{"id":"tas:act-2012-038","name":"Rail Safety National Law (Tasmania) Act 2012","slug":"rail-safety-national-law-tasmania-act-2012","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176854,"registerId":"tas-tas:act-2012-038-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Rail Safety National Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-038) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***Rail Safety National Law (Tasmania)*** means the provisions applying in this jurisdiction because of [section 4](#GS4@EN) .\n> \n> > (2)  Terms used in this Act and also in the Rail Safety National Law set out in the Schedule to the *Rail Safety National Law (South Australia) Act 2012* of South Australia have the same meanings in this Act as they have in that Law.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of Rail Safety National Law","content":"# Part 2 Adoption of Rail Safety National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of Rail Safety Law","content":"### 4 Application of Rail Safety Law\n\n> The Rail Safety National Law, as in force from time to time, set out in the Schedule to the *Rail Safety National Law (South Australia) Act 2012* of South Australia –\n> \n> > > (a) applies as a law of this jurisdiction; and\n> > \n> > > (b) as so applying may be referred to as the Rail Safety National Law (Tasmania); and\n> > \n> > > (c) as so applying is part of this Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation of certain expressions","content":"### 5 Interpretation of certain expressions\n\n> > (1)  In the Rail Safety National Law (Tasmania), unless the contrary intention appears –\n> > \n> > > ***court***–a reference to a court –\n> > > \n> > > > > (a) in Part 5 (Enforcement measures), is a reference to the Magistrates Court; and\n> > > > \n> > > > > (b) [*\\[Section 5 Subsection (1) amended by No. 7 of 2025, s. 220, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS220@EN) in Part 7 (Review of decisions), is a reference to the Tasmanian Civil and Administrative Tribunal; and\n> > > > \n> > > > > (c) in Division 6 of Part 10 (Enforceable voluntary undertakings), is a reference to the Magistrates Court;\n> > \n> > > ***emergency services*** means –\n> > > \n> > > > > (a) the State Emergency Service continued under [section 25](/view/html/inforce/2026-04-12/act-2006-012#GS25@EN) of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; or\n> > > > \n> > > > > (b) [*\\[Section 5 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja12@GC1@EN) Ambulance Tasmania established under the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; or\n> > > > \n> > > > > (c) the Tasmania Fire Service established under the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; or\n> > > > \n> > > > > (d) the Police Service established under the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ; or\n> > > > \n> > > > > (e) a council; or\n> > > > \n> > > > > (f) another body constituted under an Act or a Commonwealth Act, a Government agency or a part of a Government agency –\n> > > > > \n> > > > > > > (i) whose role usually includes emergency management; or\n> > > > > > \n> > > > > > > (ii) which is, or may be, in a particular emergency, required to participate in emergency management; or\n> > > > \n> > > > > (g) a prescribed body;\n> > \n> > > ***Gazette*** means the Tasmanian Government Gazette;\n> > \n> > > ***magistrate*** has the same meaning as in the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> > \n> > > ***Minister*** means the Minister to whom the administration of the [Rail Safety National Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-038) is assigned;\n> > \n> > > ***police officer*** means a police officer as defined in the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ;\n> > \n> > > ***private road*** means –\n> > > \n> > > > > (a) a road that –\n> > > > > \n> > > > > > > (i) is not open to members of the public or not used by members of the public; and\n> > > > > > \n> > > > > > > (ii) the Crown, a council, an authority that is a single authority, controlling authority, or joint authority, established under [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-095#HP3@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , a statutory authority or a State-owned Company is responsible for maintaining; and\n> > > > \n> > > > > (b) a road that –\n> > > > > \n> > > > > > > (i) is not open to members of the public or not used by members of the public; and\n> > > > > > \n> > > > > > > (ii) [*\\[Section 5 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja25@GC1@EN) is a forest road within the meaning of the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ; and\n> > > > > > \n> > > > > > > (iii) is constructed or maintained by the Forestry corporation, within the meaning of that Act, or by a person for the purpose of timber production; and\n> > > > \n> > > > > (c) a road that –\n> > > > > \n> > > > > > > (i) is not open to members of the public or not used by members of the public; and\n> > > > > > \n> > > > > > > (ii) is constructed or maintained by the Corporation, within the meaning of the [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) ; and\n> > > > \n> > > > > (d) a road