1
Name of Regulations
1 Name of Regulations
These Regulations are the National Transport Commission (Model Legislation—Rail Safety Bill) Regulations 2006.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This model national rail safety law creates a uniform framework so states and territories can align on rail safety: it establishes a Rail Safety Regulator, requires operator accreditation and safety management systems, sets duty‑of‑care obligations for rail workers, and provides enforcement and reporting mechanisms.
It affects rail operators, track and rolling‑stock managers, workers, contractors and suppliers, and matters because national consistency closes cross‑border safety gaps and embeds a “so far as is reasonably practicable” risk‑reduction standard.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006.
These Regulations are the National Transport Commission (Model Legislation—Rail Safety Bill) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of a Bill for an Act, about rail safety.
Note 1: The model legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(i) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the National Transport Commission and approved by the Australian Transport Council on 2 June 2006, but never actually enacted.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Model Legislation—Rail Safety Bill) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of a Bill for an Act, about rail safety.
Note 1: The model legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(i) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of a draft Bill prepared for the National Transport Commission and approved by the Australian Transport Council on 2 June 2006, but never actually enacted.
Introductory note from the National Transport Commission
This Bill is intended to provide model rail safety legislative provisions for nationally consistent implementation in each State and Territory. The Bill is in model form to allow for implementation in each jurisdiction using the most convenient and effective regulatory manner available—for instance, the provisions may be incorporated into the law of a jurisdiction by way of amendment of existing legislation. The model provisions may be varied where necessary to conform to local legal policy requirements and legislative drafting practice. Also, some of the model provisions have been classified as ‘non‑core’. These are considered valuable and desirable provisions for inclusion in best practice national rail safety legislation but their implementation in all jurisdictions is not regarded as essential for nationally consistent rail safety outcomes. Maximum penalty levels for rail safety offences have not been specified in the model Bill due to the need for penalty levels to be consistent with each State’s and Territory’s monetary penalty policy.
A Bill for an Act to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws and for other purposes
The purpose of this Act is to make provision for rail safety and other matters that form part of a system of nationally consistent rail safety laws.
Note: This section will provide for the short title or long title as appropriate for each jurisdiction.
This Act commences on a day or days to be fixed by proclamation.
Note: Commencement of the Act will be as determined by the jurisdiction.
Having regard to the importance of rail safety and regulatory efficiency, the objects of this Act are— (a) to provide for improvement of the safe carrying out of railway operations; (b) to provide for the management of risks associated with railway operations; (c) to make special provision for the control of particular risks arising from railway operations; (d) to promote public confidence in the safety of transport of persons or freight by rail.
In this Act:
accredited person means a rail transport operator who is accredited under this Act but does not include person whose accreditation under this Act—
(a) has been surrendered or revoked or has otherwise ceased to have effect under this Act; or
(b) is suspended under this Act;
Australian rail safety law means a rail safety law or a corresponding rail safety law;
Australian Rail Safety Regulator means the Rail Safety Regulator or a corresponding Rail Safety Regulator;
Chief Commissioner of Police has the same meaning as in the Police Regulation Act 1958 [local variations];
commercial benefits order means an order under section 144;
compliance code means a compliance code approved by the Minister under Division 3 of Part 8;
corresponding law means—
(a) the law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;
corresponding rail safety law means a rail safety law as defined in a corresponding law;
corresponding Rail Safety Regulator means—
(a) the Rail Safety Regulator within the meaning of a corresponding rail safety law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)); or
(b) a person prescribed by the regulations as the corresponding Rail Safety Regulator for another jurisdiction for the purposes of this Act;
drug means—
(a) a substance that is a drug for the purposes of this Act by virtue of a declaration under section 5; and
(b) any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
embargo notice means a notice under section 90;
employee means a person employed under a contract of employment or contract of training;
employer means a person who employs one or more other persons under contracts of employment or contracts of training;
exercise includes perform;
function includes power, authority or duty;
Government Gazette [local variations];
guidelines means guidelines approved by the Minister under Division 3 of Part 8;
improvement notice means a notice under section 100;
infringement notice means a notice under Division 5 of Part 7;
jurisdiction means a State or Territory;
notifiable occurrence means an accident or incident associated with railway operations—
(a) that has, or could have, caused:
(i) significant property damage; or
(ii) serious injury; or
(iii) death; or
(b) that is, or is of a class that is, prescribed by the regulations to be a notifiable occurrence or class of notifiable occurrence;
but does not include an accident or incident, or class of accident or incident, that is prescribed by the regulations not to be a notifiable occurrence;
occupational health and safety legislation means the Occupational Health and Safety Act and regulations under that Act [local variations];
police officer means an officer or member of the police force of Victoria [local variations];
private siding means a siding that is managed, owned or controlled 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—
