functions and powers\nA rail safety officer has the following functions and powers under this Law:\n\t(a)\tto provide information and advice about compliance with this Law;\n\t(b)\tto require compliance with this Law through the issuing of notices;\n\t(c)\tto investigate contraventions of this Law and assist in the prosecution of offences;\n\t(d)\tother functions or powers conferred by the national regulations.\n141—Conditions on rail safety officers' powers\nA rail safety officer's powers under this Law are subject to any conditions specified in the instrument of the officer's appointment.\n142—Rail safety officers subject to Regulator's directions\n\t(1)\tA rail safety officer is subject to the directions of the Regulator in the exercise of his or her powers under this Law.\n\t(2)\tA direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.\nDivision 5—Powers relating to entry\nSubdivision 1—General powers of entry\n143—Powers of entry\n\t(1)\tA rail safety officer may at any time enter a place that is, or that the officer reasonably suspects is, railway premises.\n\t(2)\tIf a rail safety officer enters a place under subsection (1) and it is not railway premises, the officer must leave the place immediately.\n\t(3)\tA rail safety officer may enter a place that adjoins railway premises if the entry is urgently required for the purpose of dealing with a railway accident or incident.\n\t(4)\tAn entry may be made under subsection (1) or (3) with or without the consent of the person with control or management of the place.\n\t(5)\tA rail safety officer may enter any place if the entry is authorised by a search warrant.\nA rail safety officer may enter residential premises to gain access to railway premises—see section 153(c).\n144—Notification of entry\n\t(1)\tA rail safety officer may enter a place under section 143 without prior notice to any person.\n\t(2)\tA rail safety officer must, as soon as practicable after entry to a place that is, or that the officer reasonably suspects is, railway premises, take all reasonable steps to notify the person with control or management of the place.\n\t(3)\tHowever, a rail safety officer is not required to notify any person if to do so would defeat the purpose for which the place was entered or cause unreasonable delay.\n145—General powers on entry\n\t(1)\tA rail safety officer who enters a place under section 143 may do any of the following:\n\t(a)\tinspect, examine and make inquiries at the place;\n\t(b)\tinspect and examine any thing (including a document) at the place;\n\t(c)\tbring to the place and use any equipment or materials that may be required;\n\t(d)\tenter or open, using reasonable force, rail infrastructure, rolling stock, a road vehicle or other thing to examine the rail infrastructure, rolling stock, road vehicle or other thing;\n\t(e)\tgive directions with respect to the stopping or movement of any rolling stock or road vehicle;\n\t(f)\ttake measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers;\n\t(g)\tconduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings);\n\t(h)\tmark, tag or otherwise identify rolling stock, a road vehicle or other thing;\n\t(i)\tseize any thing (including a document) at the place if the officer reasonably believes the thing is evidence of an offence against this Law;\n\t(j)\ttake and remove for analysis, testing or examination a sample of any substance or thing without paying for it;\n\t(k)\trequire a person at the place to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (j);\n\t(l)\texercise any power that is reasonably necessary to be exercised by the officer for the purposes of this Law.\n\t(2)\tA film, photograph, video or digital recording, or other image, taken under subsection (1)(g) of rail infrastructure, or of any part of rail infrastructure, is not inadmissible as evidence by reason only of the fact that it includes the likeness of 1 or more persons if the capturing of that likeness is incidental to the taking of the film, photograph, video or digital recording, or other image.\n\t(3)\tA person required to give reasonable help under subsection (1)(k) must not, without reasonable excuse, fail to comply with the requirement.\n\t(4)\tSubsection (3) places an evidential burden on the accused to show a reasonable excuse.\nreasonable help includes—\n\t(a)\tassistance to enable the rail safety officer to find and gain access to electronically stored material and information; and\n\t(b)\tunloading rolling stock; and\n\t(c)\trunning the engine of a locomotive; and\n\t(d)\tdriving a train; and\n\t(e)\tgiving the rail safety officer assistance to enter any rail infrastructure or any part of rail infrastructure, or open rolling stock or any part of rolling stock.\n146—Persons assisting rail safety officers\n\t(1)\tA person (the assistant), including an interpreter, may accompany a rail safety officer entering a place under this Part to assist the officer if the officer considers the assistance necessary.\n\t(2)\tThe assistant—\n\t(a)\tmay do such things at the place and in such manner as the rail safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Law; but\n\t(b)\tmust not do anything that the officer does not have power to do, except as permitted under a search warrant.\n\t(3)\tAnything done lawfully by the assistant is taken for all purposes to have been done by the rail safety officer.\n147—Use of electronic equipment\n\t(1)\tWithout limiting section 145, if—\n\t(a)\ta thing found in or on rolling stock or a road vehicle, or at a place, is, or includes, a disk, tape or other device for the storage of information; and\n\t(b)\tthe equipment in or on the rolling stock or road vehicle, or at the place, may be used with the disk, tape or other device,\nthe rail safety officer, or a person assisting the officer, may operate the equipment to access the information.\n\t(2)\tA rail safety officer, or a person assisting a rail safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n148—Use of equipment to examine or process things\n\t(1)\tWithout limiting section 145, a rail safety officer exercising a power under this Part may bring to, onto, or into, rolling stock, a road vehicle or a place any equipment reasonably necessary for the examination or processing of things found at, on or in the rolling stock, road vehicle or place in order to determine whether they are things that may be seized.\n\t(2)\tThe rail safety officer, or a person assisting the officer, may operate equipment already in or on the rolling stock or road vehicle, or at the place, to carry out the examination or processing of a thing found in or on the rolling stock or road vehicle, or at the place in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—\n\t(a)\tthe equipment is suitable for the examination or the processing; and\n\t(b)\tthe examination or processing can be carried out without damage to the equipment.\n149—Securing a site or rolling stock\n\t(1)\tFor the purpose of protecting evidence that might be relevant for compliance or investigative purposes, an authorised officer may secure rolling stock or the perimeter of any site at a place by whatever means the authorised officer considers appropriate.\n\t(2)\tA person must not, without the permission of an authorised officer—\n\t(a)\tenter or remain near rolling stock that is secured under this section; or\n\t(b)\tenter or remain at a site the perimeter of which is secured under this section.\n\t(3)\tSubsection (2) does not apply if the person enters the rolling stock or site, or remains near or at the rolling stock or site—\n\t(a)\tto ensure the safety of persons; or\n\t(b)\tto remove deceased persons or animals from the rolling stock or site; or\n\t(c)\tto move a road vehicle, or the wreckage of a road vehicle, to a safe place; or\n\t(d)\tto protect the environment from significant damage or pollution.\n\t(4)\tAn authorised officer must not unreasonably withhold a permission referred to in subsection (2).\nauthorised officer means a rail safety officer or a police officer.\nSee also Part 5 Division 3 which provides for the issue of a non‑disturbance notice.\nSubdivision 2—Search warrants\n150—Search warrants\n\t(1)\tA rail safety officer may apply to a magistrate for a search warrant for a place.\n\t(2)\tSubject to subsection (6), the application must be sworn and state the grounds on which the warrant is sought.\n\t(3)\tThe magistrate may refuse to consider the application until the rail safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n\t(4)\tThe magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\n\t(a)\tthere is a particular thing or activity (the evidence) that may provide evidence of an offence against this Law; and\n\t(b)\tthe evidence is, or may be within the next 72 hours, at the place.\n\t(5)\tSubject to subsection (6), the search warrant must state—\n\t(a)\tthat a stated rail safety officer may, with necessary and reasonable help and force, enter the place and exercise the powers of the officer; and\n\t(b)\tthe offence for which the search warrant is sought; and\n\t(c)\tthe evidence that may be seized under the search warrant; and\n\t(d)\tthe hours of the day or night when the place may be entered; and\n\t(e)\tthe date, within 7 days after the search warrant's issue, the search warrant ends.\n\t(6)\tA rail safety officer may apply to a magistrate for a search warrant by telephone, fax or other prescribed means if the officer considers the urgency of the situation requires it and, in such a case, the following provisions will apply:\n\t(a)\tthe magistrate may complete and sign the warrant without the provision of sworn evidence and without a written application that states the grounds on which the warrant is sought if the magistrate is satisfied that there are reasonable grounds for issuing the warrant urgently;\n\t(b)\tif the magistrate completes and signs a warrant under paragraph (a), the magistrate must then tell the officer—\n\t(i)\tthe terms of the warrant (as contemplated by subsection (5)); and\n\t(ii)\tthe date on which, and the time at which, the warrant was signed;\n\t(c)\tif steps are taken under paragraph (b), the officer must then—\n\t(i)\tcomplete a form of warrant in the same terms as the warrant signed by the magistrate and write on the form—\n\t(A)\tthe name of the magistrate; and\n\t(B)\tthe date on which, and the time at which, the warrant was signed; and\n\t(ii)\tsend the magistrate the completed form of warrant not later than the day after the warrant is executed or comes to an end;\n\t(d)\ta form of warrant completed by an officer under paragraph (c) has the same force and effect as a warrant signed by the magistrate under subsections (4) and (5).\n151—Announcement before entry on warrant\n\t(1)\tBefore executing a search warrant, the rail safety officer named in the warrant or an assistant to the officer must—\n\t(a)\tannounce that he or she is authorised by the warrant to enter the place; and\n\t(b)\tgive any person at the place an opportunity to allow that entry.\n\t(2)\tHowever, the rail safety officer or an assistant to the officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure—\n\t(a)\tthe safety of any person; or\n\t(b)\tthat the effective execution of the warrant is not frustrated.\n152—Copy of warrant to be given to person with control or management of place\nIf the person who has or appears to have control or management of a place is present at the place when a search warrant is being executed, the rail safety officer must—\n\t(a)\tidentify himself or herself to that person by producing his or her identity card for inspection; and\n\t(b)\tgive that person a copy of the warrant.\nSubdivision 3—Limitation on entry powers\n153—Places used for residential purposes\nDespite anything else in this Division, the powers of a rail safety officer under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—\n\t(a)\twith the consent of the person with control or management of the place; or\n\t(b)\tunder the authority conferred by a search warrant; or\n\t(c)\tfor the sole purpose of gaining access to suspected railway premises, but only—\n\t(i)\tif the officer reasonably believes that no reasonable alternative access is available; and\n\t(ii)\tat a reasonable time, having regard to the times at which the officer believes rail safety work is being carried out at the place to which access is sought.\nSubdivision 4—Specific powers on entry\n154—Power to require production of documents and answers to questions\n\t(1)\tA rail safety officer who enters a place under this Division may—\n\t(a)\trequire a person to tell the officer who has custody of, or access to, a document; or\n\t(b)\trequire a person who has custody of, or access to, a document to produce that document to the officer while the officer is at the place, or within a specified period; or\n\t(c)\trequire a person at the place to answer any questions put by the officer.\n\t(2)\tA requirement under subsection (1)(b) must be made by written notice unless the circumstances require the rail safety officer to have immediate access to the document.\n\t(3)\tAn interview conducted by a rail safety officer under subsection (1)(c) must be conducted in private if—\n\t(a)\tthe rail safety officer considers it appropriate; or\n\t(b)\tthe person being interviewed so requests.\n\t(4)\tSubsection (3) does not limit the operation of section 146 or prevent a representative of the person being interviewed from being present at the interview.\n\t(5)\tSubsection (3) may be invoked during an interview by—\n\t(a)\tthe rail safety officer; or\n\t(b)\tthe person being interviewed,\nin which case the subsection applies to the remainder of the interview.\n\t(6)\tA person must not, without reasonable excuse, fail to comply with a requirement under this section.\n\t(7)\tSubsection (6) places an evidential burden on the accused to show a reasonable excuse.\n155—Abrogation of privilege against self‑incrimination\n\t(1)\tA person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.\n\t(2)\tHowever, the answer to a question or information or a document provided by an individual is not admissible as evidence against that individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, information or document.\n156—Warning to be given\n\t(1)\tBefore requiring a person to answer a question or provide information or a document under this Part, a rail safety officer must—\n\t(a)\tidentify himself or herself to the person as a rail safety officer by producing the officer's identity card or in some other way; and\n\t(b)\twarn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\n\t(c)\twarn the person about the effect of section 155; and\n\t(d)\tadvise the person about the effect of section 245.\n\t(2)\tIt is not an offence for an individual to refuse to answer a question put by a rail safety officer or provide information or a document to a rail safety officer under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c).\n\t(3)\tNothing in this section prevents a rail safety officer from obtaining and using evidence given to the officer voluntarily by any person.\n157—Power to copy and retain documents\n\t(1)\tA rail safety officer may—\n\t(a)\tmake copies of, or take extracts from, a document given to the officer in accordance with a requirement under this Law; and\n\t(b)\tkeep that document for the period that the officer considers necessary.\n\t(2)\tWhile a rail safety officer retains custody of a document, the officer must permit the following persons to inspect or make copies of the document at all reasonable times:\n\t(a)\tthe person who produced the document;\n\t(b)\tthe owner of the document;\n\t(c)\ta person authorised by a person referred to in paragraph (a) or (b).\nSubdivision 5—Powers to support seizure\n158—Power to seize evidence etc\n\t(1)\tA rail safety officer who enters railway premises under section 143 may seize anything (including a document) at the premises if the officer reasonably believes the thing is evidence of an offence against this Law.\n\t(2)\tA rail safety officer who enters a place with a search warrant may seize the evidence for which the warrant was issued.\n\t(3)\tA rail safety officer may also seize anything else at the place if the officer reasonably believes—\n\t(a)\tthe thing is evidence of an offence against this Law; and\n\t(b)\tthe seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n159—Directions relating to seizure\n\t(1)\tTo enable a thing to be seized under this Part, a rail safety officer may direct the person in control of it—\n\t(a)\tto take it to a specified place within a specified time; and\n\t(b)\tif necessary, to remain in control of it at the specified place for a period specified in the direction.\n\t(2)\tA direction under subsection (1)—\n\t(a)\tmust be given by signed written notice given to the person; or\n\t(b)\tif for any reason it is not practicable to give a signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.\n\t(3)\tA further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.\nA further direction may (for example) be that the thing be transported during stated off‑peak hours, be transported along a particular route, or be transported in a particular way.\n\t(4)\tA person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.\n\t(6)\tWithout limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.\n\t(7)\tIn this section—\nin control, in relation to a thing, means having, or reasonably appearing to a rail safety officer as having, authority to exercise control over the thing.\n160—Rail safety officer may direct a thing's return\n\t(1)\tIf a rail safety officer has directed a person to take a thing to a specified place within a specified time under section 159(1), a rail safety officer may direct the person to return the thing to the place from which it was taken.\n\t(2)\tA person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.\n\t(3)\tSubsection (2) places an evidential burden on the accused to show a reasonable excuse.\n161—Receipt for seized things\n\t(1)\tAfter a rail safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing.\n\t(2)\tHowever, if for any reason it is not practicable to comply with subsection (1), the rail safety officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n\t(3)\tThe receipt must describe generally the thing seized and its condition.\n\t(4)\tThis section does not apply if it would be impracticable or unreasonable to expect the rail safety officer to account for the thing, given its condition, nature and value.\n162—Forfeiture of seized things\n\t(1)\tA seized thing is forfeited to the Regulator if the Regulator—\n\t(a)\tcannot find the person entitled to the thing after making reasonable inquiries; or\n\t(b)\tcannot return it to the person entitled to it, after making reasonable efforts; or\n\t(c)\treasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Law.\n\t(2)\tSubsection (1)(a) does not require the Regulator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.\n\t(3)\tSubsection (1)(b) does not require the Regulator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.\n\t(4)\tIf the Regulator decides to forfeit the thing under subsection (1)(c), the Regulator must tell the person entitled to the thing of the decision by written notice.