that is prescribed;\n> > \n> > > ***public sector auditor*** means the Auditor-General of South Australia;\n> > \n> > > ***Rail Safety National Law*** or ***this Law*** means the Rail Safety National Law (Tasmania);\n> > \n> > > ***road*** means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles, and includes a road-related area;\n> > \n> > > ***road-related area*** means –\n> > > \n> > > > > (a) an area that divides a road; or\n> > > > \n> > > > > (b) a footpath or nature strip, whether or not adjacent to a road; or\n> > > > \n> > > > > (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals; or\n> > > > \n> > > > > (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or\n> > > > \n> > > > > (e) a shoulder of a road; or\n> > > > \n> > > > > (f) an area, or a class of area, that is prescribed to be a road-related area –\n> > > \n> > > but does not include an area, or a class of area, that is prescribed not to be a road-related area;\n> > \n> > > ***road vehicle*** means –\n> > > \n> > > > > (a) a motor vehicle within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ; or\n> > > > \n> > > > > (b) a trailer within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ;\n> > \n> > > ***shared path*** has the same meaning as in the [Road Rules 2009](/view/html/inforce/2026-04-12/sr-2009-142) ;\n> > \n> > > ***State authority*** means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority, but does not include an Agency within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ;\n> > \n> > > ***State entity*** includes –\n> > > \n> > > > > (a) an Agency within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; and\n> > > > \n> > > > > (b) a Government Business Enterprise within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and\n> > > > \n> > > > > (c) a State-owned Company; and\n> > > > \n> > > > > (d) a State authority that is not a Government Business Enterprise; and\n> > > > \n> > > > > (e) the council, board, trust or trustees, or other governing body (however designated) of, or for, a corporation, body of persons or institution, that is or are appointed by the Governor or a Minister of the Crown; and\n> > > > \n> > > > > (f) any other person or body prescribed by the regulations;\n> > \n> > > ***State-owned Company*** means a company incorporated under the Corporations Act which is controlled by –\n> > > \n> > > > > (a) the Crown; or\n> > > > \n> > > > > (b) a State authority; or\n> > > > \n> > > > > (c) another company which is itself controlled by the Crown or a State authority;\n> > \n> > > ***the jurisdiction*** or ***this jurisdiction*** means Tasmania.\n> \n> > (2)  For the purposes of this Act and the Rail Safety National Law (Tasmania) and any other Act or law –\n> > \n> > > > (a) the Office of the National Rail Safety Regulator –\n> > > > \n> > > > > > (i) is not a State entity (and therefore not a Tasmanian entity); and\n> > > > > \n> > > > > > (ii) is not an agency or instrumentality of the Tasmanian Crown; and\n> > > \n> > > > (b) an employee of the Office of the National Rail Safety Regulator is not a State Service officer or State Service employee.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"No double jeopardy","content":"### 6 No double jeopardy\n\n> If –\n> \n> > > (a) an act or omission is an offence against the Rail Safety National Law (Tasmania) and is also an offence against a law of another participating jurisdiction; and\n> > \n> > > (b) the offender has been punished for the offence under the law of the other jurisdiction –\n> \n> the offender is not liable to be punished for the offence against the Rail Safety National Law (Tasmania).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### 7 Exclusion of legislation of this jurisdiction\n\n> > (1)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) does not apply to the Rail Safety National Law (Tasmania) or to instruments made under that Law.\n> \n> > (2)  [*\\[Section 7 Subsection (2) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja12@GC1@Hpa@EN) Subject to [subsection (3)](#GS7@Gs3@EN) , the following Acts, or provisions of Acts, of this jurisdiction do not apply to this Act and the Rail Safety National Law (Tasmania) or to instruments made under that Law (except as applied under that Law):\n> > \n> > > > (a) [Archives Act 1983](/view/html/inforce/2026-04-12/act-1983-076) ;\n> > > \n> > > > (b) [Audit Act 2008](/view/html/inforce/2026-04-12/act-2008-049) ;\n> > > \n> > > > (c) [*\\[Section 7 Subsection (2) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja12@GC1@Hpb@EN) sections [13](/view/html/inforce/2026-04-12/act-2016-042#GS13@EN) , [14](/view/html/inforce/2026-04-12/act-2016-042#GS14@EN) , [15](/view/html/inforce/2026-04-12/act-2016-042#GS15@EN) , [16](/view/html/inforce/2026-04-12/act-2016-042#GS16@EN) , [50](/view/html/inforce/2026-04-12/act-2016-042#GS50@EN) , [51](/view/html/inforce/2026-04-12/act-2016-042#GS51@EN) , [56](/view/html/inforce/2026-04-12/act-2016-042#GS56@EN) , [57](/view/html/inforce/2026-04-12/act-2016-042#GS57@EN) , [58](/view/html/inforce/2026-04-12/act-2016-042#GS58@EN) and [59](/view/html/inforce/2026-04-12/act-2016-042#GS59@EN) and [Parts 4](/view/html/inforce/2026-04-12/act-2016-042#HP4@EN) and [5](/view/html/inforce/2026-04-12/act-2016-042#HP5@EN) of the [Financial Management Act 2016](/view/html/inforce/2026-04-12/act-2016-042) ;\n> > > \n> > > > (d) [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> > > \n> > > > (e) [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) ;\n> > > \n> > > > (f) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ;\n> > > \n> > > > (g) [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .