National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
4Definitions
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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;