\n\t(5)\tSubsection (4) does not apply if—\n\t(a)\tthe Regulator cannot find the person entitled to the thing, after making reasonable inquiries; or\n\t(b)\tit is impracticable or would be unreasonable to give the notice.\n\t(6)\tThe notice must state—\n\t(a)\tthe reasons for the decision; and\n\t(b)\tinformation about the right of review under Part 7.\n\t(7)\tIn deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.\n\t(8)\tAny costs reasonably incurred by the Regulator in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Regulator from that person.\n\t(9)\tIn this section—\nperson entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.\n163—Return of seized things\n\t(1)\tIf a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Regulator for the return of the thing after the end of 6 months after it was seized.\n\t(2)\tThe Regulator must return the thing to the applicant under subsection (1) unless the Regulator has reasonable grounds to retain the thing.\n\t(3)\tThe Regulator may impose any conditions on the return of the thing under this section that the Regulator considers appropriate to eliminate or minimise any risk to rail safety related to the thing.\nperson entitled to a thing means the person entitled to possess the thing or the owner of the thing.\n164—Access to seized thing\n\t(1)\tUntil a seized thing is forfeited or returned under this Part, a rail safety officer must allow its owner to inspect it and, if it is a document, to copy it.\n\t(2)\tSubsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.\nDivision 6—Damage and compensation\n165—Damage etc to be minimised\nIn the exercise, or purported exercise, of a power under this Law, a rail safety officer must take all reasonable steps to ensure that the officer, and any assistant to the officer, cause as little inconvenience, detriment and damage as is practicable.\n166—Rail safety officer to give notice of damage\n\t(1)\tThis section applies if a rail safety officer or an assistant to a rail safety officer damages a thing when exercising or purporting to exercise a power under this Law.\n\t(2)\tThe rail safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.\n\t(3)\tIf the rail safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice.\n\t(4)\tIf, for any reason, it is impracticable to comply with subsection (2), the rail safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n\t(5)\tThis section does not apply to damage the rail safety officer reasonably believes is trivial.\n167—Compensation\n\t(1)\tA person may claim compensation from the Regulator if the person incurs loss or expense because of the exercise or purported exercise of a power under Division 5.\n\t(2)\tCompensation may be claimed and ordered in a proceeding—\n\t(a)\tbrought in a court of competent jurisdiction; or\n\t(b)\tfor an offence against this Law brought against the person claiming compensation.\n\t(3)\tThe court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n\t(4)\tThe national regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n168—Power to require name and address\n\t(1)\tA rail safety officer may require a person to provide the person's name and residential address if—\n\t(a)\tthe officer finds the person committing an offence against this Law; or\n\t(b)\tthe officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Law; or\n\t(c)\tthe officer reasonably believes that the person may be able to assist in the investigation of an offence against this Law.\n\t(2)\tWhen asking a person to provide the person's name and residential address, the rail safety officer must—\n\t(a)\ttell the person the reason for the requirement to provide the person's name and residential address; and\n\t(b)\twarn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.\n\t(3)\tIf the rail safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness.\n\t(4)\tA person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).\n168A—Power to direct production of documents\n\t(1)\tA rail safety officer may direct a person to make available for inspection by the officer, or produce to the officer for inspection, at a specified time and place—\n\t(a)\ta document that is required to be kept by the person under this Law; or\n\t(b)\ta document that is prepared by the person under this Law for the management of rail infrastructure or the operation of rolling stock that the officer reasonably believes is necessary for the officer to consider to understand or verify a document that is required to be kept under this Law; or\n\t(c)\ta document held by, or under the control of, the person relating to the carrying out of railway operations.\nA safety management system may require testing of equipment as part of a scheduled maintenance program and a record of the results of the test to be kept. If an item of equipment is tested in accordance with the safety management system, the document that states the results of the test is a document prepared under the safety management system.\n\t(2)\tWhen giving a direction under subsection (1), the rail safety officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.\n\t(3)\tThe rail safety officer may keep the document to copy it but must return the document to the person after copying it.\n\t(4)\tA person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).\n169—Rail safety officer may take affidavits\nA rail safety officer is authorised to take affidavits for any purpose relating or incidental to the exercise of his or her powers under this Law.\n170—Attendance of rail safety officer at inquiries\nA rail safety officer may participate in any inquiry into the cause of any death or injury of a rail safety worker while carrying out rail safety work, or into any other incident or event relevant to safety at railway premises.\n171—Directions may be given under more than 1 provision\n\t(1)\tA rail safety officer may, on the same occasion, give directions under 1 or more provisions of this Law.\n\t(2)\tWithout limiting subsection (1), a rail safety officer may, in the course of exercising powers under a provision of this Law, give—\n\t(a)\tfurther directions under the provision; or\n\t(b)\tdirections under 1 or more other provisions of this Law,\nor both.\nDivision 8—Offences in relation to rail safety officers\n172—Offence to hinder or obstruct rail safety officer\nA person must not intentionally hinder or obstruct a rail safety officer in exercising his or her powers under this Law, or induce or attempt to induce any other person to do so.\n173—Offence to impersonate rail safety officer\nA person who is not a rail safety officer must not, in any way, hold himself or herself out to be a rail safety officer.\n174—Offence to assault, threaten or intimidate rail safety officer\nA person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, a rail safety officer or a person assisting a rail safety officer.\n\t(a)\tin the case of an individual—$50 000 or imprisonment for 2 years, or both;\n\t(b)\tin the case of a body corporate—$250 000.\nPart 5—Enforcement measures\nDivision 1—Improvement notices\n175—Issue of improvement notices\n\t(1)\tThis section applies if a rail safety officer reasonably believes that a person—\n\t(a)\tis contravening a provision of this Law; or\n\t(b)\thas contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; or\n\t(c)\tis carrying out or has carried out—\n\t(i)\trailway operations that threaten safety; or\n\t(ii)\tother operations that threaten rail safety.\n\t(2)\tSubject to this section, the rail safety officer may issue an improvement notice requiring the person—\n\t(a)\tto remedy the contravention; or\n\t(b)\tto prevent a likely contravention from occurring; or\n\t(c)\tto remedy the things or operations causing the contravention or likely contravention; or\n\t(d)\tto carry out railway operations or other operations so that safety is not threatened or likely to be threatened.\n\t(3)\tBefore serving an improvement notice issued to a person on a ground stated in subsection (1)(a) or (b) that includes a direction that the person take specified action to remedy the contravention or prevent the likely contravention, or to remedy the things or operations causing the contravention or likely contravention, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person—\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.\n\t(4)\tBefore serving an improvement notice issued to a person on a ground stated in subsection (1)(c) that includes a direction that the person take specified action by which railway operations or other operations may be carried out so that safety is not threatened or likely to be threatened, the Regulator must, if of the opinion that the action is likely to result in significant costs or expenses to the person or any other person—\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.\n\t(5)\tSubsections (3) and (4) do not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the person or any other person, the Regulator must, as soon as practicable after taking the action—\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.\n176—Contents of improvement notices\n\t(1)\tAn improvement notice must—\n\t(a)\tif the notice relates to a contravention or likely contravention of this Law—\n\t(i)\tstate that the rail safety officer believes the person—\n\t(A)\tis contravening a provision of this Law; or\n\t(B)\thas contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; and\n\t(ii)\tstate the provision the officer believes is being, or has been, contravened; and\n\t(iii)\tbriefly, state how the provision is being, or has been, contravened; and\n\t(iv)\tstate the day before which the person is required to remedy the contravention or likely contravention; and\n\t(b)\tin any other case—\n\t(i)\tstate that the rail safety officer believes the person is carrying out or has carried out—\n\t(A)\trailway operations that threaten safety; or\n\t(B)\tother operations that threaten rail safety; and\n\t(ii)\tbriefly, state how—\n\t(A)\tthe railway operations are threatening, or have threatened, safety; or\n\t(B)\tthe other operations are threatening, or have threatened, rail safety; and\n\t(iii)\tstate the day before which the person is required to carry out railway operations or other operations so that safety is not threatened or likely to be threatened; and\n\t(c)\tif a cost‑benefit analysis has been carried out under section 175, set out the results of that analysis; and\n\t(d)\tset out the penalty for non‑compliance with the notice; and\n\t(e)\tinclude information about the right to a review under Part 7 of the decision to serve the notice; and\n\t(f)\tstate that the notice is served under this section.\n\t(2)\tAn improvement notice served on a person on a ground stated in section 175(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates.\n\t(3)\tAn improvement notice served on a person on the ground stated in section 175(1)(c) may include directions concerning the action to be taken by which railway operations or other operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened.\n\t(4)\tThe day stated for compliance with the improvement notice must be reasonable in all the circumstances.\n177—Compliance with improvement notice\nThe person to whom an improvement notice is issued must comply with the notice within the period specified in the notice.\n178—Extension of time for compliance with improvement notices\n\t(1)\tThis section applies if a person has been issued with an improvement notice.\n\t(2)\tA rail safety officer may, by written notice given to the person, extend the compliance period for the improvement notice.\n\t(3)\tHowever, the rail safety officer may only extend the compliance period if the period has not ended.\ncompliance period means the period stated in the improvement notice under section 176, and includes that period as extended under this section.\nDivision 2—Prohibition notices\n179—Issue of prohibition notice\n\t(1)\tThis section applies if a rail safety officer reasonably believes that—\n\t(a)\tan activity is occurring in relation to railway operations or railway premises that involves or will involve an immediate risk to safety; or\n\t(b)\tan activity may occur in relation to railway operations or railway premises that, if it occurs, will involve an immediate risk to safety; or\n\t(c)\tan activity may occur at, on, or in, the immediate vicinity of rail infrastructure or rolling stock that, if it occurs, will involve an immediate risk to safety.\n\t(2)\tThe rail safety officer may issue a prohibition notice to a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until a rail safety officer is satisfied that the matters that give or will give rise to the risk have been remedied.\n\t(3)\tA prohibition notice may be issued orally, but must be confirmed by written notice given to the person as soon as practicable.\n180—Contents of prohibition notice\n\t(1)\tA prohibition notice must—\n\t(a)\tstate that the rail safety officer believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and\n\t(b)\tbriefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and\n\t(c)\tstate the provision (if any) of this Law that the officer believes is being, or is likely to be, contravened by that activity; and\n\t(d)\tset out the penalty for contravening the notice; and\n\t(e)\tinclude information about the right to a review under Part 7 of the decision to serve the notice; and\n\t(f)\tstate that the notice is served under this section.\n\t(2)\tA prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).\n\t(3)\tA direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).\n\t(4)\tWithout limiting section 179, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following:\n\t(a)\ta place, or part of a place, at which the activity is not to be carried out;\n\t(b)\tany thing that is not to be used in connection with the activity;\n\t(c)\tany procedure that is not to be followed in connection with the activity.\n181—Compliance with prohibition notice\nThe person to whom a direction is given under this Division or a prohibition notice is issued must comply with the direction or notice.\nDivision 3—Non‑disturbance notices\n182—Issue of non‑disturbance notice\nA rail safety officer may issue a non‑disturbance notice to the person with control or management of railway premises if the officer reasonably believes that it is necessary to do so to facilitate the exercise of his or her powers under this Law.\n183—Contents of non‑disturbance notice\n\t(1)\tA non‑disturbance notice may require the person to—\n\t(a)\tpreserve the site at which a notifiable occurrence has occurred for a specified period; or\n\t(b)\tprevent the disturbance of a particular site (including the operation of plant or rolling stock) in other circumstances for a specified period that is reasonable in the circumstances.\n\t(2)\tA non‑disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—\n\t(a)\tthe obligations of the person to whom the notice is issued; and\n\t(b)\tthe measures to be taken to preserve a site or prevent disturbance of a site; and\n\t(c)\tinformation about the right to a review under Part 7 of the decision to serve the notice; and\n\t(d)\tthe penalty for contravening the notice.\n\t(3)\tIn subsection (1), a reference to a site includes any rail infrastructure, rolling stock, substance or other thing associated with the site.\n\t(4)\tA non‑disturbance notice does not prevent any action—\n\t(a)\tto assist an injured person; or\n\t(b)\tto remove a deceased person; or\n\t(c)\tthat is essential to make the site safe or prevent a further incident; or\n\t(d)\tthat is associated with a police investigation; or\n\t(e)\tin respect of which a rail safety officer has given permission.\n184—Compliance with non‑disturbance notice\n\t(1)\tA person must not, without reasonable excuse, fail to comply with a non‑disturbance notice issued to the person.\n185—Issue of subsequent notices\nIf a rail safety officer considers it necessary to do so, he or she may issue 1 or more subsequent non‑disturbance notices to a person, whether before or after the expiry of the previous notice, each of which must comply with section 183.\nDivision 4—General requirements applying to notices\n186—Application of Division\nnotice means an improvement notice, or a prohibition notice or non‑disturbance notice.\n187—Notice to be in writing\n\t(1)\tSubject to subsection (2), a notice must be in writing.\n\t(2)\tA prohibition notice may be issued orally, but must be confirmed by written notice as soon as practicable.\n188—Directions in notices\nA direction included in an improvement notice or prohibition notice may—\n\t(a)\trefer to an approved code of practice; and\n\t(b)\toffer the person to whom it is issued a choice of ways in which to remedy the contravention.\n189—Recommendations in notice\n\t(1)\tAn improvement notice or prohibition notice may include recommendations.\n\t(2)\tIt is not an offence to fail to comply with recommendations in an improvement notice or a prohibition notice.\n190—Variation or cancellation of notice by rail safety officer\n\t(1)\tA rail safety officer may make minor changes to a notice—\n\t(a)\tfor clarification; or\n\t(b)\tto correct errors or references; or\n\t(c)\tto reflect changes of address or other circumstances.\n\t(2)\tA rail safety officer may extend the compliance period for an improvement notice in accordance with section 178.\n\t(3)\tA rail safety officer may cancel a notice.\n191—Formal irregularities or defects in notice\nA notice is not invalid merely because of—\n\t(a)\ta formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\t(b)\ta failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued or given to the person in accordance with section 192.\n192—Serving notices\n\t(1)\tA notice may be served on a person—\n\t(a)\tin accordance with section 258; or\n\t(b)\tby leaving it for the person at the railway premises to which the notice relates with a person who is or appears to be the person with control or management of the premises; or\n\t(c)\tin a prescribed manner.\n\t(2)\tThe national regulations may prescribe—\n\t(a)\tthe manner of serving a notice; and\n\t(b)\tthe steps a person on whom a notice is served must take to bring it to the attention of other persons.\nDivision 5—Remedial action\n193—When Regulator may carry out action\n\t(1)\tThis section applies if a person to whom a prohibition notice is issued fails to take reasonable steps to comply with the notice.\n\t(2)\tThe Regulator may take any remedial action the Regulator believes reasonable to make the railway premises or situation safe after giving written notice to the person to whom the prohibition notice was issued of—\n\t(a)\tthe Regulator's intention to take that action; and\n\t(b)\tthe owner's or person's liability for the costs of that action.\n194—Power of Regulator to take other remedial action\n\t(1)\tThis section applies if the Regulator reasonably believes that—\n\t(a)\tcircumstances in which a prohibition notice can be issued exist; and\n\t(b)\ta prohibition notice cannot be issued at railway premises because, after taking reasonable steps, the person with control or management of the premises cannot be found.