\n> \n> > (3)  The Acts referred to in [subsection (2)](#GS7@Gs2@EN) apply to a State entity or an employee of a State entity exercising a function under the Rail Safety National Law (Tasmania).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Amendments to National Law","content":"### 8 Amendments to National Law\n\n> > (1)  The Minister is to cause any amendment to the Rail Safety National Law (Tasmania) to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment receives the Royal Assent in South Australia.\n> \n> > (2)  Nothing in this section affects the operation of that amendment.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"National Regulations","content":"# Part 3 National Regulations","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Procedure in relation to national law regulations","content":"### 9 Procedure in relation to national law regulations\n\n> > (1)  The making of any regulations under the Rail Safety National Law (Tasmania) is to be notified in the *Gazette* within 21 days after the day on which the regulations are published on the NSW legislation website in accordance with Part 6A of the *Interpretation Act 1987* of New South Wales.\n> \n> > (2)  The regulations are to be laid before each House of Parliament within the first 10 sitting-days of the House after the regulations are notified in the *Gazette*.\n> \n> > (3)  The regulations are to take effect on or from a day that is specified for the purpose in the regulations.\n> \n> > (4)  If either House of Parliament passes a resolution, of which notice has been given within the first 15 sitting-days of the House after any regulation under [subsection (1)](#GS9@Gs1@EN) is laid before it, that the regulation be disallowed –\n> > \n> > > > (a) the provisions of [subsection (5)](#GS9@Gs5@EN) have effect; and\n> > > \n> > > > (b) the Minister is to notify the Ministerial Council of the resolution.\n> \n> > (5)  If a regulation referred to in [subsection (1)](#GS9@Gs1@EN) 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).","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions Relating to Drug and Alcohol Testing","content":"# Part 4 Provisions Relating to Drug and Alcohol Testing","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Testing for drugs and alcohol","content":"### 10 Testing for drugs and alcohol\n\n> > (1)  For the purposes of this section –\n> > \n> > > ***applicable provisions*** means –\n> > > \n> > > > > (a) [Part I of the](/view/html/inforce/2026-04-12/act-1970-077#HPI@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ; and\n> > > > \n> > > > > (b) [*\\[Section 10 Subsection (1) amended by No. 37 of 2020, s. 4, Applied:17 Nov 2020\\]*](/view/html/inforce/2020-11-17/act-2020-037#GS4@Hpa@EN) [Division 2 of Part II](/view/html/inforce/2026-04-12/act-1970-077#HPII@HD2@EN) (excluding [section 14](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) ) of that Act; and\n> > > > \n> > > > > (ba) [*\\[Section 10 Subsection (1) amended by No. 37 of 2020, s. 4, Applied:17 Nov 2020\\]*](/view/html/inforce/2020-11-17/act-2020-037#GS4@Hpb@EN) [section 14](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) of that Act other than [section 14(1B)(b)](/view/html/inforce/2026-04-12/act-1970-077#GS14@Gs1B@Hpb@EN) ; and\n> > > > \n> > > > > (c) [Part III](/view/html/inforce/2026-04-12/act-1970-077#HPIII@EN) of that Act –\n> > > \n> > > as in force from time to time.\n> \n> > (2)  Without limiting the application of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) to a rail safety worker otherwise than by virtue of this section, the applicable provisions of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) , with the appropriate modifications, apply to, and in relation to, a rail safety worker carrying out, or attempting to carry out, rail safety work.\n> \n> > (3)  The appropriate modifications of the applicable provisions of the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) are as follows:\n> > \n> > > > (a) in [section 2(1)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs1@EN) of the applicable provisions the words \"a concentration of 0.05 of a gram of alcohol in 210 litres of breath or a concentration of 0.05 of a gram of alcohol in 100 millilitres of blood\" in the definition of *prescribed concentration* are to be taken to be the words \"any concentration of alcohol in the blood\";\n> > > \n> > > > (b) in [section 2(1)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs1@EN) of the applicable provisions the words \"a drug prescribed in the regulations as an illicit drug\" in the definition of *prescribed illicit drug* are to be taken to be the words \"a prescribed drug as defined in section 128(5) of the Rail Safety National Law (Tasmania)\";\n> > > \n> > > > (c) a reference in