(a) a marshalling yard;
(b) a crossing loop;
(c) a passenger terminal;
(d) a freight terminal;
(e) a siding, or a siding of a class, prescribed by the regulations not to be a private siding;
prohibition notice means a notice under section 105;
public place means—
(a) a place that—
(i) the public is entitled to use; or
(ii) is open to members of the public; or
(iii) is used by the public—
whether or not on payment of money; or
(b) a place that the occupier allows members of the public to enter, whether or not on payment of money;
rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to—
(a) railway tracks and associated track structures;
(b) service roads, signalling systems, communications systems, rolling stock control systems and data management systems;
(c) notices and signs;
(d) electrical power supply and electric traction systems;
(e) associated buildings, workshops, depots and yards;
(f) plant, machinery and equipment:
but does not include:
(g) rolling stock; or
(h) any facility, or facility of a class, that is prescribed by the regulations not to be rail infrastructure;
rail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective management and control of the rail infrastructure, whether or not the person—
(a) owns the rail infrastructure; or
(b) has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it;
rail safety law means this Act and the regulations or a provision of this Act or the regulations;
rail safety officer means a person appointed by the Rail Safety Regulator as a rail safety officer under Division 2 of Part 3;
Rail Safety Regulator means [local variations];
rail safety work—see section 8;
rail safety worker means a natural person who has carried out, is carrying out or is about to carry out, rail safety work;
rail transport operator means—
(a) a rail infrastructure manager; or
(b) a rolling stock operator; or
(c) a person who is both a rail infrastructure manager and a rolling stock operator;
railway 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 600mm or more, together with its rail infrastructure and rolling stock and includes—
(a) a heavy railway;
(b) a light railway;
(c) a monorail;
(d) an inclined railway;
(e) a tramway;
(f) a railway within a marshalling yard or a passenger or freight terminal;
(g) a private siding;
(h) a guided system, or guided system of a class, prescribed by the regulations to be a railway;
Note: See section 6 for railways to which this Act does not apply.
railway operations means—
(a) the construction of a railway, railway tracks and associated track structures or rolling stock;
(b) the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;
(c) the commissioning, maintenance, repair, modification or decommissioning of rolling stock;
(d) the 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);
(e) the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;
railway premises means—
(a) land (including any premises on land) on or in which is situated rail infrastructure;
(b) land (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;
(c) freight centres or depots used in connection with the carrying out of railway operations;
(d) workshops or maintenance depots used in connection with the carrying out of railway operations;
(e) premises including an office, building or housing used in connection with the carrying out of railway operations;
(f) rolling stock or other vehicles associated with railway operations;
railway tracks and associated track structures means—
(a) railway tracks and associated track structures and works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works);
(b) over‑track structures and under‑track structures (including tunnels under tracks);
regulations means regulations under this Act;
relevant concentration of alcohol means the concentration of alcohol present in the breath or blood of a person that is prescribed by the regulations, being zero or a positive amount;
road vehicle [local variations];
rolling 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;
rolling stock operator means a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular 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;
safety means the safety of people, including rail safety workers, passengers, other users of railways and the general public;
safety management plan means a document describing a safety management system;
safety management system—see section 57;
security management plan—see section 62;
siding 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;
substance means substance in any form (whether gaseous, liquid, solid or other) and includes material, preparation, extract and admixture;
supervisory intervention order means an order under section 145;
supply includes—
(a) in relation to goods—supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;
(b) in relation to services—provide, grant or confer, whether as principal or agent;
this jurisdiction means [local variations];
train means—
(a) two or more units of rolling stock coupled together, at least one of which is a locomotive or other self‑propelled unit; or
(b) a unit of rolling stock that is a locomotive or other self propelled unit;
Tribunal means [local variations].
The Minister, by Order published in the Government Gazette, may declare any substance to be a drug for the purposes of this Act.
Note: Local variations
This Act does not apply to— (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; (b) a slipway; (c) a railway used only to guide a crane; (d) an aerial cable operated system; (e) a railway that is operated solely within an amusement or theme park, is required to be registered as an amusement device under occupational health and safety legislation and does not operate on or across a road within the meaning of the Road Safety Act 1986 [local variations]; (f) a railway, or class of railway, that the regulations prescribe to be a railway to which this Act does not apply [local variations].
(1) To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person— (a) to eliminate risks to safety so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable. (2) To avoid doubt, for the purposes of this Act and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety— (a) the likelihood of the risk concerned eventuating; (b) the degree of harm that would result if the risk eventuated; (c) what the person concerned knows or ought reasonably to know, about the risk and any ways of eliminating or reducing the risk; (d) the availability and suitability of ways to eliminate or reduce the risk; (e) the cost of eliminating or reducing the risk.
(1
This is an opening excerpt, not the complete document.