\n\t(2)\tThe Regulator may take any remedial action necessary to make the railway premises safe.\n195—Costs of remedial or other action\nThe Regulator may recover the reasonable costs of any remedial action taken under—\n\t(a)\tsection 193 from the person to whom the notice is issued; or\n\t(b)\tsection 194 from any person to whom the prohibition notice could have been issued in respect of the matter,\nas a debt due to the Regulator.\nDivision 6—Injunctions\n196—Application of Division\nnotice means an improvement notice, or a prohibition notice or non‑disturbance notice.\n197—Injunctions for non‑compliance with notices\n\t(1)\tThe Regulator may apply to the court for an injunction—\n\t(a)\tcompelling a person to comply with a notice; or\n\t(b)\trestraining a person from contravening a notice.\n\t(2)\tThe Regulator may do so—\n\t(a)\twhether or not proceedings have been brought for an offence against this Law in connection with any matter in respect of which the notice was issued; and\n\t(b)\twhether any period for compliance with the notice has expired.\nDivision 7—Miscellaneous\n198—Response to certain reports\n\t(1)\tThe Regulator may, if of the opinion as a result of a report to which this section applies that action is necessary for the purpose of the safe construction or operation of a railway, direct a rail transport operator, by written notice, to install on or with respect to the infrastructure of the railway, or on or with respect to rolling stock, within the time specified in the notice, safety or protective systems, devices, equipment or appliances specified in the notice.\n\t(2)\tA direction under this section must state the reasons why the Regulator considers it is necessary for the rail transport operator to take the action specified in the direction and include information about the right of review under Part 7.\n\t(3)\tIf the action specified to be taken in a direction is, in the opinion of the Regulator, likely to result in significant costs or expenses to the rail transport operator, the Regulator must, before giving the direction—\n\t(a)\tconduct or cause to be conducted a cost‑benefit analysis of the effect of taking the action; and\n\t(b)\tconsult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action.\n\t(4)\tA rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section.\n\t(6)\tA report to which this section applies is—\n\t(a)\ta report (including any recommendations) following an inquest held by a coroner under an Act of a participating jurisdiction; or\n\t(b)\ta report of an investigation held under the Transport Safety Investigation Act 2003 of the Commonwealth; or\n\t(c)\tany other report of an investigation into a matter relating to rail safety.\n199—Power to require works to stop\n\t(1)\tA person (other than a rail transport operator) must, before carrying out any works near a railway that threaten, or are likely to threaten—\n\t(a)\tthe safety of the railway; or\n\t(b)\tthe operational integrity of the railway,\nnotify the relevant rail infrastructure manager of the intention to carry out those works.\n\t(1a)\tIf a rail infrastructure manager believes on reasonable grounds that proposed works of which the manager has been notified under subsection (1) threaten, or are likely to threaten—\n\t(a)\tthe safety of the manager's railway; or\n\t(b)\tthe operational integrity of the manager's railway,\nthe manager may, by written notice, give the person advice in connection with the proposed work.\n\t(2)\tIf—\n\t(a)\ta person is carrying out, or proposes to carry out, works near a railway; and\n\t(b)\tthe Regulator believes on reasonable grounds that the works threaten, or are likely to threaten—\n\t(i)\tthe safety of the railway; or\n\t(ii)\tthe operational integrity of the railway,\nthe Regulator may, by written notice, give the person a direction to stop, alter or not to commence the work.\n\t(3)\tIf—\n\t(a)\ta rail transport operator is carrying out, or proposes to carry out, railway operations on or near land on which there is infrastructure, or works, of a utility; and\n\t(b)\tthe Regulator believes on reasonable grounds that the railway operations threaten, or are likely to threaten—\n\t(i)\tthe safety of the utility infrastructure or works; or\n\t(ii)\tthe safe provision by the utility of water, gas or electricity or other like services,\nthe Regulator may, by written notice, give the operator a direction to stop, alter or not to commence the railway operations.\n\t(4)\tA person who is given a notice under subsection (2) or (3) must comply with the direction set out in the notice unless the person has a reasonable excuse.\n\t(5)\tIf a person carries out work in contravention of subsection (1) or a direction given under subsection (2) or (3), the Regulator may, by written notice, direct a person who has the care, control or management of the land where the infrastructure or works are situated to alter, demolish or take away the work within a reasonable time specified in the notice.\n\t(6)\tA person who is given a notice under subsection (5) must comply with the requirement unless the person has a reasonable excuse.\n\t(7)\tSubsections (4) and (6) place an evidential burden on the accused to show a reasonable excuse.\n\t(8)\tSubject to subsection (9), a notice under this section must—\n\t(a)\tinclude information about the right to a review under Part 7 of the decision to serve the notice; and\n\t(b)\tstate that the notice is served under this section.\n\t(9)\tSubsection (8)(a) does not apply to a notice under subsection (1a).\n200—Temporary closing of level crossings, bridges etc\n\t(1)\tAn authorised officer may close temporarily or regulate a level crossing, bridge, subway or other structure for crossing or passing over or under a railway if satisfied it is necessary because of an immediate threat to safety.\n\t(2)\tIf an authorised officer decides to close temporarily or regulate a level crossing, bridge, subway or other structure, the authorised officer must, as soon as practicable after its closure or regulation, notify the person or authority responsible for the level crossing, bridge, subway or other structure of its closure or regulation.\nauthorised officer means—\n\t(a)\ta person who holds a specific authority from the Regulator for the purposes of this section; or\n\t(b)\ta person who holds a specific authority issued by an accredited person for the purposes of this section.\n201—Use of force\nA power conferred by this Law to enter railway premises, or to do anything in or on railway premises, may not be exercised unless the rail safety officer or a person assisting a rail safety officer proposing to exercise the power, uses no more force than is reasonably necessary to effect the entry or to do the thing for which the entry is effected.\n202—Power to use force against persons to be exercised only by police officers\nA provision in this Law that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.\nPart 6—Exemptions\nDivision 1—Ministerial exemptions\n203—Ministerial exemptions\n\t(1)\tThe Minister may, after consultation with the Regulator, by notice in the Gazette, grant exemptions from this Law or specified provisions of this Law in respect of railway operations carried out, or proposed to be carried out, in this jurisdiction—\n\t(a)\tto a person specified by the Minister; or\n\t(b)\tin relation to a railway specified by the Minister.\n\t(2)\tThe Minister may grant an exemption under subsection (1)—\n\t(a)\ton conditions specified in the notice; and\n\t(b)\tfor a period (not exceeding 3 months) specified in the notice.\n\t(3)\tThe Minister may, at any time, by further notice in the Gazette—\n\t(a)\tvary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or\n\t(ab)\tcancel an exemption; or\n\t(b)\tvary or cancel a condition of an exemption.\n\t(4)\tA person who has been granted an exemption under this section who contravenes a condition imposed on the exemption is guilty of an offence.\n","sortOrder":23},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Exemptions granted by Regulator in event of emergency","content":"Division 1A—Exemptions granted by Regulator in event of emergency\n203A—Exemptions granted by Regulator in event of emergency\n\t(1)\tThe Regulator may, in the event of an emergency, by notice in the South Australian Government Gazette, exempt rail transport operators or rail transport operators of a class, from the operation of section 114 in respect of the railway operations, or specified railway operations, of the operator.\n\t(2)\tThe Regulator may grant an exemption under subsection (1)—\n\t(a)\ton conditions specified in the notice; and\n\t(b)\tfor a period (not exceeding 3 months) specified in the notice.\n\t(3)\tThe Regulator may, at any time, by further notice in the South Australian Government Gazette—\n\t(a)\tvary an exemption (but not so as to extend the operation of the exemption to exceed the period referred to in subsection (2)(b)); or\n\t(b)\tcancel an exemption; or\n\t(c)\tvary or cancel a condition of an exemption.\n\t(4)\tA rail transport operator who, without reasonable excuse, contravenes a condition of an exemption that applies to the operator is guilty of an offence.\n\t(5)\tSubsection (4) places an evidential burden on the accused to show a reasonable excuse.\n\t(6)\tThe Regulator must publish a copy of a notice under this section on the ONRSR's website.\n\t(7)\tIn this section—\nemergency means an event or circumstance that is declared to be an emergency or disaster by—\n\t(a)\tthe Commonwealth or a State or Territory; or\n\t(b)\ta Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.\nDivision 2—Exemptions granted by Regulator on application\nSubdivision 1—Interpretation\n204—Interpretation\ndesignated provision of this Law means a provision of—\n\t(a)\tPart 3 Division 4; or\n\t(b)\tPart 3 Division 5; or\n\t(c)\tPart 3 Division 6 Subdivision 3.\nSubdivision 2—Procedures for conferring exemptions\n205—Application for exemption\n\t(1)\tA rail transport operator may apply to the Regulator for an exemption from a designated provision of this Law in respect of specified railway operations carried out, or proposed to be carried out, by or on behalf of the operator.\n\t(a)\tmust specify the scope and nature of the railway operations in respect of which an exemption is sought; and\n\t(b)\tif the railway operations include the operation or movement of rolling stock on a railway—must include details about the operation or movement of rolling stock; and\n\t(c)\tmust contain the prescribed information; and\n\t(d)\tmust be accompanied by the prescribed application fee.\n\t(3)\tThe Regulator may require a rail transport operator who has applied for an exemption—\n206—What applicant must demonstrate\nThe Regulator must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—\n\t(a)\tthat the applicant is, or is to be, a rail infrastructure manager or rolling stock operator in relation to the railway operations in respect of which the exemption is sought; and\n\t(b)\tthat the applicant—\n\t(i)\thas the financial capacity, or has public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations; and\n\t(ii)\thas complied with the requirements prescribed by the national regulations (if any) for the purposes of this section.\n207—Determination of application\n\t(a)\tif the Regulator is satisfied as to the matters referred to in section 206—notify the applicant that an exemption from a designated provision of this Law has been granted, with or without conditions or restrictions; or\n\t(2)\tAn exemption under this Division is subject to—\n\t(a)\tany conditions or restrictions prescribed by the national regulations for the purposes of this section that are applicable to the exemption; and\n\t(b)\tany other condition or restriction imposed on the exemption by the Regulator.\n\t(3)\tNotification under this section—\n\t(b)\tif the exemption has been granted, must specify—\n\t(ii)\tthe scope and nature of the railway operations, and the manner in which they are to be carried out, in respect of which the exemption is granted; and\n\t(iii)\tany condition or restriction imposed by the Regulator under this section on the exemption; and\n\t(c)\tif a condition or restriction has been imposed on the exemption, must include—\n\t(d)\tif the application has been refused must include—\n\t(e)\tif the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\nSubdivision 3—Variation of an exemption\n208—Application for variation of an exemption\n\t(1)\tA rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Regulator for a variation of the exemption.\n\t(2)\tA rail transport operator who has been granted an exemption under this Division must apply to the Regulator for a variation of the exemption if—\n\t(a)\tthe applicant proposes to vary the scope and nature of the railway operations in respect of which the exemption has been granted; or\n\t(b)\tany other variation is proposed in respect of the railway operations in respect of which the exemption has been granted that should be reflected in the exemption.\n\t(b)\tmust contain the prescribed information; and\n\t(c)\tmust be accompanied by the prescribed application fee.\n\t(4)\tThe Regulator may require an applicant for a variation—\n209—Determination of application for variation\n\t(a)\tif the Regulator is satisfied as to the matters referred to in section 206 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or\n\t(b)\tif the exemption has been varied, must specify—\n\t(ii)\tthe variation to the exemption so far as it applies to the scope and nature of the railway operations, or the manner in which they are to be carried out; and\n\t(iii)\tany conditions and restrictions imposed by the Regulator on the exemption as varied; and\n\t(c)\tif a condition or restriction has been imposed on the exemption as varied, must include—\n\t(e)\tif the relevant period in relation to an application has been extended, must include information about the right of review under Part 7.\n\t(b)\tif the Regulator requested further information, 6 months, or such other period, as is agreed between the Regulator and the applicant, after the Regulator receives the last information so requested; or\n\t(c)\tif the Regulator, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,\n210—Prescribed conditions and restrictions\nAn exemption granted to a rail transport operator that is varied under this Division is subject to any conditions or restrictions prescribed by the national regulations that are applicable to the exemption as varied.\n211—Variation of conditions and restrictions\n\t(1)\tA rail transport operator who has been granted an exemption under this Division may, at any time, apply to the Regulator for a variation of a condition or restriction imposed by the Regulator to which the exemption is subject.\n\t(2)\tAn application for variation of a condition or restriction must be made as if it were an application for variation of an exemption (and section 208 applies accordingly).\n\t(3)\tThe Regulator must consider the application and, if satisfied as to the matters referred to in sections 206 and 207 (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.\n\t(4)\tNotification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 7.\n212—Regulator may make changes to conditions or restrictions\n\t(1)\tThe Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator on an exemption granted to a rail transport operator under this Division or impose a new condition or restriction.\n\t(a)\tgive the rail transport operator written notice of the action that the Regulator proposes to take; and\n\t(b)\tallow the operator to make written representations about the intended action within 28 days (or any other period that the Regulator and the operator agree on); and\n\t(c)\tconsider any representations made under paragraph (b) and not withdrawn.\n\t(3)\tThe Regulator must, by written notice given to the rail transport operator, provide—\n\t(a)\tdetails of any action taken under this section; and\n\t(b)\ta statement of reasons for any action taken under this section; and\nSubdivision 4—Cancellation, suspension or surrender of an exemption\n213—Cancellation or suspension of an exemption\n\t(1)\tThis section applies in respect of a rail transport operator who has been granted an exemption under this Division if—\n\t(a)\tthe Regulator considers that the operator—\n\t(i)\tis no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 206 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or\n\t(ii)\tis not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the exemption relates and has not done so for at least the preceding 12 months; or\n\t(b)\tthe operator contravenes this Law.\n\t(a)\tsuspend the exemption for a period determined by the Regulator; or\n\t(b)\tcancel the exemption with immediate effect or with effect from a specified future date; or\n\t(c)\timpose conditions or restrictions on the exemption; or\n\t(d)\tvary conditions or restrictions to which the exemption is subject.\n\t(a)\tmust notify the rail transport operator in writing—\n\t(i)\tthat the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and\n\t(ii)\tthat the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and\n\t(4)\tIf the Regulator suspends or cancels the exemption, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7.\n\t(5)\tThe Regulator may withdraw a suspension of the exemption by written notice given to the rail transport operator.\n213A—Surrender of exemption\n\t(1)\tAn exemption granted under this Division may only be surrendered in accordance with this section.\n\t(2)\tIf a rail transport operator intends to surrender an exemption, the operator must—\n\t(a)\tgive the Regulator written notice of the intention to surrender the exemption; and\n\t(b)\tprovide the Regulator with details as to the arrangements proposed in relation to the cessation of the operator's relevant railway operations.\n\t(3)\tIf the Regulator is satisfied as to the arrangements proposed in relation to the cessation of the relevant railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the rail transport operator, inform the operator that the exemption may be surrendered in accordance with the proposed arrangements on the date specified in the notice.\n\t(4)\tIf the Regulator is not satisfied as to the arrangements proposed in relation to the cessation of the relevant railway operations, the Regulator must, as soon as reasonably practicable, by written notice given to the rail transport operator, inform the operator—\n\t(c)\tthat the exemption may not be surrendered until the Regulator is satisfied as to the proposed arrangements.\nSubdivision 5—Penalty for breach of condition or restriction\n214—Penalty for breach of condition or restriction\nA rail transport operator who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.\n","sortOrder":24},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Increase in fee amounts and waiver of fees","content":"Subdivision 6—Increase in fee amounts and waiver of fees\n214AA—Increase in fee amounts\n\t(1)\tThe national regulations may provide that the amount of any fee payable under this Division may be increased from the amount that applied in relation to the period immediately prior to the period in respect of which the fee is payable in accordance with a method prescribed by the national regulations for the purposes of this section.