the applicable provisions, in relation to a person, to the relevant time, in relation to a test, an examination or requirement or direction to submit to the taking of a sample, is to be taken, despite [section 2(3A)](/view/html/inforce/2026-04-12/act-1970-077#GS2@Gs3A@EN) of those provisions, to be a reference to the time when the person was required or directed to undertake the test or medical examination or to submit to the taking of the sample;\n> > > \n> > > > (d) a reference in the applicable provisions to –\n> > > > \n> > > > > > (i) a driver; or\n> > > > > \n> > > > > > (ii) the driving of a vehicle or a motor vehicle; or\n> > > > > \n> > > > > > (iii) [*\\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpb@EN) [*\\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpa@EN) a person driving, or who drove, or who has driven, a vehicle or a motor vehicle –\n> > > > \n> > > > is to be taken to be a reference to a rail safety worker carrying out, or attempting to carry out, rail safety work;\n> > > \n> > > > (e) [*\\[Section 10 Subsection (3) amended by No. 38 of 2017, s. 64, Applied:03 Dec 2018\\]*](/view/html/inforce/2018-12-03/act-2017-038#GS64@Hpc@EN) a reference in the applicable provisions, (apart from [section 7AA](/view/html/inforce/2026-04-12/act-1970-077#GS7AA@EN) and [section 10](/view/html/inforce/2026-04-12/act-1970-077#GS10@EN) ) to a police officer or an approved operator is to be taken to include a reference to an authorised person;\n> > > \n> > > > (f) a matter, thing or person that or who is prescribed or approved for the purposes of that Act is to be taken to be prescribed or approved, respectively, for the purposes of the applicable provisions as they apply by virtue of this section;\n> > > \n> > > > (g) [sections 7D](/view/html/inforce/2026-04-12/act-1970-077#GS7D@EN) , [8](/view/html/inforce/2026-04-12/act-1970-077#GS8@EN) and [8A](/view/html/inforce/2026-04-12/act-1970-077#GS8A@EN) of the applicable provisions do not, by reason only of this section, apply to a rail safety worker carrying out, or attempting to carry out, rail safety work;\n> > > \n> > > > (h) in [section 9(1)](/view/html/inforce/2026-04-12/act-1970-077#GS9@Gs1@EN) of the applicable provisions, the words \"a person drove a motor vehicle in a public street while he was in such a condition as to be incapable of driving that vehicle without risk of danger to other persons\" are to be taken to be the words \"a rail safety worker carrying out, or attempting to carry out, rail safety work is in such a condition as to be incapable of undertaking a function or duty of a rail safety worker\";\n> > > \n> > > > (i) [section 10(8)](/view/html/inforce/2026-04-12/act-1970-077#GS10@Gs8@EN) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker carrying out or attempting to carry out his or her work as a rail safety worker;\n> > > \n> > > > (j) in [section 10A(1)](/view/html/inforce/2026-04-12/act-1970-077#GS10A@Gs1@EN) of the applicable provisions, the words \"the driver of a vehicle\" are to be taken to be omitted;\n> > > \n> > > > (k) [section 10A(1A)](/view/html/inforce/2026-04-12/act-1970-077#GS10A@Gs1A@EN) of the applicable provisions does not, by reason only of this section, apply to a rail safety worker carrying out or attempting to carry out his or her work as a rail safety worker;\n> > > \n> > > > (l) [section 22(2)](/view/html/inforce/2026-04-12/act-1970-077#GS22@Gs2@EN) of the applicable provisions is to be taken to include a reference to all offences under the Rail Safety National Law (Tasmania).","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Concentration of alcohol in breath taken to indicate concentration of alcohol in blood","content":"### 11 Concentration of alcohol in breath taken to indicate concentration of alcohol in blood\n\n> If 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 (Tasmania) and any other Act, be taken to be that number of grams of alcohol in 100 millilitres of the person's blood.","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transitional Provisions","content":"# Part 5 Transitional Provisions","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Interpretation","content":"### 12 Interpretation\n\n> In this Part –\n> \n> > ***Rail Safety National Law*** or ***Law*** means the Rail Safety National Law, as in force from time to time, set out in the Schedule to the *Rail Safety National Law (South Australia) Act 2012* of South Australia;\n> \n> > ***relevant day*** means the day on which the [Rail Safety Act 2009](/view/html/inforce/2026-04-12/act-2009-064) is repealed;\n> \n> > ***repealed Act*** means the [Rail Safety Act 2009](/view/html/inforce/2026-04-12/act-2009-064) .","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Accreditation","content":"### 13 Accreditation\n\n> > (1)  An application for accreditation, or variation of accreditation, made but not determined under the repealed Act immediately before the relevant day, will be taken, on and from the relevant day, to be an application for accreditation, or variation of accreditation, under the Rail Safety National Law and will, accordingly, be determined in accordance with that Law.