212 Provision of information and assistance by the Safety Director to the Regulator
(1) On and after the commencement day, the Safety Director is authorised, on their own initiative or at the request of the Regulator—
(a) to provide the Regulator with such information (including information given in confidence) in the possession or control of the Safety Director that is reasonably required by the Regulator or for the purposes of the Law and this Act (as amended by the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019); and
(b) to provide the Regulator with such other assistance as is reasonably required by the Regulator to perform a function or duty or exercise a power conferred or imposed under the Law and this Act.
(2) In subsection (1), information includes health information and personal information collected by the Safety Director in the exercise or performance of a function or power under the Local Operations Act.
(3) Nothing done, or authorised to be done, by the Safety Director in acting under subsection (1)—
(a) constitutes a breach of, or default under, an Act or other law; or
(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or
(d) constitutes a civil or criminal wrong; or
(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
(f) releases a surety or any other obligee wholly or in part from an obligation.
(4) This section applies despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006).
(5) In this section—
health information has the meaning given in section 3(1) of the Health Records Act 2001;
personal information has the meaning given in section 3(1) of the Health Records Act 2001 and section 3 of the Privacy and Data Protection Act 2014.
S. 213 inserted by No. 41/2019 s. 19, expired by force of No. 22/2013 s. 213(6).
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Section 212 - Rail Safety National Law Application Act 2013 - Provision of information and assistance by the Safety Director to the Regulator | Zoe
Minister's second reading speech—
Legislative Assembly: 7 March 2013
Legislative Council: 21 March 2013
The long title for the Bill for this Act was "A Bill for an Act to make provision for a national system of rail safety and to make related amendments to other Acts and for other purposes."
The Rail Safety National Law Application Act 2013 was assented to on 23 April 2013 and came into operation as follows:
Sections 1–5 on 24 April 2013: section 2(1); rest of Act on 19 May 2014: Special Gazette (No. 148) 13 May 2014 page 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Rail Safety National Law Application Act 2013 by Acts and subordinate instruments.
Rail Safety National Law Application Act 2013, No. 22/2013
| Assent Date: | 23.4.13 |
| Commencement Date: | S. 97 on 19.5.15: s. 97; s. 52 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2; s. 213(6) inserted on 2.12.19 by No. 41/2019 s. 19: Special Gazette (No. 480) 26.11.19 p. 1 |
| Note: | S. 54(4) repealed s. 52 on 19.5.16; s. 213(6) provided that s. 213 expired on 2.12.21 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Statute Law Revision Act 2013, No. 70/2013
| Assent Date: | 19.11.13 |
| Commencement Date: | Ss 3(Sch. 1 item 44), 4(Sch. 2 item 40) on 1.12.13: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 157 on 18.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 143) on 1.7.14: Special Gazette (No. 200) 24.6.14. p. 2 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Privacy and Data Protection Act 2014, No. 60/2014
| Assent Date: | 2.9.14 |
| Commencement Date: | S. 140(Sch. 3 item 40) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017
| Assent Date: | 19.12.17 |
| Commencement Date: | Ss 106, 107 on 31.1.18: Special Gazette (No. 443) 19.12.17 p. 2 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019
| Assent Date: | 26.3.19 |
| Commencement Date: | S. 36 on 27.3.19: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019
| Assent Date: | 6.11.19 |
| Commencement Date: | Ss 4–19 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Transport Legislation Amendment Act 2023, No. 34/2023
| Assent Date: | 21.11.23 |
| Commencement Date: | S. 127(Sch. 1 item 12) on 22.11.23: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Victorian Institute of Forensic Medicine Act 2024, No. 34/2024
| Assent Date: | 17.9.24 |
| Commencement Date: | Ss 58, 59 on 1.7.25: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
| Assent Date: | 5.8.25 |
| Commencement Date: | Ss 104, 106(Sch. 1 item 36) on 6.8.25: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Rail Safety National Law Application Act 2013 |