\n\t(a)\tmay operate to increase a fee whose amount has already been increased by a previous application or applications of that method; and\n\t(b)\tmay operate such that it results in no increase occurring in relation to a particular period in respect of which the fee is payable.\n\t(3)\tAs soon as practicable, but before 1 July of each year, the Regulator must publish the amounts of each fee that apply following the application of the prescribed method as from that date—\n214A—Waiver of fees\n","sortOrder":25},{"sectionNumber":"Part 7","sectionType":"part","heading":"Review of decisions","content":"Part 7—Review of decisions\n215—Reviewable decisions\n\t(1)\tThe following table sets out—\n\t(a)\tdecisions made under this Law that are reviewable in accordance with this Part (reviewable decisions); and\n\t(b)\twho is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).\n\nItem\nProvision under which reviewable decision is made\nEligible person in relation to reviewable decision\nA1\nSection 64 (decision of the Regulator to charge additional application (complex operations) fee)\nA rail transport operator who is required to pay the additional application (complex operations) fee\nSection 67 (refusal to accredit or imposing conditions or restrictions on accreditation)\nA rail transport operator whose application for accreditation is refused or is subject to conditions or restrictions \nSection 67 (extending the period for determining an application)\nA rail transport operator who has applied for accreditation\nSection 69 (refusal to grant variation of accreditation or imposing a condition or restriction)\nA rail transport operator whose application for variation of accreditation is refused\nSection 69 (grant of variation of accreditation subject to conditions or restrictions)\nA rail transport operator whose accreditation is varied subject to a condition or restriction\nSection 69 (extending the period for determining an application for variation)\nA rail transport operator who has applied for variation of accreditation\nSection 71 (refusal to grant variation of a condition or restriction of accreditation)\nA rail transport operator whose application for variation of a condition or restriction is refused\nSection 72 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction)\nA rail transport operator whose conditions or restrictions of accreditation are changed\nSection 73 (cancellation or suspension of accreditation)\nA rail transport operator whose accreditation is cancelled or suspended\nSection 74 (immediate suspension)\nA rail transport operator whose accreditation is suspended\nSection 74 (extension of immediate suspension)\nA rail transport operator whose accreditation is suspended\nSection 75 (surrender of accreditation)\nAn accredited person whose application for surrender of accreditation has been refused\n11A\nSection 76 (if the national regulations so provide—decision of the Regulator to charge a particular fee according to a factor determined by the Regulator)\nAn accredited person who is required to pay a particular fee\nSection 86 (refusal to register or imposing conditions or restrictions on registration)\nA rail infrastructure manager whose application for registration is refused or is subject to conditions or restrictions \nSection 86 (extending the period for determining an application)\nA rail infrastructure manager who has applied for registration\nSection 88 (refusal to grant variation of registration or imposing a condition or restriction)\nA rail infrastructure manager whose application for variation of registration is refused\nSection 88 (grant of variation of registration subject to conditions or restrictions)\nA rail infrastructure manager whose registration is varied subject to a condition or restriction\nSection 88 (extending the period for determining an application for variation)\nA rail infrastructure manager who has applied for variation of registration\nSection 90 (refusal to grant variation of a condition or restriction of registration)\nA rail infrastructure manager whose application for variation of a condition or restriction is refused\nSection 91 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction)\nA rail infrastructure manager whose conditions or restrictions of registration are changed\nSection 92 (cancellation or suspension of registration)\nA rail infrastructure manager whose registration is cancelled or suspended\nSection 93 (immediate suspension)\nA rail infrastructure manager whose registration is suspended\nSection 93 (extension of immediate suspension)\nA rail infrastructure manager whose registration is suspended\nSection 94 (surrender of registration)\nA registered person whose application for surrender of registration has been refused\nSection 104 (direction to amend safety management system)\nA rail transport operator given a direction to amend a safety management system\nSection 162 (forfeiture of seized thing)\nA person who is entitled to the thing\nSection 175 (decision to serve an improvement notice)\nA person on whom an improvement notice is served\nSection 178 (extension of time for compliance with improvement notice)\nA person on whom an improvement notice is served\nSection 179 (decision to serve a prohibition notice)\nA person on whom a prohibition notice is served\nSection 182 (decision to serve a non‑disturbance notice)\nA person on whom a non‑disturbance notice is served\nSection 185 (decision to issue subsequent non‑disturbance notice)\nA person on whom a subsequent non‑disturbance notice is served\nSection 198 (direction to take specified action following report)\nA rail transport operator given a direction to take specified action\nSection 199 (decision to serve notice giving a direction)\nA person given a direction to stop, alter or not to commence works on or near a railway\nA rail transport operator given a direction to stop, alter or not to commence railway operations\nA person given a direction to alter, demolish or take away work\nSection 205 (refusal to exempt or imposing conditions or restrictions on exemption)\nA rail transport operator whose application for exemption is refused or is subject to conditions or restrictions \nSection 205 (extending the period for determining an application)\nA rail transport operator who has applied for an exemption\nSection 209 (refusal to grant variation of exemption or imposing a condition or restriction)\nA rail transport operator whose application for variation of an exemption is refused\nSection 209 (grant of variation of exemption subject to conditions or restrictions)\nA rail transport operator whose exemption is varied subject to a condition or restriction\nSection 209 (extending the period for determining an application for variation)\nA rail transport operator who has applied for variation of an exemption\nSection 211 (refusal to grant variation of a condition or restriction of exemption)\nA rail transport operator whose application for variation of a condition or restriction is refused\nSection 212 (variation or cancellation of a condition or restriction, or imposition of a new condition or restriction)\nA rail transport operator whose conditions or restrictions of an exemption are changed\nSection 213 (cancellation or suspension of exemption)\nA rail transport operator whose exemption is cancelled or suspended\nSection 213A (surrender of exemption)\nA rail transport operator whose notice of surrender of exemption has been refused\n\t(2)\tUnless the contrary intention appears, a reference in this Part to a decision includes a reference to—\n\t(a)\tinclude information about the right to a review under Part 7 of the decision to serve the notice; or\n\t(b)\tstate that the notice is served under this section; or\n\t(c)\tmaking, suspending, cancelling or refusing to make a determination or decision; or\n\t(d)\tgiving, suspending, cancelling or refusing to give a direction, approval, consent or permission; or\n\t(e)\tissuing, suspending, cancelling or refusing to issue an accreditation or a registration, or to grant an exemption; or\n\t(f)\timposing a condition; or\n\t(g)\tmaking a declaration, demand or requirement; or\n\t(h)\tretaining, or refusing to deliver up, an article; or\n\t(i)\tdoing or refusing to do any other act or thing.\nperson entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.\n216—Review by Regulator\n\t(1)\tAn eligible person—\n\t(a)\tin relation to a reviewable decision made by the Regulator—may, within 28 days after the decision was made, apply to the Regulator for a review of the decision;\n\t(b)\tin relation to a reviewable decision other than a decision made by the Regulator—may apply to the Regulator for review of the decision within—\n\t(i)\t28 days after the day on which the decision first came to the eligible person's notice; or\n\t(ii)\tsuch longer period as the Regulator allows.\n\t(2)\tThe Regulator may appoint a person to review decisions on applications under subsection (1)(a) (who must not be the person who made the decision the subject of the review).\n\t(3)\tAn application for a review must be in the form approved (in writing) by the Regulator.\n\t(4)\tIf an application is made to the Regulator in accordance with this section, the Regulator may make a decision—\n\t(a)\tto affirm or vary the reviewable decision; or\n\t(b)\tto set aside the reviewable decision and substitute another decision that the Regulator considers appropriate.\n\t(5)\tThe Regulator must give a written notice to the applicant setting out—\n\t(a)\tthe Regulator's decision under subsection (4) and the reasons for the decision; and\n\t(b)\tthe findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based,\nand must do so within 14 days after the application is made or, if the reviewable decision was made under Division 1, Division 2 or Division 3 of Part 5, within 7 days after the application is made.\n\t(6)\tIf the Regulator has not notified an applicant of a decision in accordance with subsection (5), the Regulator is taken to have made a decision to affirm the reviewable decision.\n\t(7)\tAn application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Regulator, on the Regulator's own initiative or on the application of the applicant for review, stays the operation of the decision (not being an immediate suspension of accreditation or registration, or a prohibition notice) pending the determination of the review.\n\t(8)\tThe Regulator must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.\n\t(9)\tIf the Regulator has not made a decision in accordance with subsection (8), the Regulator is taken to have made a decision to grant a stay.\n\t(10)\tThe Regulator may attach any conditions to a stay of the operation of a reviewable decision that the Regulator considers appropriate.\n217—Appeals\n\t(1)\tA person may appeal to the court against—\n\t(a)\ta reviewable decision made by the Regulator; or\n\t(b)\ta decision made, or taken to have been made, by the Regulator under section 216 in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision),\nif the person is an eligible person in relation to the reviewable decision.\n\t(2)\tAn appeal must be instituted within 28 days of the making of the decision appealed against.\nPart 8—General liability and evidentiary provisions\nDivision 1—Legal proceedings\nSubdivision 1—General matters\n218—Period within which proceedings for offences may be commenced\n\t(1)\tThis section applies to an offence against this Law, other than—\n\t(a)\tan offence prescribed by the national regulations for the purposes of this section; or\n\t(b)\tan offence in respect of which proceedings may only be commenced within a period of less than 2 years after its alleged commission.\n\t(2)\tDespite anything to the contrary in an Act, proceedings for an offence against this Law to which this section applies may be commenced within the latest of the following periods to occur:\n\t(a)\tthe period of 2 years after commission of the alleged offence;\n\t(b)\tif evidence of an alleged offence comes to light as a result of an inquiry by a prescribed authority—within 1 year after the report of the inquiry is published;\n\t(c)\tif a rail safety undertaking has been given in relation to the offence—within 6 months after—\n\t(i)\tthe undertaking is contravened; or\n\t(ii)\tit comes to the notice of the Regulator that the undertaking has been contravened; or\n\t(iii)\tthe Regulator has agreed under section 256 to the withdrawal of the undertaking.\n\t(3)\tA proceeding for a Category 1 offence may be brought after the end of the applicable limitation period in subsection (2) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.\nprescribed authority means—\n\t(a)\ta coroner of a participating jurisdiction; or\n\t(b)\ta commission of inquiry (by whatever name) established under a law of a participating jurisdiction; or\n\t(c)\tany other relevant authority established under a law of a participating jurisdiction.\n219—Multiple contraventions of rail safety duty provision\n\t(1)\tTwo or more contraventions of a rail safety duty provision by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.\n\t(2)\tThis section does not authorise contraventions of 2 or more rail safety duty provisions to be charged as a single offence.\n\t(3)\tA single penalty only may be imposed in respect of 2 or more contraventions of a rail safety duty provision that are charged as a single offence.\nrail safety duty provision means a provision of Part 3 Division 3.\n220—Authority to take proceedings\n\t(1)\tAny legal proceedings to recover any charge, fee or money due under this Law or the national regulations in this jurisdiction may be taken only by the Minister or the Regulator, or by a person authorised by the Minister or the Regulator for the purpose, either generally or in any particular case.\n\t(2)\tAny legal proceedings for an offence against this Law or the national regulations in this jurisdiction may be taken only by the Minister or the Regulator, or by a person authorised by the Minister or the Regulator for the purpose, either generally or in any particular case.\n\t(3)\tIn any proceedings referred to in this section, the production of an authority or consent purporting to be signed by the Minister or the Regulator is to be evidence of the authority or consent without proof of the signature of the Minister or the Regulator.\n\t(4)\tThe Minister or the Regulator may, for the purposes of this section, authorise any person who is a member of a specified class of persons to take the actions referred to in this section.\nSubdivision 2—Imputing conduct to bodies corporate\n221—Imputing conduct to bodies corporate\n\t(1)\tFor the purposes of this Law, any conduct engaged in on behalf of a body corporate by an employee, agent or officer of the body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the body corporate.\n\t(2)\tIf an offence under this Law requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against a body corporate for that offence to prove that the person referred to in subsection (1) had the relevant knowledge, intention or recklessness.\n\t(3)\tIf for an offence against this Law mistake of fact is relevant to determining liability, it is sufficient in proceedings against a body corporate for that offence if the person referred to in subsection (1) made that mistake of fact. \nSubdivision 3—Records and evidence\n222—Records and evidence from records\n\t(1)\tA certificate purporting to be signed by the Regulator and certifying that—\n\t(a)\ton a date specified in the certificate; or\n\t(b)\tduring any period so specified,\nthe particulars set out in the certificate as to any matter required to be recorded in the National Rail Safety Register under section 42 did or did not appear on or from the Register is, for the purposes of any legal proceedings, evidence of what it certifies.\n\t(2)\tSuch a certificate is admissible in any proceedings—\n\t(a)\twithout proof of the signature of the Regulator; and\n\t(b)\twithout production of any record or document on which the certificate is founded.\n223—Certificate evidence\nA statement in a certificate purporting to be issued by the Regulator, a rail safety officer or a police officer as to any matter that appears in, or can be calculated from, records kept or accessed by the Regulator is admissible in any proceedings and is evidence of the matter.\n224—Proof of appointments and signatures unnecessary\n\t(1)\tFor the purposes of this Law and the national regulations, it is not necessary to prove the appointment of an office holder.\n\t(2)\tFor the purposes of this Law, a signature purporting to be the signature of an office holder is evidence of the signature it purports to be.\noffice holder means—\n\t(a)\ta member of ONRSR; or\n\t(b)\tthe head of the police force or police service of any participating jurisdiction; or\n\t(c)\ta rail safety officer; or\n\t(d)\tan authorised person; or\n\t(e)\ta police officer of a participating jurisdiction.\nDivision 2—Discrimination against employees\n225—Dismissal or other victimisation of employee\n\t(1)\tThis section applies to—\n\t(a)\tan employer who dismisses an employee, injures an employee in the employment of the employer or alters the position of an employee to the employee's detriment; and\n\t(b)\tan employer who threatens to do any of those things to an employee; and\n\t(c)\tan employer or prospective employer who refuses or fails to offer employment to a prospective employee, or treats a prospective employee less favourably than another prospective employee would be treated in offering terms of employment.\n\t(2)\tThe employer or prospective employer is guilty of an offence if the employer or prospective employer engaged in that conduct because the employee or prospective employee (as the case may be)—\n\t(a)\thas assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian rail safety law; or\n\t(b)\thas made a complaint about a breach or alleged breach of an Australian rail safety law to the employer, a fellow employee, union, public authority or public official; or\n\t(c)\tassists or has assisted, or gives or has given any information to, a public agency in respect of a breach or alleged breach of an Australian rail safety law; or\n\t(d)\thas made a complaint about a breach or alleged breach of an Australian rail safety law to a former employer, former fellow employee, union, public authority or public official.\n\t(3)\tAn employer or prospective employer may be guilty of an offence against subsection (2) only if the reason mentioned in subsection (2)(a), (b), (c) or (d) is the dominant reason why the employer or prospective employer engaged in the conduct.\n\t(4)\tIn proceedings for an offence against subsection (2), if all the facts constituting the offence other than the reason for the defendant's conduct are proved, the defendant bears the onus of proving that the reason alleged in the charge was not the dominant reason why the defendant engaged in the conduct.