\n> \n> > (2)  A 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 that operator will be taken, on and from 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> \n> > (3)  If, 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, on and from the relevant day, to hold by virtue of [subsection (2)](#GS13@Gs2@EN) will be subject to the same suspension as applied to the accreditation under the repealed Act.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Registration","content":"### 14 Registration\n\n> A rail infrastructure manager of a private siding that, immediately before the relevant day, is registered under the repealed Act will be taken, on and from the relevant day, to be registered under the Rail Safety National Law in respect of the private siding subject to the conditions and restrictions that applied to the registration under the repealed Act.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Notifiable occurrences","content":"### 15 Notifiable occurrences\n\n> > (1)  A report of a notifiable occurrence made under [section 66](/view/html/inforce/2026-04-12/act-2009-064#GS66@EN) of the repealed Act immediately before the relevant day will have effect, on and from the relevant day, as if it were a report of a notifiable occurrence made under Division 8 of Part 3 of the Rail Safety National Law (Tasmania).\n> \n> > (2)  A notifiable occurrence that is being investigated under [section 67](/view/html/inforce/2026-04-12/act-2009-064#GS67@EN) of the repealed Act immediately before the relevant day will, on and from the relevant day, continue as if it were an investigation under Division 8 of Part 3 of the Rail Safety National Law (Tasmania).","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Notices","content":"### 16 Notices\n\n> > (1)  A notice in force under [section 65](/view/html/inforce/2026-04-12/act-2009-064#GS65@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were a notice under section 20 of the Rail Safety National Law (Tasmania).\n> \n> > (2)  An embargo notice in force under [Division 4 of Part 9](/view/html/inforce/2026-04-12/act-2009-064#HP9@HD4@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were a non-disturbance notice under Division 3 of Part 5 of the Rail Safety National Law (Tasmania).\n> \n> > (3)  A direction in force under [section 96](/view/html/inforce/2026-04-12/act-2009-064#GS96@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were a notice under section 120 of the Rail Safety National Law (Tasmania).\n> \n> > (4)  An improvement notice in force under [Division 7 of Part 9](/view/html/inforce/2026-04-12/act-2009-064#HP9@HD7@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were an improvement notice under Division 1 of Part 5 of the Rail Safety National Law (Tasmania).\n> \n> > (5)  A prohibition notice in force under [Division 8 of Part 9](/view/html/inforce/2026-04-12/act-2009-064#HP9@HD8@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were a prohibition notice under Division 2 of Part 5 of the Rail Safety National Law (Tasmania).\n> \n> > (6)  An infringement notice in force under [Division 5 of Part 11](/view/html/inforce/2026-04-12/act-2009-064#HP11@HD5@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were an infringement notice under Part 9 of the Rail Safety National Law (Tasmania).\n> \n> > (7)  An enforceable voluntary undertaking in force under [Division 6 of Part 11](/view/html/inforce/2026-04-12/act-2009-064#HP11@HD6@EN) of the repealed Act immediately before the relevant day will continue, on and from the relevant day, to have force and effect as if it were an enforceable voluntary undertaking under Division 6 of Part 10 of the Rail Safety National Law (Tasmania).","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Review and appeals","content":"### 17 Review and appeals\n\n> > (1)  If a decision has been made under the repealed Act that was reviewable under [Part 10](/view/html/inforce/2026-04-12/act-2009-064#HP10@EN) of that 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 (Tasmania) as if the decision had been made under that Law.\n> \n> > (2)  Any action resulting from the review of, or appeal against, a decision in relation to an application made under [subsection (1)](#GS17@Gs1@EN) is to be taken to be an action under the Rail Safety National Law (Tasmania) subject to the conditions and restrictions that would have applied to that action under the repealed Act.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Provision of information and assistance by Rail Safety Regulator","content":"### 18 Provision of information and assistance by Rail Safety Regulator\n\n> > (1)  Despite 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> > \n> > > > (a) to 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 (Tasmania); and\n> > > \n> > > > (b) to provide ONRSR with such other assistance as is reasonably required by ONRSR to perform or exercise a function or power under this Act or the Rail Safety National Law (Tasmania).\n> \n> > (2)  Despite any other Act or law, the Rail Safety Regulator under the repealed Act may authorise ONRSR to disclose information provided under [subsection (1)](#GS18@Gs1@EN) even if the information was given to the Rail Safety Regulator in confidence.