\n\t(5)\tIf an employer or prospective employer is convicted or found guilty of an offence against this section, the court may (in addition to imposing a penalty) make either or both of the following orders:\n\t(a)\tan order that the offender pay (within a specified period) such damages to the employee or prospective employee against whom the offender discriminated as the court considers appropriate to compensate him or her;\n\t(b)\tan order that—\n\t(i)\tthe employee be reinstated or re‑employed in his or her former position or, if that position is not available, in a similar position; or\n\t(ii)\tthe prospective employee be employed in the position for which he or she had applied or a similar position.\n\t(6)\tIn this section—\nemployee includes an individual who works under a contract for service;\npublic authority includes ONRSR, the Regulator, a rail safety officer or police officer, and a police officer of another jurisdiction.\nDivision 3—Offences\n226—Offence to give false or misleading information\n\t(1)\tA person must not give information in complying or purportedly complying with this Law that the person knows—\n\t(a)\tto be false or misleading in a material particular; or\n\t(b)\tomits any matter or thing without which the information is misleading.\n\t(2)\tA person must not produce a document in complying or purportedly complying with this Law that the person knows to be false or misleading in a material particular without—\n\t(a)\tindicating the respect in which it is false or misleading and, if practicable, providing correct information; or\n\t(b)\taccompanying the document with a written certificate—\n\t(i)\tstating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and\n\t(ii)\tsetting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.\n\t(3)\tSubsection (2) places an evidential burden on the accused to show that the accused had indicated the extent to which the document was false or misleading or that the accompanying document sufficiently explained the extent to which the document was false or misleading.\n227—Not to interfere with train, tram etc\n\t(1)\tA person must not, without either the permission of an authorised officer or reasonable excuse—\n\t(a)\tmove or attempt to move; or\n\t(b)\tinterfere or attempt to interfere with; or\n\t(c)\tdisable, or attempt to disable; or\n\t(d)\toperate or attempt to operate,\nany equipment, rail infrastructure or rolling stock owned or operated by a rail transport operator.\nauthorised officer means the rail transport operator, a rail safety officer or a police officer.\n228—Applying brake or emergency device\n\t(1)\tA person must not, without reasonable excuse—\n\t(a)\tapply any brake or make use of any emergency device fitted to a train or tram; or\n\t(b)\tmake use of any emergency device on railway premises.\nEmergency devices include an emergency button on a station communication board or on an escalator.\n229—Stopping a train or tram\n\t(1)\tA person must not, without reasonable excuse, cause or attempt to cause a train or tram in motion to be stopped.\nDivision 4—Court-based sanctions\n230—Commercial benefits order\n\t(1)\tThe court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, make an order under this section.\n\t(2)\tThe court may make a commercial benefits order requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit that—\n\t(a)\twas received or receivable, by the person or by an associate of the person, from commission of the offence; and\n\t(b)\tin the case of a journey that was interrupted or not commenced because of action taken by a rail safety officer in connection with commission of the offence, would have been received or receivable, by the person or by an associate of the person—from commission of the offence had the journey been completed.\n\t(3)\tIn estimating the gross commercial benefit that was or would have been received or receivable from commission of the offence, the court may take into account—\n\t(a)\tbenefits of any kind, whether monetary or otherwise; and\n\t(b)\tmonetary savings or a reduction in any operating or capital expenditure of any kind achieved because of commission of the offence; and\n\t(c)\tany other matters that it considers relevant, including (for example)—\n\t(i)\tthe value per tonne or per kilometre of the carriage of the goods involved in the offence as freight; and\n\t(ii)\tthe distance over which any such goods were or were to be carried.\n\t(4)\tHowever, in estimating the gross commercial benefit that was or would have been received or receivable from commission of the offence, the court is required to disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.\n\t(5)\tNothing in this section prevents the court from ordering payment of an amount that is—\n\t(a)\tless than 3 times the estimated gross commercial benefit; or\n\t(b)\tless than the estimated gross commercial benefit.\n\t(6)\tFor the purposes of this section, a person is an associate of another if—\n\t(a)\t1 is a spouse, de facto partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are partners; or\n\t(d)\tthey are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or\n\t(e)\t1 is a body corporate and the other is a director or member of the governing body of the body corporate; or\n\t(f)\t1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or\n\t(g)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(h)\ta chain of relationships can be traced between them under any 1 or more of the above paragraphs.\n\t(7)\tFor the purposes of subsection (6), a beneficiary of a trust includes an object of a trust.\n231—Supervisory intervention order\n\t(1)\tThe court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, if the court considers the person to be a systematic or persistent offender against the Australian rail safety laws, make an order under this section.\n\t(2)\tThe court may make a supervisory intervention order requiring the person (at the person's own expense and for a specified period not exceeding 1 year) to do all or any of the following:\n\t(a)\tto do specified things that the court considers will improve the person's compliance with this Law or specified aspects of this Law, including (for example) the following:\n\t(i)\tappointing or removing staff to or from particular activities or positions;\n\t(ii)\ttraining and supervising staff;\n\t(iii)\tobtaining expert advice as to maintaining appropriate compliance;\n\t(iv)\tinstalling monitoring, compliance, managerial or operational equipment;\n\t(v)\timplementing monitoring, compliance, managerial or operational practices, systems or procedures;\n\t(b)\tto conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Regulator or a person nominated by the Regulator;\n\t(c)\tto furnish compliance reports to the Regulator or the court or both as specified in the order;\n\t(d)\tto appoint a person to have responsibilities—\n\t(i)\tto assist the person in improving compliance with this Law or specified aspects of this Law; and\n\t(ii)\tto monitor the person's performance in complying with this Law or specified aspects of this Law and in complying with the requirements of the order; and\n\t(iii)\tto furnish compliance reports to the Regulator or the court or both as specified in the order.\n\t(3)\tThe court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and frequency with which, compliance reports are to be prepared and furnished.\n\t(4)\tThe court may require that compliance reports or aspects of compliance reports be made public, and may specify the form and manner in which, and frequency with which, they are to be made public.\n\t(5)\tThe court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person's ability or willingness to comply with this Law, having regard to—\n\t(a)\tthe offences against Australian rail safety laws of which the person has been previously found guilty; and\n\t(b)\tthe offences against Australian rail safety laws for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and\n\t(c)\tany other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations.\n\t(6)\tThe order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.\n\t(7)\tA court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of—\n\t(a)\tthe Regulator; or\n\t(b)\tthe person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.\n\t(8)\tA person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement.\n\t(9)\tIn this section—\ncompliance report, in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to—\n\t(a)\tthe performance of the person in complying with—\n\t(i)\tthe rail safety laws or aspects of rail safety laws specified in the order; and\n\t(ii)\tthe requirements of the order; and\n\t(b)\twithout limiting the above—\n\t(i)\tthings done by the person to ensure that any failure by the person to comply with the rail safety laws or the specified aspects of the rail safety laws does not continue; and\n\t(ii)\tthe results of those things having been done.\n232—Exclusion orders\n\t(1)\tThe court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, if the court considers the person to be a systematic or persistent offender against an Australian rail safety law, make an order under this section.\n\t(2)\tFor the purpose of restricting opportunities for the person to commit or be involved in commission of further offences against this Law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—\n\t(a)\tmanaging rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or\n\t(b)\tbeing a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction; or\n\t(c)\tbeing involved in managing rail infrastructure that is in this jurisdiction or operating rolling stock in this jurisdiction except by driving a train or rolling stock.\n\t(3)\tThe court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—\n\t(a)\tthe offences against an Australian rail safety law of which the person has previously been found guilty; and\n\t(b)\tthe offences against an Australian rail safety law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and\n\t(c)\tany other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations.\n\t(4)\tA court that has power to make an exclusion order may revoke or amend an exclusion order on the application of—\n\t(a)\tthe Regulator; or\n\t(b)\tthe person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.\n\t(5)\tA person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.\n","sortOrder":26},{"sectionNumber":"Part 9","sectionType":"part","heading":"Infringement notices","content":"Part 9—Infringement notices\n233—Meaning of infringement penalty provision\nFor the purposes of this Law, an infringement penalty provision is—\n\t(a)\ta provision of this Law specified in an item in the Table at the foot of this section; or\n\t(b)\ta provision of this Law (other than an offence provision) or the national regulations that is prescribed by the national regulations to be an infringement penalty provision.\n\nItem\nInfringement penalty provision\nInfringement penalty\nSection 66(3) (Regulator may direct applicants to coordinate in applications)\nSection 66(4) (Regulator may direct applicants to coordinate in applications)\nSection 81(1) (Keeping and making available records for public inspection)\nSection 81(2) (Keeping and making available records for public inspection)\n4A\nSection 96A(2) (Annual activity statement)\nSection 98(2) (Offences relating to registration)\nSection 98(3) (Offences relating to registration)\nSection 102 (Review of safety management system)\nSection 103 (Safety performance reports)\nSection 111(1) (Register of interface agreements)\nSection 111(2) (Register of interface agreements)\nSection 117(6) (Assessment of competence)\nSection 118(1) (Identification of rail safety workers)\nSection 118(2) (Identification of rail safety workers)\n$500\nSection 120(2) (Power of Regulator to obtain information from rail transport operators)\nSection 120(3) (Power of Regulator to obtain information from rail transport operators)\nSection 131 (Disclosure of train safety recordings)\nSection 136(3) (Identity cards)\nSection 149(2) (Securing a site)\nSection 231(8) (Supervisory intervention order)\nSection 254 (Compliance with rail safety undertaking)\n234—Power to serve notice\n\t(1)\tThe Regulator may serve an infringement notice on a person that the Regulator has reason to believe has breached an infringement penalty provision.\n\t(2)\tThe Regulator must, however, serve an infringement notice not later than 12 months after the date on which the Regulator forms a belief that there has been a breach of an infringement penalty provision.\n\t(3)\tAn infringement notice may be served on an individual—\n\t(a)\tby delivering it personally to the individual; or\n\t(b)\tby sending it by post addressed to the individual to his or her usual or last known place of residence or business.\n\t(4)\tAn infringement notice may be served on a person that is a body corporate—\n\t(a)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(b)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n235—Form of notice\nAn infringement notice must state—\n\t(a)\tthe date of the notice; and\n\t(b)\tthat the alleged breach is a breach of the infringement penalty provision; and\n\t(c)\tthe nature, and a brief description, of the alleged breach; and\n\t(d)\tthe date, time and place of the alleged breach; and\n\t(e)\tthe infringement penalty for the alleged breach; and\n\t(f)\tthe manner in which the infringement penalty may be paid; and\n\t(g)\tthe time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; and\n\t(h)\tthat, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the Regulator unless the notice is withdrawn before the end of that time in accordance with section 238; and\n\t(i)\tthat the person is entitled to disregard the notice and defend any proceedings in respect of the infringement penalty provision; and\n\t(j)\tany other particulars prescribed by the national regulations.\n236—Regulator cannot institute proceedings while infringement notice on foot\nOn serving an infringement notice under this Part, the Regulator must not institute a proceeding in respect of the breach for which the infringement notice was served if—\n\t(a)\tthe time for payment stated in the infringement notice has not expired; and\n\t(b)\tthe infringement notice has not been withdrawn by the Regulator in accordance with section 238.\n237—Late payment of penalty\nThe Regulator may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—\n\t(a)\ta proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and\n\t(b)\tthe infringement notice has not been withdrawn by the Regulator in accordance with section 238.\n238—Withdrawal of notice\n\t(1)\tThe Regulator may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice.\n\t(2)\tA withdrawal notice may be served on an individual—\n\t(a)\tby delivering it personally to the individual; or\n\t(b)\tby sending it by post addressed to the individual to his or her usual or last known place of residence or business.\n\t(3)\tA withdrawal notice may be served on a person that is a body corporate—\n\t(a)\tby delivering it personally to the registered office or usual or last known place of business of the body corporate; or\n\t(b)\tby sending it by post addressed to the body corporate to its registered office or usual or last known place of business.\n\t(4)\tAn infringement notice may be withdrawn even if the infringement penalty has been paid.\n239—Refund of infringement penalty\nIf an infringement notice is withdrawn in accordance with section 238, the amount of any infringement penalty paid must be refunded by the Regulator.\n240—Payment expiates breach of infringement penalty provision\nNo proceedings may be taken by the Regulator against a person on whom an infringement notice was served in respect of an alleged breach of an infringement penalty provision if—\n\t(a)\tthe infringement penalty is—\n\t(i)\tpaid within the time for payment stated in the notice; and\n\t(ii)\tnot withdrawn by the Regulator within the time for payment stated in the notice in accordance with section 238; or\n\t(b)\tthe infringement penalty is accepted in accordance with section 237.\n241—Payment not to have certain consequences\nThe payment of an infringement penalty under this Part is not and must not be taken to be an admission of a breach of an infringement penalty provision or an admission of liability for the purpose of any proceeding instituted in respect of the breach.\n242—Conduct in breach of more than 1 infringement penalty provision\n\t(1)\tIf the conduct of a person constitutes a breach of 2 or more infringement penalty provisions, an infringement notice may be served on the person under this Part in relation to the breach of any 1 or more of those provisions.\n\t(2)\tHowever, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct.\n","sortOrder":27},{"sectionNumber":"Part 10","sectionType":"part","heading":"General","content":"Part 10—General\nDivision 1—Delegation by Minister\n243—Delegation by Minister\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Law.\n\t(2)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 2—Confidentiality of information\n244—Confidentiality of information\n\t(1)\tThis section applies if a person obtains information or gains access to a document in exercising any power or function under this Law.\n\t(2)\tThe person must not do any of the following:\n\t(a)\tdisclose to anyone else—\n\t(i)\tthe information; or\n\t(ii)\tthe contents of or information contained in the document;\n\t(b)\tgive access to the document to anyone else;\n\t(c)\tuse the information or document for any purpose.\n\t(3)\tSubsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—\n\t(a)\tabout a person, with the person's consent; or\n\t(b)\tthat is necessary for the exercise of a function or power under this Law; or\n\t(c)\tthat is made or given by ONRSR, a member of ONRSR, or a person authorised by ONRSR, if ONRSR reasonably believes the disclosure, access or use—\n\t(i)\tis necessary for administering, or monitoring or enforcing compliance with, this Law; or\n\t(ii)\tis necessary for the administration or enforcement of an Act prescribed by the national regulations; or\n\t(iii)\tis necessary for the administration or enforcement of an Act or other law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public health or safety; or\n\t(d)\tthat is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or\n\t(da)\tthat is made or given in accordance with the Freedom of Information Act 1991 of South Australia as applied by this Law (including any provisions of the national regulations made under section 263); or\n\t(e)\tthat is required or authorised under any other law; or\n\t(f)\tto a Minister of a participating jurisdiction.\n\t(4)\tA person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—\n\t(a)\tthe disclosure is made with the consent of the complainant; or\n\t(b)\tthe disclosure is required under a law.\n\t(5)\tNothing in this section prevents information being used to enable ONRSR to accumulate aggregate data and to enable ONRSR to authorise use of the aggregate data for the purposes of research or education.\nDivision 3—Law does not affect legal professional privilege\n245—Law does not affect legal professional privilege\nNothing in this Law requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege.\nDivision 4—Civil liability\n246—Civil liability not affected by Part 3 Division 3 or Division 6\nNothing in Part 3 Division 3 or Part 3 Division 6 is to be construed—\n\t(a)\tas conferring a right of action in civil proceedings in respect of a contravention (whether by act or omission) of any provisions of those Divisions; or\n\t(b)\tas conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or\n\t(c)\taffecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, with respect to breaches of duties or obligations imposed by the national regulations.\n247—Protection from personal liability for persons exercising functions\n\t(1)\tA person who is or was a protected person is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tin the exercise of a function under this Law; or\n\t(b)\tin the reasonable belief that the act or omission was the exercise of a function under this Law.\n\t(2)\tAny liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to ONRSR.\nprotected person means any of the following:\n\t(a)\ta member of ONRSR;\n\t(b)\ta member of a committee of ONRSR;\n\t(c)\ta member of the staff of ONRSR;\n\t(d)\ta rail safety officer;\n\t(e)\tan authorised person;\n\t(f)\ta person to whom ONRSR has delegated any of its functions;\n\t(g)\ta person to whom an entity, or the chief executive of an entity or department of government, of a participating jurisdiction has subdelegated a function delegated to the chief executive by ONRSR;\n\t(h)\ta member of the staff of an entity or department referred to in paragraph (g);\n\t(i)\ta person acting under the authority or direction of a person referred to in paragraphs (a) to (h).\n248—Immunity for reporting unfit rail safety worker\n\t(1)\tNo action may be taken against a person to whom this section applies who, in good faith, reports to—\n\t(a)\tONRSR; or\n\t(b)\ta member of ONRSR; or\n\t(c)\ta rail transport operator; or\n\t(d)\tany other person who is employed or engaged by ONRSR or a rail transport operator,\nany information which discloses that a person is unfit to carry out rail safety work or certain types of rail safety work or that it may be dangerous to allow that person to carry out rail safety work or certain types of rail safety work.\n\t(2)\tNo action may be taken against a person to whom this section applies who, in good faith, reports—\n\t(a)\tthe results of a test or examination carried out under this Law or the national regulations; or\n\t(b)\tan opinion formed by that person as a result of conducting such a test or examination,\nto a person referred to in subsection (1)(a), (b), (c) or (d).\nperson to whom this section applies means—\n\t(a)\ta person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or\n\t(b)\ta person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student); or\n\t(c)\ta person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); or\n\t(d)\ta person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or\n\t(e)\ta person brought within the ambit of this definition by the national regulations.\nDivision 5—Codes of practice\n249—Approved codes of practice\n\t(1)\tThe responsible Ministers may approve a code of practice for the purposes of this Law and may vary or cancel an approved code of practice.\n\t(2)\tThe responsible Ministers may only approve, vary or cancel a code of practice under subsection (1) if that code of practice, variation or cancellation was developed by a process that involved consultation among—\n\t(a)\teach participating jurisdiction; and\n\t(b)\trail transport operators and any relevant employer organisation; and\n\t(c)\trail safety workers and any relevant union.\n\t(3)\tA code of practice may apply, adopt or incorporate any matter contained in a document formulated, issued or published by a person or body whether—\n\t(a)\twith or without modification; or\n\t(b)\tas in force at a particular time or from time to time.\n\t(4)\tAn approval of a code of practice, or a variation or cancellation of an approved code of practice—\n\t(a)\tis to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and\n\t(b)\twill commence on the day or days specified in the approval, variation or cancellation for its commencement (being not earlier than the date it is published); and\n\t(c)\tis to be published by the Regulator on ONRSR's website.\n\t(5)\tThe Regulator must ensure that a copy of—\n\t(a)\teach code of practice that is currently approved; and \n\t(b)\teach document applied, adopted or incorporated (to any extent) by an approved code of practice,\nis available for inspection by members of the public without charge at ONRSR's office during normal business hours.\n250—Use of codes of practice in proceedings\n\t(1)\tThis section applies in a proceeding for an offence against this Law.\n\t(2)\tAn approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Law has been complied with.\n\t(3)\tThe court may—\n\t(a)\thave regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and\n\t(b)\trely on the code in determining what is reasonably practicable in the circumstances to which the code relates.\nSee section 47 for the meaning of reasonably practicable.\n\t(4)\tNothing in this section prevents a person from introducing evidence of compliance with this Law in a manner that is different from the code but provides a standard of rail work safety that is equivalent to or higher than the standard required in the code.\nDivision 6—Enforceable voluntary undertakings\n251—Enforceable voluntary undertaking\n\t(1)\tThe Regulator may accept (by written notice) a written undertaking (a rail safety undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Law.\n\t(2)\tA rail safety undertaking cannot be accepted for a contravention or alleged contravention that is a Category 1 offence.\n\t(3)\tThe giving of a rail safety undertaking does not constitute an admission of guilt by the person giving it in respect of the contravention or alleged contravention to which the undertaking relates.\n252—Notice of decisions and reasons for decision\n\t(1)\tThe Regulator must give the person seeking to make a rail safety undertaking written notice of the Regulator's decision to accept or reject the undertaking and of the reasons for the decision.\n\t(2)\tThe Regulator must publish, on the Register, notice of a decision to accept a rail safety undertaking and the reasons for that decision.\n253—When a rail safety undertaking is enforceable\nA rail safety undertaking takes effect and becomes enforceable when the Regulator's decision to accept the undertaking is given to the person who made the undertaking or at any later date specified by the Regulator.\n254—Compliance with rail safety undertaking\nA person must not contravene a rail safety undertaking made by that person that is in effect.\n255—Contravention of rail safety undertaking\n\t(1)\tIf the Regulator considers that a person has contravened an undertaking accepted by the Regulator, the Regulator may apply to the court for enforcement of the undertaking.\n\t(2)\tIf the court is satisfied that the person has contravened the undertaking, the court, in addition to the imposition of any penalty, may make any of the following orders:\n\t(a)\tan order that the person must comply with the undertaking or take specified action to comply with the undertaking;\n\t(b)\tan order discharging the undertaking;\n\t(c)\tan order directing the person to pay to the Regulator—\n\t(i)\tthe costs of the proceedings; and\n\t(ii)\tthe reasonable costs of the Regulator in monitoring compliance with the rail safety undertaking in the future;\n\t(d)\tany other order that it considers appropriate in the circumstances.\n\t(3)\tA person must not fail to comply with an order under this section.\n\t(4)\tNothing in this section prevents proceedings being brought for the contravention or alleged contravention of this Law to which the rail safety undertaking relates.\n256—Withdrawal or variation of rail safety undertaking\n\t(1)\tA person who has made a rail safety undertaking may, at any time, with the written agreement of the Regulator—\n\t(a)\twithdraw the undertaking; or\n\t(b)\tvary the undertaking.\n\t(2)\tHowever, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Law.\n\t(3)\tThe Regulator must publish, on the Register, notice of the withdrawal or variation of a rail safety undertaking.\n257—Proceedings for alleged contravention\n\t(1)\tSubject to this section, no proceedings for a contravention or alleged contravention of this Law may be brought against a person if a rail safety undertaking is in effect in relation to that contravention.\n\t(2)\tNo proceedings may be brought for a contravention or alleged contravention of this Law against a person who has made a rail safety undertaking in respect of that contravention and has completely discharged the rail safety undertaking.\n\t(3)\tThe Regulator may accept a rail safety undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.\n\t(4)\tIf the Regulator accepts a rail safety undertaking before the proceedings are finalised, the Regulator must take all reasonable steps to have the proceedings discontinued as soon as possible.\n258—Service of documents\n\t(1)\tA notice or document required or authorised by or under this Law to be given or served on a person may be served on the person—\n\t(a)\tby delivering it personally to the person; or\n\t(b)\tby sending it by post addressed to the person to the person's last known address; or\n\t(c)\tif the person holds an accreditation or registration, or has been granted an exemption, under this Law—\n\t(i)\tby sending it by post addressed to the person to that person's address for service; or\n\t(ii)\tbe left for the person at the person's address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person for that purpose (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tThe address for service of a person is the address last provided by the person in writing to the Regulator as the address for service.\n259—Recovery of certain costs\nThe Regulator may recover as a debt from a rail transport operator the reasonable costs of the entry and inspection of railway infrastructure, rolling stock or railway premises in respect of which the person is accredited, other than the costs of an inspection of an accredited person under Part 3 Division 11.\n260—Recovery of amounts due\nEvery fee, charge or other amount of money payable under this Law may be recovered by the Regulator as a debt due to the Regulator in a court of competent jurisdiction.\n260A—Payment of portion of fines to ONRSR\nA court by which a person is convicted of an offence against this Law may make an order directing that a portion (not exceeding one‑half) of any fine imposed as a penalty against the offender by the court be paid to ONRSR.\n261—Compliance with conditions of accreditation or registration\n\t(1)\tIf—\n\t(a)\ta condition or restriction to which the accreditation of a person is subject makes provision for or with respect to a duty or obligation imposed by this Law; and\n\t(b)\tthe accredited person complies with the condition or restriction to the extent that it makes that provision,\nthe accredited person is, for the purposes of this Law, taken to have complied with this Law in relation to that duty or obligation.\n\t(2)\tIf—\n\t(a)\ta condition or restriction to which the registration of a person is subject makes provision for or with respect to a duty or obligation imposed by this Law; and\n\t(b)\tthe registered person complies with the condition or restriction to the extent that it makes that provision,\nthe registered person is, for the purposes of this Law, taken to have complied with this Law in relation to that duty or obligation.\n262—Contracting out prohibited\nA term of any contract or agreement that purports to exclude, limit or modify the operation of this Law or any duty under this Law or to transfer to another person any duty owed under this Law is void.\nDivision 8—Application of certain South Australian Acts to this Law\n263—Application of certain South Australian Acts to this Law\n\t(1)\tThe following Acts (as in force from time to time) apply as laws of a participating jurisdiction for the purposes of this Law:\n\t(a)\tthe Freedom of Information Act 1991 of South Australia;\n\t(b)\tthe Ombudsman Act 1972 of South Australia;\n\t(c)\tthe Public Finance and Audit Act 1987 of South Australia;\n\t(d)\tthe State Records Act 1997 of South Australia.\n\t(2)\tHowever, subject to subsection (4), the Acts referred to in subsection (1) do not apply for the purposes of this Law to the extent that functions are being exercised under this Law by a State or Territory entity, other than a South Australian entity.\n\t(3)\tThe national regulations may modify any such Act for the purposes of this Law.\n\t(4)\tWithout limiting subsection (3), the national regulations may—\n\t(a)\tprovide that the Act applies as if a provision of the Act specified in the national regulations were omitted; or\n\t(b)\tprovide that the Act applies as if an amendment to the Act made by a law of South Australia, and specified in the national regulations, had not taken effect; or\n\t(c)\tconfer a function on a State or Territory entity; or\n\t(d)\tconfer jurisdiction on a tribunal or court of a participating jurisdiction.\n\t(5)\tAn Act referred to in subsection (1) applies for the purposes of this Law as if the Minister responsible for a government agency were the Minister in relation to a body established by this Law.\nDivision 9—National regulations\n264—National regulations\n\t(1)\tFor the purposes of this section, the designated authority is the Governor of the State of South Australia, or other officer for the time being administering the Government of that State, acting with the advice and consent of the Executive Council of that State.\n\t(2)\tThe designated authority, on the unanimous recommendation of the responsible Ministers, may make regulations (national regulations) as contemplated by this Law, or as necessary or expedient for the purposes of this Law, including regulations that make provision for or in relation to any of the matters specified in Schedule 1 to this Law.\n\t(3)\tWhere the national regulations refer to or incorporate a code, standard or other document prepared or published by a prescribed body—\n\t(a)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office or offices specified in the regulations; and\n\t(b)\tin legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Regulator as a true copy of the code, standard or other document; and\n\t(c)\tthe code, standard or other document has effect as if it were a regulation made under this Law.\n265—Publication of national regulations\n\t(1)\tThe national regulations are to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales.\n\t(2)\tA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n","sortOrder":28},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"National regulations","content":"Schedule 1—National regulations\n1\tAccreditations under this Law, including—\n\t(a)\trequirements, standards, qualifications or conditions that must be satisfied; and\n\t(b)\trequirements as to the terms, conditions, restrictions or particulars applying under or with respect to them; and\n\t(c)\tother matters relating to their granting, refusal, variation, suspension, cancellation or surrender.\n2\tRegistrations under this Law, including—\n\t(a)\trequirements, standards, qualifications or conditions that must be satisfied; and\n\t(b)\trequirements as to the terms, conditions, restrictions or particulars applying under or with respect to them; and\n\t(c)\tother matters relating to their granting, refusal, variation, suspension, cancellation or surrender.\n3\tA scheme for certificates of competency (or provisional certificates of competency) for persons employed or engaged in rail safety work, and for the duration, variation, suspension or cancellation of those certificates.\n4\tThe prohibition of the carrying on of rail safety work or other prescribed activity except by or under the supervision of a person—\n\t(a)\twho holds an appropriate certificate of competency; or\n\t(b)\twho has prescribed qualifications, training or experience.\n","sortOrder":29},{"sectionNumber":"5","sectionType":"section","heading":"Safety standards or other requirements that must be complied with—","content":"5\tSafety standards or other requirements that must be complied with—\n\t(a)\tin connection with the construction, maintenance or operation of a railway; or\n\t(b)\tin connection with the performance of any work or activity; or\n\t(c)\tin relation to any rail infrastructure, rolling stock, trains, system, devices, appliance or equipment; or\n\t(d)\tin relation to sidings.\n6\tProcedures (including consultation) for the making, adoption and amendment of rules and procedures relating to rail network operations made or adopted for the purposes of Part 3 Division 3 by the rail infrastructure manager responsible for the management of that part of the rail network.\n7\tThe safeguarding, siting, installing, testing, altering, maintaining or removal of any rail infrastructure, rolling stock, system, device, appliance or equipment.\n8\tThe records and documents to be kept by any person, the manner of keeping those records and documents, and their inspection.\n9\tThe providing of returns and other information, verified as prescribed.\n10\tThe registration of plans and other documents required under this Law.\n11\tThe recording, investigation and reporting of accidents and incidents.\n12\tThe health, fitness and functions of rail safety workers.\n13\tDrug and alcohol management of rail safety workers, including—\n\t(a)\tthe allowed concentration of alcohol; and\n\t(b)\tprocedures for drug and alcohol testing, including compulsory testing; and\n\t(c)\tproviding for the authorisation of persons to conduct drug and alcohol testing and operate equipment for that purpose; and\n\t(d)\tregulating the collection of biological samples from rail safety workers for the purposes of drug and alcohol testing; and\n\t(e)\tproviding for the analysis of test results, including the accreditation of persons conducting the analysis; and\n\t(f)\tproviding for the approval of devices used in carrying out drug and alcohol testing and analysis; and\n\t(g)\tproviding for the use of results from any testing or analysis, or the steps that may be taken on account of any testing or any evidence or information produced as a result of testing; and\n\t(h)\tprescribing the circumstances that amount to a defence to a breach of the regulations, including where the consumption of alcohol or drugs occurs after rail safety work has been carried out; and\n\t(i)\tproviding for the confidentiality of test results; and\n\t(j)\tregulating the destruction of biological samples collected for testing; and\n\t(k)\tproviding for the protection of persons involved in taking or conducting testing from liability for acts or omissions done in good faith and in accordance with the regulations.\n14\tFatigue management of rail safety workers, including work hours and rest periods.