\n> \n> > (3)  Nothing done, or authorised to be done, by the Rail Safety Regulator in acting under [subsection (1)](#GS18@Gs1@EN) or [(2)](#GS18@Gs2@EN)  –\n> > \n> > > > (a) constitutes a breach of, or default under, an Act or other law; or\n> > > \n> > > > (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n> > > \n> > > > (c) constitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n> > > \n> > > > (d) constitutes a civil or criminal wrong; or\n> > > \n> > > > (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n> > > \n> > > > (f) releases a surety or any other oblige wholly or in part from an obligation.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Regulations – saving and transitional provisions","content":"### 19 Regulations – saving and transitional provisions\n\n> > (1)  The 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> \n> > (2)  Regulations made under this section may –\n> > \n> > > > (a) have a retrospective effect to a day on or from a date not earlier than the day on which this Act commences; and\n> > > \n> > > > (b) be of limited or general application; and\n> > > \n> > > > (c) leave any matter or thing to be decided by a specified person or class of persons.\n> \n> > (3)  Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Rail safety officers","content":"### 20 Rail safety officers\n\n> A person holding office as a rail safety officer under [section 152](/view/html/inforce/2026-04-12/act-2009-064#GS152@EN) of the repealed Act immediately before the relevant day may continue, on and from the relevant day, to hold office as a rail safety officer and may perform the functions and exercise the powers of a rail safety officer under the Rail Safety National Law (Tasmania) –\n> \n> > > (a) for a period of 6 months commencing on the commencement of this Act; or\n> > \n> > > (b) until he or she is appointed as a rail safety officer under section 135 of the Rail Safety National Law (Tasmania) –\n> \n> whichever occurs first.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Existing operators under repealed Act","content":"### 21 Existing operators under repealed Act\n\n> > (1)  In this section –\n> > \n> > > ***existing operator*** means a person who is accredited under the repealed Act immediately before the commencement of this Act.\n> \n> > (2)  The provisions in force under [Part 15](/view/html/inforce/2026-04-12/act-2009-064#HP15@EN) of the repealed Act, in relation to existing operators, immediately before the commencement of this Act continue in relation to those operators under the Rail Safety National Law (Tasmania) for the period for which they would have continued under the repealed Act.","sortOrder":25},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Administration of Act","content":"### 22 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Infrastructure; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.\n\n*\n\n**23.**   \n\n> See [Schedule 1](#JS1@EN) .\n\n*","sortOrder":27},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Legislation repealed","content":"### 24 Legislation repealed\n\n> The legislation specified in [Schedule 2](#JS2@EN) is repealed.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Legislation rescinded","content":"### 25 Legislation rescinded\n\n> The legislation specified in [Schedule 3](#JS3@EN) is rescinded.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Legislation revoked","content":"### 26 Legislation revoked\n\n> The legislation specified in [Schedule 4](#JS4@EN) is revoked.","sortOrder":31},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 23](#GS23@EN)\n\n> > (a) [Boundary Fences Act 1908](/view/html/inforce/2026-04-12/act-1908-040) ;\n> \n> > (b) [Emu Bay Railway (Operation and Acquisition) Act 2009](/view/html/inforce/2026-04-12/act-2009-044) ;\n> \n> > (c) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ;\n> \n> > (d) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> \n> > (e) [Rail Company Act 2009](/view/html/inforce/2026-04-12/act-2009-046) ;\n> \n> > (f) [Rail Infrastructure Act 2007](/view/html/inforce/2026-04-12/act-2007-036) .","sortOrder":32},{"sectionNumber":"SCHEDULE 2 - Legislation repea","sectionType":"part","heading":"SCHEDULE 2 - Legislation repealed","content":"# SCHEDULE 2 - Legislation repea SCHEDULE 2 - Legislation repealed\n\n[Section 24](#GS24@EN)\n\n| Rail Safety Act 2009 (No. 64 of 2009) |","sortOrder":33},{"sectionNumber":"SCHEDULE 3 - Legislation resci","sectionType":"part","heading":"SCHEDULE 3 - Legislation rescinded","content":"# SCHEDULE 3 - Legislation resci SCHEDULE 3 - Legislation rescinded\n\n[Section 25](#GS25@EN)\n\n| Rail Safety Regulations 2010 (No. 110 of 2010) |","sortOrder":34},{"sectionNumber":"SCHEDULE 4 - Legislation revok","sectionType":"part","heading":"SCHEDULE 4 - Legislation revoked","content":"# SCHEDULE 4 - Legislation revok SCHEDULE 4 - Legislation revoked\n\n[Section 26](#GS26@EN)\n\n| Rail Safety (Guidelines) Order 2010 (No. 107 of 2010) |\n| Proclamation under the Rail Safety Act 2009 (No. 109 of 2010) |\n| Rail Safety (Fees) Notice 2012 (No. 42 of 2012) |","sortOrder":35}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained true to its original intent as a mechanism for Tasmania to adopt the national rail safety framework. There is no indication of scope creep or significant departure from its original purpose, though amendments noted in the table of amending instruments may have updated administrative or technical details over time."