\n15\tThe regulation of the conduct of passengers and other persons on railways, or on land or premises associated with a railway.\n16\tTrespass on, or entry to, railways, or on land, premises, infrastructure or rolling stock associated with a railway.\n17\tThe regulation or prohibition of the carriage of goods, freight or animals on railways.\n18\tThe unauthorised use of railways or rolling stock.\n19\tThe display of signs and notices.\n20\tThe opening and closing of railway gates.\n21\tThe regulation of vehicles, animals and pedestrians crossing railways.\n22\tThe regulation of crossings.\n23\tThe loading, unloading or transportation of freight.\n24\tThe identification of rolling stock, rail infrastructure, devices, appliances, equipment or freight.\n25\tCausing damage to, or interfering with or removing, rolling stock, rail infrastructure, devices, appliances, equipment or freight.\n26\tProcedures associated with inspections, examinations or tests under this Law.\n27\tThe form and service of notices and other documents under this Law.\n28\tEmpowering the Regulator to prohibit a person from acting (or from continuing to act) as a rail safety worker for a specified period, or until further order of the Regulator.\n29\tFixing fees and charges for the purposes of this Law or in respect of any matter arising under this Law, including a fee that the Regulator may recover from an accredited person as a debt if the accredited person fails to comply with a requirement of this Law within a specified time.\n30\tGenerally, evidence in proceedings for an offence against the regulations.\n31\tInfringement penalty provisions, including requirements for infringement notices and the fixing of infringement penalties, not exceeding $1 500, for contravention of an alleged offence against this Law or the regulations.\n32\tThe imposition of penalties, not exceeding $10 000 for a contravention of, or failure to comply with, a regulation.\nSchedule 2—Miscellaneous provisions relating to interpretation\n1—Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Parliament\n\t(1)\tThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Parliament of this jurisdiction.\n\t(2)\tIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Parliament of this jurisdiction—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n3—Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of this Law\n\t(1)\tThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tPunctuation in this Law is part of this Law.\n\t(4)\tA heading to a section or subsection of this Law does not form part of this Law.\n5—References to particular Acts and to enactments\nIn this Law—\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tby reference to the year in which it was passed and its number; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act,\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act,\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Law or Act citation etc\n\t(1)\tA reference in this Law to this Law or an Act includes a reference to—\n\t(a)\tthis Law or the Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif this Law or the Act has been repealed and re‑enacted (with or without modification) since the enactment of the reference—this Law or the Act as re‑enacted, and as amended from time to time since its re‑enactment.\n\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re‑enacted, and as amended from time to time since its re‑enactment.\n\t(3)\tSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n7—Interpretation best achieving Law's purpose or object\n\t(1)\tIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this clause—\nextrinsic material means relevant material not forming part of this Law, including (for example)—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\t(b)\ta relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and \n\t(c)\ta relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\t(d)\ta treaty or other international agreement that is mentioned in this Law; and\n\t(e)\tan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n\t(f)\tthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n\t(g)\tmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n\t(h)\ta document that is declared by this Law to be a relevant document for the purposes of this clause;\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n\t(2)\tSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\n\t(a)\tif the provision is ambiguous or obscure—to provide an interpretation of it; or\n\t(b)\tif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n\t(c)\tin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Effect of change of drafting practice\nIf—\n\t(a)\ta provision of this Law expresses an idea in particular words; and\n\t(b)\ta provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including (for example)—\n\t(i)\tthe use of a clearer or simpler style; or\n\t(ii)\tthe use of gender-neutral language,\nthe ideas must not be taken to be different merely because different words are used.\n10—Use of examples\nIf this Law includes an example of the operation of a provision—\n\t(a)\tthe example is not exhaustive; and\n\t(b)\tthe example does not limit, but may extend, the meaning of the provision; and\n\t(c)\tthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n11—Compliance with forms\n\t(1)\tIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\nPart 3—Terms and references\n12—Definitions\n\t(1)\tIn this Law—\nAct means an Act of the Parliament of this jurisdiction;\nadult means an individual who is 18 or more;\naffidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise;\namend includes—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend by implication;\nappoint includes reappoint;\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory;\nbusiness day means a day that is not—\n\t(a)\ta Saturday or Sunday; or\n\t(b)\ta public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done;\ncalendar month means a period starting at the beginning of any day of 1 of the 12 named months and ending—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif there is no such corresponding day—at the end of the next named month;\ncalendar year means a period of 12 months beginning on 1 January;\ncommencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation;\nCommonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory;\nconfer, in relation to a function, includes impose;\ncontravene includes fail to comply with;\ncountry includes—\n\t(a)\ta federation; or\n\t(b)\ta state, province or other part of a federation;\ndate of assent, in relation to an Act, means the day on which the Act receives the Royal Assent;\ndefinition means a provision of this Law (however expressed) that—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression;\ndocument means any record of information and includes—\n\t(a)\tany paper or other material on which there is writing; or\n\t(b)\tany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n\t(c)\tany computer, disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device); or\n\t(d)\ta map, plan, drawing or photograph;\nelectronic communication means—\n\t(a)\ta communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n\t(b)\ta communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system;\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity;\nexpire includes lapse or otherwise cease to have effect;\nexternal Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act;\nfail includes refuse;\nfinancial year means a period of 12 months beginning on 1 July;\nfunction includes a power or duty;\nGovernment Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument;\nindividual means a natural person;\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications;\ninsert, in relation to a provision of this Law, includes substitute;\ninstrument includes a statutory instrument;\ninterest, in relation to land or other property, means—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta right, power or privilege over, or in relation to, the land or other property;\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory;\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth;\nmake includes issue or grant;\nminor means an individual who is under 18;\nmodification includes addition, omission or substitution;\nmonth means a calendar month;\nnamed month means 1 of the 12 months of the year;\nNorthern Territory means the Northern Territory of Australia;\nnumber means—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta combination of a number so expressed and a letter;\noath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise;\noffice includes position;\nomit, in relation to a provision of this Law or an Act, includes repeal;\nparty includes an individual or a body politic or corporate;\npenalty includes forfeiture or punishment;\nperson includes an individual or a body politic or corporate;\npower includes authority;\nprescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law;\nprinted includes typewritten, lithographed or reproduced by any mechanical means;\nproceeding means a legal or other action or proceeding;\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action;\nprovision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes—\n\t(a)\ta Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, subsubparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta clause, section, subsection, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act;\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of this Law or instrument concerned; or\n\t(d)\texclude from, or include in, the application of this Law or instrument concerned, any person, subject matter or circumstance;\nsign includes the affixing of a seal or the making of a mark;\nstatutory declaration means a declaration made under an Act of this jurisdiction, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding;\nstatutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument;\nswear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise;\nword includes any symbol, figure or drawing;\nwriting includes any mode of representing or reproducing words in a visible form;\nyear, without specifying the type of year, means calendar year.\n\t(2)\tIn a statutory instrument—\nthe Law means this Law.\n13—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n14—Meaning of may and must etc\n\t(1)\tIn this Law, the word \"may\", or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n\t(2)\tIn this Law, the word \"must\", or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n15—Words and expressions used in statutory instruments\n\t(1)\tWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n15A—Provisions creating offences\n\t(1)\tIn this Law, a penalty set out at the foot of a provision indicates that contravention of the provision (whether by act or omission) constitutes an offence punishable on conviction by a penalty not exceeding the penalty so set out.\n\t(2)\tSubclause (1) applies whether or not the provision expressly creates an offence.\n16—Effect of express references to bodies corporate and individuals\nIn this Law, a reference to a person generally (whether the expression \"person\", \"party\", \"someone\", \"anyone\", \"no‑one\", \"one\", \"another\" or \"whoever\" or another expression is used)—\n\t(a)\tdoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n\t(b)\tdoes not exclude a reference to an individual or a body corporate merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n17—Production of records kept in computers etc\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person,\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe requirement obliges the person to produce or make available for inspection (as the case may be) a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n18—References to this jurisdiction to be implied\nIn this Law—\n\t(a)\ta reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n\t(b)\ta reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n19—References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.\n20—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\n\t(b)\tto a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only 1 Schedule to this Law, is a reference to the Schedule; or\n\t(c)\tto a Division, Subdivision, subsection, paragraph, subparagraph, subsubparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe paragraph, designated by the number, of the section, subsection, item, column, table or form of or in the Schedule in which the reference occurs; and\n\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe subsubparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe clause, section, subsection, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs,\nas the case requires.\n21—Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n\t(a)\ta reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n\t(b)\ta reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\nA reference to \"sections 5 to 9\" includes both section 5 and section 9. It is not necessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the reference is given an inclusive interpretation.\nPart 4—Functions and powers\n22—Exercise of statutory functions\n\t(1)\tIf this Law confers a function on a person or body, the function may be exercised from time to time as occasion requires.\n\t(2)\tIf this Law confers a function on a particular officer or the holder of a particular office, the function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(3)\tIf this Law confers a function on a body (whether or not incorporated), the exercise of the function is not affected merely because of vacancies in the membership of the body.\n23—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument or decision—\n\t(a)\tthe power includes power to amend or repeal the instrument or decision; and\n\t(b)\tthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n24—Matters for which statutory instruments may make provision\n\t(1)\tIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind), as in force at a particular time or as in force from time to time.\n\t(2)\tIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n\t(3)\tA statutory instrument may—\n\t(a)\tapply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\t(b)\tapply generally to all persons, matters or things or be limited in its application to—\n\t(i)\tparticular persons, matters or things; or\n\t(ii)\tparticular classes of persons, matters or things; or\n\t(c)\totherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\t(4)\tA statutory instrument may—\n\t(a)\tapply differently according to different specified factors; or\n\t(b)\totherwise make different provision in relation to—\n\t(i)\tdifferent persons, matters or things; or\n\t(ii)\tdifferent classes of persons, matters or things.\n\t(5)\tA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n\t(6)\tIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n\t(7)\tIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n\t(8)\tA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n\t(9)\tA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n25—Presumption of validity and power to make\n\t(1)\tAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n\t(2)\tA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n26—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing,\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n27—Acting appointments\n\t(1)\tIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned,\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than 1 year during a vacancy in the office.\n\t(6)\tIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy,\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n28—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n\t(2)\tThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n29—Delegation of functions\n\t(1)\tIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\n\t(a)\ta person or body by name; or\n\t(b)\ta specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\t(2)\tThe delegation may—\n\t(a)\tbe general or limited; and\n\t(b)\tbe made from time to time; and\n\t(c)\tbe revoked, wholly or partly, by the delegator.\n\t(3)\tThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n\t(4)\tA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.\n\t(6)\tA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n\t(7)\tA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind.\n\t(9)\tIf—\n\t(a)\tthe delegator is a specified officer or the holder of a specified office; and\n\t(b)\tthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office,\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause.\n\t(10)\tIf—\n\t(a)\tthe delegator is a body; and\n\t(b)\tthere is a change in the membership of the body,\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe body as constituted for the time being is taken to be delegator for the purposes of this clause.\n\t(11)\tIf a function is delegated to a specified officer or the holder of a specified office—\n\t(a)\tthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n\t(b)\tthe function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(12)\tA function that has been delegated may, despite the delegation, be exercised by the delegator.\n\t(13)\tThe delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.\n\t(14)\tSubject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n\t(15)\tIf this Law authorises the delegation of a function, the function may be subdelegated only if this Law expressly authorises the function to be subdelegated.\n30—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\n\t(2)\tIf a provision of a South Australian Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing,\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect,\nbefore the empowering provision commences.\n\t(3)\tIf—\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the basic instrument‑making power); and\n\t(b)\ta provision of a South Australian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument‑making power),\n\t(c)\tthe basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subclause (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect,\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n\t(5)\tIf—\n\t(a)\tan appointment is made under subclause (1) or (2); or\n\t(b)\tan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4),\nthe appointment, instrument or provision takes effect—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n\t(6)\tAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n\t(7)\tAfter the enactment of a provision mentioned in subclause (1) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n\t(8)\tIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\nPart 5—Distance, time and age\n31—Matters relating to distance, time and age\n\t(1)\tIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n\t(2)\tIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\n\t(a)\tif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n\t(b)\tin any other case—by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n\t(4)\tIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n\t(5)\tIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n\t(6)\tIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n\t(7)\tFor the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.\nPart 6—Effect of repeal, amendment or expiration\n32—Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto remain or continue in force, or otherwise have effect, until a specified day,\nthis provision has effect until the last moment of the specified day.\n33—Repealed provisions not revived\nIf a provision of this Law is repealed or amended by a South Australian Act, or a provision of a South Australian Act, the provision is not revived merely because the South Australian Act or the provision of the South Australian Act—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n34—Saving of operation of repealed Law provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(e)\taffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\t(2)\tAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n35—Continuance of repealed provisions\nIf a South Australian Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n36—Law and amending Acts to be read as one\nThis Law and all South Australian Acts amending this Law are to be read as one.\nPart 7—Instruments under Law\n37—Schedule applies to statutory instruments\n\t(1)\tThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n\t(2)\tThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Rail Safety National Law (South Australia) Act 2012 repealed the following:\nRail Safety Act 2007\nLegislation amended by principal Act\nThe Rail Safety National Law (South Australia) Act 2012 amended the following:\nRail Commissioner Act 2009\nRailways (Operations and Access) Act 1997\nTerrorism (Surface Transport Security) Act 2011\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Rail Safety National Law (South Australia) Act 2012 \n10.5.2012\n7.6.2012 (Gazette 7.6.2012 p2707) except ss 6, 7, Pts 3—5 and ss 3, 6, 8, 41—44, Pts 3—10 & Sch 1 to the Law—20.1.2013 (Gazette 13.12.2012 p5534)\n Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2015\n21.5.2015\n1.7.2015 (Gazette 18.6.2015 p2971)\n Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Act 2016\n30.6.2016\n1.8.2016 (Gazette 21.7.2016 p2989)\n Rail Safety National Law (South Australia) (Miscellaneous No 3) Amendment Act 2017\n26.4.2017\n1.7.2017 (Gazette 7.6.2017 p2044)\n Statutes Amendment (Drink and Drug Driving) Act 2017\n12.12.2017\nPt 4 (ss 12, 14, 15, 16(2), (3))—22.2.2018; ss 13 & 16(1)—24.4.2018 (Gazette 13.2.2018 p732)\n(229)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)\n—\nSch 1 (cll 3 & 4)—1.12.2018: r 2\n Rail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2019\n11.4.2019\n1.7.2019 (Gazette 6.6.2019 p1754)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 39 (s 81)—3.10.2019: s 2(1)\n Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Act 2020\n11.6.2020\n1.7.2020 (Gazette 25.6.2020 p3504)\nStatutes Amendment (Transport Portfolio) Act 2021\n20.5.2021\nPt 7 (ss 36 to 45)—12.12.2022 (Gazette 24.11.2022 p6688)\nRail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Act 2021\n2.9.2021\n1.11.2021 (Gazette 14.10.2021 p3752)\nRail Safety National Law (South Australia) (Miscellaneous) Amendment Act 2023\n23.2.2023\n1.5.2023 (Gazette 27.4.2023 p861)\nRail Safety National Law (South Australia) (Fees) Amendment Act 2023\n26.5.2023\n26.5.2025 (s 27(6) Legislation Interpretation Act 2021)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 5\n\ns 5(1)\n\nregistered nurse\namended by 229/2018 Sch 1 cl 3\ns 7\n\ns 7(2)\namended by 25/2019 s 81\nPt 4\n\ns 9\n\ns 9(1)\n\nMetropolitan Adelaide\ndeleted by 17/2021 s 36\noral fluid analysis\nsubstituted by 63/2017 s 12\ns 11\nsubstituted by 63/2017 s 13\ns 12\n\ns 12(1)\namended by 5/2015 s 4\ns 12(6)\namended by 17/2021 s 37\ns 13\n\ns 13(2)\nsubstituted by 63/2017 s 14\ns 13(7)\namended by 17/2021 s 38\ns 14\n\ns 14(3)\n\nrelevant period\nsubstituted by 17/2021 s 39\ns 15\n\ns 15(3)\n\nrelevant period\nsubstituted by 17/2021 s 40\ns 16\n\ns 16(1)—(4)\nsubstituted by 17/2021 s 41\ns 17\namended by 17/2021 s 42(1)—(3)\ns 18\namended by 63/2017 s 15(1), (2)\n\namended by 17/2021 s 43(1), (2)\ns 20\n\ns 20(1)\namended by 17/2021 s 44(1)\ns 20(6)\namended by 63/2017 s 16(1)\ns 20(7)\nsubstituted by 63/2017 s 16(2)\ns 20(12)\namended by 17/2021 s 44(2)\ns 20(13)\namended by 17/2021 s 44(3)\ns 20(15)\namended by 17/2021 s 44(4)\ns 20(16)\namended by 17/2021 s 44(5)\ns 20(20)\nsubstituted by 63/2017 s 16(3)\ns 20(20a)\ninserted by 63/2017 s 16(3)\ns 21\ndeleted by 17/2021 s 45\nPt 5\n\nPt 5 Div 2\nomitted under Legislation Revision and Publication Act 2002\nPt 5 Div 4\nexpired: s 37—omitted under Rail Safety National Law (South Australia) Act 2012\n(20.1.2013)\nRail Safety National Law\n\nPt 1\n\ns 4\n\ns 4(1)\n\naccredited person\namended by 5/2015 s 5(1)\nAQF\ndeleted by 31/2016 s 4\nAQTF\ndeleted by 31/2016 s 4\nlevel crossing\nsubstituted by 4/2019 s 4(1)\nprivate siding\n(d) deleted by 14/2023 s 4\nrail infrastructure\namended by 17/2020 s 4\nrail or road crossing\nsubstituted by 4/2019 s 4(2)\nrailway crossing\ndeleted by 4/2019 s 4(3)\nregistered person\namended by 5/2015 s 5(2)\ns 8\n\ns 8(1)\namended by 17/2020 s 5(1)—(3)\nPt 2\n\ns 13\n\ns 13(3)\n\nprescribed authority\namended by 14/2017 s 4\ns 20\n\ns 20(4)\ndeleted by 5/2015 s 6\ns 33\namended by 31/2016 s 5\ns 42\n\ns 42(2)\namended by 3/2023 s 4\n\namended by 14/2023 s 5\ns 43\n\ns 43(2)\namended by 4/2019 s 5(1)\ns 43(3)\nsubstituted by 4/2019 s 5(2)\nPt 3\n\nPt 3 Div 4\n\nPt 3 Div Subdiv 2\n\ns 64\n\ns 64(2)\namended by 14/2017 s 5(1)\ns 64(4) and (5)\ninserted by 14/2017 s 5(2)\nPt 3 Div 4 Subdiv 3\n\ns 68\n\ns 68(3)\n(c) deleted by 14/2023 s 6\ns 72\n\ns 72(1)\namended by 5/2015 s 7\nPt 3 Div 4 Subdiv 4\n\namended by 5/2015 s 8\ns 73\n\ns 73(2)\namended by 5/2015 s 9(1), (2)\ns 73(4)\namended by 5/2015 s 9(3), (4)\nPt 3 Div 4 Subdiv 5\n\ns 76\n\ns 76(1a)\ninserted by 14/2023 s 7\ns 76(3a)—(3c)\ninserted by 5/2015 s 10\ns 76(4)\namended by 14/2017 s 6\ns 76A\ninserted by 14/2023 s 8\nPt 3 Div 5 Subdiv 3\n\ns 87\n\ns 87(3)\n(c) deleted by 14/2023 s 9\ns 91\n\ns 91(1)\namended by 5/2015 s 11\nPt 3 Div 5 Subdiv 4\n\namended by 5/2015 s 12\ns 92\n\ns 92(2)\namended by 5/2015 s 13(1)\ns 92(4)\namended by 5/2015 s 13(2), (3)\ns 94\n\ns 94(2)\namended by 14/2017 s 7(1), (2)\ns 94(3)\namended by 14/2017 s 7(3), (4)\ns 94(4)\namended by 14/2017 s 7(5), (6)\nPt 3 Div 5 Subdiv 5\n\ns 95\n\ns 95(1a)\ninserted by 14/2023 s 10\ns 95A\ninserted by 14/2023 s 11\ns 96A\ninserted by 5/2015 s 14\nPt 3 Div 6\n\ns 107\n\ns 107(2)\namended by 4/2019 s 6\ns 117\n\ns 117(2)\namended by 31/2016 s 6(1)\ns 117(6a)\ninserted by 3/2023 s 5\ns 117(7)\ninserted by 31/2016 s 6(2)\nPt 3 Div 8\n\ns 122A\ninserted by 4/2019 s 7\nPt 3 Div 9\n\ns 127\n\ns 127(1)—(4)\namended by 4/2019 s 8\ns 127A\ninserted by 4/2019 s 9\ns 128\n\ns 128(1)\namended by 5/2015 s 15\ns 128(1a)\ninserted by 30/2021 s 4\n1.11.2021\nss 128A—128C\ninserted by 4/2019 s 10\ns 129\namended by 4/2019 s 11(1), (2)\nPt 4\n\ns 145\n\ns 145(1)\namended by 5/2015 s 16\ns 149\n\ns 149(1)\namended by 31/2016 s 7(1)\ns 149(2)\nsubstituted by 31/2016 s 7(2)\ns 149(3)\namended by 31/2016 s 7(3), (4)\ns 168A\ninserted by 5/2015 s 17\nPt 5\n\ns 183\n\ns 183(1)\namended by 31/2016 s 8(1)\ns 183(3)\namended by 31/2016 s 8(2)\ns 199\n\ns 199(1a)\ninserted by 31/2016 s 9(1)\ns 199(8)\namended by 31/2016 s 9(2)\ns 199(9)\ninserted by 31/2016 s 9(3)\ns 200\n\ns 200(1) and (2)\namended by 4/2019 s 12\nPt 6\n\nPt 6 Div 1\n\ns 203\n\ns 203(3)\namended by 5/2015 s 18\n\namended by 3/2023 s 6(1), (2)\nPt 6 Div 1A\ninserted by 3/2023 s 7\nPt 6 Div 2\n\namended by 3/2023 s 8\nPt 6 Div 2 Subdiv 3\n\ns 212\n\ns 212(1)\namended by 5/2015 s 19\nPt 6 Div 2 Subdiv 4\n\namended by 5/2015 s 20\n\nsubstituted by 14/2017 s 8\ns 213\n\ns 213(2)\namended by 5/2015 s 21(1)\ns 213(4)\namended by 5/2015 s 21(2), (3)\ns 213A\ninserted by 14/2017 s 9\nPt 6 Div 2 Subdiv 6\ninserted by 5/2015 s 22\nsubstituted by 14/2023 s 12\ns 214AA\ninserted by 14/2023 s 13\nPt 7\n\ns 215\n\ns 215(1)\namended by 5/2015 s 23(1), (2)\n\namended by 14/2017 s 10(1)—(3)\ns 215(2)\namended by 5/2015 s 23(3)\nPt 8\n\ns 218\n\ns 218(2)\nsubstituted by 31/2016 s 10\nPt 9\n\ns 233\namended by 5/2015 s 24\nPt 10\n\ns 244\n\ns 244(3)\namended by 4/2019 s 13(1), (2)\ns 248\n\ns 248(3)\n\nperson to whom this section applies\namended by 229/2018 Sch 1 cl 4\ns 249\n\ns 249(1)\namended by 5/2015 s 25(1)\ns 249(2)\namended by 5/2015 s 25(1), (2)\ns 249(4)\namended by 5/2015 s 25(2)\ns 260A\ninserted by 31/2016 s 11\nSch 2\n\ncl 15A\ninserted by 31/2016 s 12\nHistorical versions\n\n1.11.2021\n\n","sortOrder":30}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"name":"Rail Safety National Law (South Australia) Act 2012","slug":"rail-safety-national-law-south-australia-act-2012","title_id":"rail-safety-national-law-south-australia-act-2012","version_id":106481,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole in-force Act including both the state wrapper provisions (Parts 1-5) and the full Rail Safety National Law set out in the Schedule. The source contains the complete current text of the Act as it applies in South Australia."},"complexity_factors":["Two-layer structure: state wrapper Act plus the Schedule containing the full national law","Three-tier penalty regime with distinct fault elements for each category","Detailed technical drug and alcohol testing procedures with evidentiary certificate provisions","Complex accreditation and registration regimes for operators and private siding managers","Safety management system requirements including interface agreements, fatigue management, and drug and alcohol programs","Cross-jurisdictional no-double-jeopardy provisions and exclusion of South Australian administrative legislation"],"plain_english_summary":"The Rail Safety National Law (South Australia) Act 2012 applies the national Rail Safety National Law as the law of South Australia and supplements it with state-specific provisions, primarily covering drug and alcohol testing procedures for rail safety workers.\n\nThe Act operates in two layers. First, it enacts the Schedule (the Rail Safety National Law itself) as South Australian law. That national law establishes the Office of the National Rail Safety Regulator (ONRSR), sets out a three-tier duty of care regime for rail transport operators, designers, manufacturers, loaders, officers and rail safety workers, requires all commercial railway operations to be accredited, mandates safety management systems and interface agreements, and equips rail safety officers with extensive inspection, audit, and enforcement powers including improvement notices, prohibition notices, and non-disturbance notices.\n\nSecond, the state wrapper in Parts 1 to 5 adapts the national scheme to South Australia. It defines South Australian emergency services and public sector agencies, provides detailed procedures for breath analysis, oral fluid testing and blood sampling of rail safety workers suspected of drug or alcohol impairment, deals with the admissibility of test certificates as evidence, addresses double jeopardy where the same conduct is an offence in another jurisdiction, and carves out South Australian administrative legislation (Freedom of Information, Ombudsman, Public Finance, Public Sector) from applying to the ONRSR.\n\nPenalties under the national law follow a tiered structure: reckless endangerment (Category 1) carries up to five years imprisonment or $300,000 for individuals and $3 million for corporations; negligent endangerment (Category 2) carries $150,000 and $1.5 million respectively; and failure to comply with a safety duty without exposing anyone to risk (Category 3) carries $50,000 and $500,000.\n\nThe Act affects rail transport operators, rail infrastructure managers, rail safety workers, designers, manufacturers, suppliers, and freight loaders across South Australia."},"kimi_summary":{"_metrics":{"completionTokens":731},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a national rail safety scheme. The South Australian Act serves as the 'host' legislation that applies the National Law as a law of South Australia, with mirror legislation in other participating jurisdictions. The scope covers rail safety regulation, accreditation, enforcement and drug/alcohol testing as originally intended. No significant scope creep is evident — the detailed provisions align with the stated purpose of creating a national system of rail safety."},"complexity_factors":["Extensive cross-referencing between the South Australian application Act and the Schedule containing the National Law","Multiple overlapping regulatory schemes: accreditation, registration, exemptions, and interface agreements","Detailed procedural requirements for drug and alcohol testing with 8-hour time limits, chain of custody rules, and evidentiary presumptions","Nested offence categories (Category 1, 2, 3) with escalating penalties and different mental elements","Complex governance structure for ONRSR involving unanimous recommendations from multiple responsible Ministers across jurisdictions","Extensive defined terms section with 50+ definitions including recursive definitions (e.g., 'this Law' refers to itself as applied in each jurisdiction)","Conditional logic throughout: 'so far as is reasonably practicable' appears 100+ times requiring case-by-case assessment","Multiple review and appeal pathways: internal review by Regulator, then court appeals, with different time limits for different notice types","Transitional provisions preserving rights and obligations from repealed state legislation","National regulations mechanism requiring unanimous Ministerial recommendation but with South Australian Governor making the instrument"],"plain_english_summary":"This legislation creates a **national system for rail safety across Australia** by establishing the **Office of the National Rail Safety Regulator (ONRSR)** — a single national body that oversees safety for railways, trains, trams and related infrastructure.\n\n**What it does:**\n- **Sets up ONRSR** as an independent national regulator with powers to make rules, conduct inspections, and enforce safety standards\n- **Requires accreditation** for anyone operating railways, trains or rail infrastructure — companies must prove they can manage safety risks before they can operate\n- **Creates safety duties** for rail operators, workers, designers and suppliers — with serious penalties (up to $3 million and 5 years jail for reckless conduct causing death or injury)\n- **Mandates safety management systems** — operators must have written plans covering risks, emergencies, fatigue, drugs/alcohol, and worker competence\n- **Allows drug and alcohol testing** of rail safety workers, with strict procedures for breath, blood and oral fluid testing\n- **Gives inspectors strong powers** — entry to premises, document seizure, search warrants, and issuing improvement/prohibition notices\n- **Provides enforcement tools** — fines, injunctions, commercial benefits orders, and even exclusion orders banning people from the industry\n\n**Who it affects:**\n- Rail transport operators (passenger and freight trains, trams, light rail)\n- Rail infrastructure managers (tracks, signals, stations)\n- Rail safety workers (drivers, signallers, maintenance staff, loaders)\n- Designers, manufacturers and suppliers of rail equipment\n- Private siding operators (industrial rail connections)\n\n**Why it matters:**\nBefore this law, each state had different rail safety rules. This creates **one consistent national framework** — making it easier for trains to cross state borders while maintaining high safety standards. It replaces the previous patchwork with a single regulator and common rules for accreditation, safety management and enforcement."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was intended to establish a national rail safety scheme through adoption of the Rail Safety National Law. Over time, amendments have significantly expanded the scope: added detailed drug and alcohol testing procedures (Part 4), introduced new exemption powers for the Regulator during emergencies (Division 1A of Part 6), inserted provisions for annual activity statements and fee indexing, and created additional offences (e.g., hindering authorised persons). The scope has grown from a basic regulatory framework to a comprehensive code covering specific operational details, forensic procedures, and financial mechanisms."},"complexity_factors":["Over 500 sections across the Act and lengthy Schedule","Cross-referencing between local application provisions and the National Law Schedule","Numerous defined terms (e.g., 'reasonably practicable', 'rail safety work', 'prescribed drug')","Nested structures: Parts, Divisions, Subdivisions, and Schedules","Conditional logic with exceptions and defences (e.g., defences to drug and alcohol offences)","Multiple decision-making processes with review rights, cost-benefit analyses, and consultation requirements","Extensive transitional provisions and legislative history","Integration with other Acts (e.g., Freedom of Information, Ombudsman) and exclusion of others","Detailed procedural rules for testing, evidence, and enforcement"],"plain_english_summary":"This South Australian Act adopts a uniform national law for rail safety across Australia. It establishes the Office of the National Rail Safety Regulator (ONRSR) to oversee railway operations. Rail transport operators must be accredited (licensed) to run trains or manage tracks, demonstrating they can manage safety risks. The law sets out duties for operators, designers, suppliers, and workers to ensure safety 'so far as is reasonably practicable' – a standard that balances risk reduction against cost. It requires operators to have safety management systems, drug and alcohol programs, and fatigue management. The Regulator has broad powers to inspect, investigate, issue improvement or prohibition notices, and suspend accreditation. There are also provisions for drug and alcohol testing of rail workers, compulsory blood testing after serious incidents, and penalties for non-compliance, including fines and imprisonment for reckless conduct. The law applies to most railways but excludes some private hobby railways and underground mine railways."},"flash_summary_failed":{"failed":true,"reason":"\u001b[1m\u001b[31mUnauthenticated request to AI Gateway.\u001b[0m\n\nTo authenticate, set the \u001b[33mAI_GATEWAY_API_KEY\u001b[0m environment variable with your API key.\n\nAlternatively, you can use a provider module instead of the AI Gateway.\n\nLearn more: \u001b[34mhttps://ai-sdk.dev/unauthenticated-ai-gateway\u001b[0m\n\n","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-south-australia-act-2012","history":"/api/acts/rail-safety-national-law-south-australia-act-2012/history","analysis":"/api/acts/rail-safety-national-law-south-australia-act-2012/analysis","conflicts":"/api/acts/rail-safety-national-law-south-australia-act-2012/conflicts","importantCases":"/api/acts/rail-safety-national-law-south-australia-act-2012/important-cases","documents":"/api/acts/rail-safety-national-law-south-australia-act-2012/documents"}}