},"complexity_factors":["Referral/adoption mechanism means the actual substantive law exists in a separate national instrument, making the full legal picture hard to grasp from this Act alone","Interaction between Tasmanian law and a national legislative framework creates jurisdictional complexity (constitutional referral of powers)","Rail safety regulation involves highly technical subject matter including safety management systems, accreditation processes, and incident investigation protocols","Amendments to the national law may or may not automatically flow through to Tasmania depending on how the referral is structured, creating uncertainty about the current applicable rules","Multiple duty holders (operators, infrastructure managers, workers) each with distinct layered obligations","Penalties and enforcement powers involve both state and national regulatory bodies, creating potential confusion about who has authority in a given situation","Limited substantive content visible in this extract — the bulk of operative law requires reference to the adopted national instrument"],"plain_english_summary":"## Rail Safety National Law (Tasmania) Act 2012\n\nThis Tasmanian law is essentially a **referral/adoption Act** — it plugs Tasmania into a national rail safety framework that applies consistently across participating Australian states and territories.\n\n### What does it do?\nRather than Tasmania having its own unique set of rail safety rules, this Act adopts the **Rail Safety National Law** (a uniform set of rules developed at the national level) and makes it apply in Tasmania as if it were Tasmanian law. Think of it like Tasmania signing up to a shared rulebook.\n\n### Who does it affect?\n- **Rail operators** (both freight and passenger) running services in Tasmania\n- **Rail infrastructure managers** (people/organisations responsible for maintaining train tracks, signals, stations, etc.)\n- **Rail workers** and their employers\n- Businesses that interact with the Tasmanian rail network\n\n### Why does it matter?\n- It means rail operators don't face a patchwork of different rules in every state — there's one consistent national standard for **safety management, accreditation (official approval to operate), incident reporting, and inspections**\n- A single national regulator oversees compliance, reducing red tape for operators who work across state borders\n- It sets out serious obligations: operators must have **safety management systems** (documented plans to identify and manage risks), and there are significant penalties for breaches\n- **Incidents and accidents** must be reported and investigated under consistent national rules\n\n### In plain terms\nIf you run trains in Tasmania, you must meet the same safety standards as operators in other participating states. If you're a passenger or live near rail infrastructure, this law is part of what keeps the network safe."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The access timestamp of 5 April 2026 combined with a 'file last modified 18 July 2025' date is internally coherent on its face, but the document provided to this analysis tool appears to reference a future date (2026), which may indicate metadata inconsistency or a generated/test document. This is a low-severity metadata oddity rather than a substantive legislative flaw.","confidence":0.5,"description":"The document states it was 'accessed 5 April 2026 at 13:18' but also states 'Version current from 1 July 2025 to date'. If the access date of 5 April 2026 is genuine, the legislation purports to have been accessed from a future date relative to any reasonable drafting timeline, raising questions about the authenticity of the version information."},{"type":"other","section":"Preamble / Title block","severity":"low","reasoning":"While likely a rendering or consolidation artefact rather than a substantive legislative flaw, duplicated headings in a consolidated Act create uncertainty about document structure. In a strict legal interpretation context, duplicated provisions or headings could theoretically be argued to create separate operative sections, though courts would likely treat this as a clerical error.","confidence":0.75,"description":"The title and heading blocks are duplicated multiple times verbatim (e.g., 'Rail Safety National Law (Tasm Rail Safety National Law (Tasmania) Act 2012' appears repeatedly, and 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation' all appear as doubled headings). This creates ambiguity about which heading is authoritative and suggests a structural/formatting defect in the consolidated version."},{"type":"self_contradicting","section":"Status Information – Currency of version","severity":"low","reasoning":"The metadata promises near-real-time updates within 3 working days but the file modification date lags the version commencement date by approximately 18 calendar days (roughly 12–13 working days), directly contradicting the stated update policy. This is an administrative rather than substantive legislative contradiction, but it is a logical inconsistency on the face of the document.","confidence":0.65,"description":"The document states legislation 'is usually updated within 3 working days after a change to the legislation' yet the file was 'last modified 18 July 2025' while the version is described as 'current from 1 July 2025 to date'. This implies an 18-day gap between the stated commencement of the current version (1 July 2025) and the file modification date, which contradicts the 3-working-day update commitment."}],"contradictions":[{"severity":"low","section_a":"Status Information – Currency of version (update within 3 working days)","section_b":"Authorisation – File last modified 18 July 2025 vs version current from 1 July 2025","confidence":0.65,"description":"The status block simultaneously asserts that the site is 'usually updated within 3 working days after a change to the legislation' and that the file was last modified on 18 July 2025, despite the current version commencing on 1 July 2025 — a gap of approximately 13 working days, directly contradicting the 3-working-day update standard."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose as an adoption statute for the national rail safety scheme. While it includes detailed transitional arrangements and local modifications, these are ancillary to the core function of implementing the Rail Safety National Law in Tasmania. The scope has not expanded beyond the original intent of harmonising rail safety regulation."},"complexity_factors":["Adopts external legislation by reference (the South Australian Rail Safety National Law), meaning the full legal effect depends on another jurisdiction's statute","Extensive modification of adopted law through local definitions (15+ defined terms in section 5 alone)","Complex drug and alcohol testing provisions requiring cross-reading with the Road Safety (Alcohol and Drugs) Act 1970 and 12 specific textual modifications","Nested exceptions in section 7 (exclusion of legislation) with a general exclusion followed by a specific exception for State entities","Multi-layered transitional provisions preserving rights and obligations from the repealed Rail Safety Act 2009 across 9 different scenarios (accreditations, registrations, notices, investigations, etc.)","Intergovernmental coordination mechanisms (section 9) requiring disallowance in majority of jurisdictions before local effect ceases","Multiple schedules with consequential amendments to 6 other Acts and repeal of 1 Act, rescission of 1 regulation, and revocation of 3 instruments"],"plain_english_summary":"This Act brings Tasmania into a national scheme for rail safety regulation. Instead of writing its own detailed rail safety laws from scratch, Tasmania 'adopts' a set of laws already written by South Australia (called the Rail Safety National Law). This means rail operators in Tasmania now follow the same safety rules as those in other participating states.\n\n**What it does:**\n- **Adopts the national law**: The Rail Safety National Law from South Australia becomes Tasmanian law, with local modifications.\n- **Sets up local definitions**: It defines Tasmanian-specific terms like which courts handle disputes (Magistrates Court for enforcement, Tasmanian Civil and Administrative Tribunal for reviews), what counts as 'emergency services', and which roads are 'private roads'.\n- **Drug and alcohol testing**: It applies Tasmania's existing road safety drug and alcohol testing rules to rail safety workers, with modifications (for example, any alcohol concentration is prohibited, not just the 0.05 limit for drivers).\n- **Prevents double punishment**: If someone is punished for a rail safety offence in another state, they can't be punished again in Tasmania for the same act.\n- **Excludes certain Tasmanian laws**: Normal Tasmanian laws about freedom of information, ombudsman oversight, and state service employment don't apply to the national rail safety regulator (ONRSR), which operates independently.\n- **Handles the transition**: It smoothly transfers existing rail operator accreditations, registrations, and ongoing investigations from the old Tasmanian Rail Safety Act 2009 to the new national scheme.\n\n**Who it affects:**\n- Rail transport operators in Tasmania\n- Rail safety workers (drivers, maintenance staff, etc.)\n- The Office of the National Rail Safety Regulator (ONRSR)\n- Emergency services and police who interact with rail operations\n\n**Why it matters:**\nThis creates consistent safety standards across state borders, reduces red tape for rail companies operating in multiple states, and establishes a single national regulator to oversee rail safety instead of separate state bodies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-tasmania-act-2012","history":"/api/acts/rail-safety-national-law-tasmania-act-2012/history","analysis":"/api/acts/rail-safety-national-law-tasmania-act-2012/analysis","conflicts":"/api/acts/rail-safety-national-law-tasmania-act-2012/conflicts","importantCases":"/api/acts/rail-safety-national-law-tasmania-act-2012/important-cases","documents":"/api/acts/rail-safety-national-law-tasmania-act-2012/documents"}}