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Rail Safety National Law Application Act 2013
Div 5Other matters 63
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Division 5—Other matters 63
48ZE Approvals 63
Part 5—Miscellaneous 64
Division 1—Director and officer criminal liability 64
49 Criminal liability of officers of bodies corporate—failure to exercise due diligence 64
Division 2—Other matters 67
50 Corporations Act displacement 67
Division 3—Regulations 67
51 Regulations 67
Part 7—Savings and transitionals 71
Division 1—Preliminary matters 71
98 Definitions 71
99 Application of Interpretation of Legislation Act 1984 72
Division 2—Transition from the Rail Safety Act 2006 73
100 Declaration of drug 73
101 Approval of persons to take blood samples 73
102 Safety management systems 73
103 Consultations for the purpose of safety management systems 73
104 System and arrangements established by an old scheme rail operator who is exempt from accreditation 74
105 Directions to stop rail operation or utility works 74
106 Directions to alter, demolish or take away works 74
107 Safety interface agreements—rail operations 75
108 Safety interface agreements—rail infrastructure and public roadways or pathways 75
109 Safety interface agreements—rail infrastructure and relevant roadways or pathways 76
110 Safety interface agreements—assessment by road managers of public roadways or pathways 76
111 Safety interface agreements—assessment by road managers of relevant roadways or pathways 76
112 Written notices of Safety Director in relation to safety interface agreements 76
113 Directions of Safety Director in relation to safety interface agreements 77
114 Registers of safety interface agreements 77
115 Accredited rail operators are accredited persons 77
116 Accreditations under Rail Safety Act 2006 are accreditations under the Law 77
117 Accreditations to be registered in National Rail Safety Register 78
118 Applications for accreditation 78
119 Directions to coordinate accreditation applications 78
120 Discretionary applications for variations of accreditation 79
121 Mandatory applications for variations of accreditation 79
122 Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director 80
123 Suspended accreditations 81
124 Surrender of accreditation 81
Division 3—Transition of pending internal review decisions under Rail Safety Act 2006 82
125 Review of decision to refuse to accredit 82
126 Review of decision to give direction to co-ordinate applications 82
127 Review of decision to impose condition or restriction on accreditation 83
128 Review of decision to refuse to vary or revoke condition or restriction of accreditation 85
129 Review of decision to refuse to vary accreditation 86
130 Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation 87
131 Review of decision to consent to surrender of accreditation 89
132 Review of decision to immediately suspend accreditation 91
133 Review of decision to take disciplinary action—imposition of new condition or restriction 92
134 Review of decision to take disciplinary action—imposition of expiry date on accreditation 94
135 Review of decision to take disciplinary action—suspension 95
136 Review of decision to take disciplinary action—cancellation 96
137 Review of decision to refuse to grant exemption from requirement to be accredited 97
138 Review of decision to revoke exemption from requirement to be accredited 98
Division 4—Transition from the Transport (Compliance and Miscellaneous) Act 1983 99
140 Things seized under seizure power 99
141 Things seized under a search warrant 100
143 Power to require production of documents and to answer questions 101
144 Direction to provide reasonable assistance 101
145 Powers to support seizure 101
146 Power to direct a thing's return 101
147 Receipt of seized things 102
148 Improvement notices 102
149 Prohibition notices 102
150 Oral directions given before a prohibition notice is served 103
151 Enforceable undertakings 104
152 Withdrawal or variation of enforceable undertakings 105
153 Reviewable decision—service of improvement notice 105
154 Reviewable decision—service of prohibition notice 106
Division 6—Private siding accreditation exemptions 107
156 Rail infrastructure manager holding private siding exemption is a registered person under Law 107
Division 7—Other matters 107
158 Provision of information and assistance by the Safety Director to the Regulator 107
Part 8—Savings and transitionals—Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 110
Division 1—Preliminary 110
160 Application of Interpretation of Legislation Act 1984 114
Division 2—Transition from the Rail Safety (Local Operations) Act 2006 114
161 Persons approved to take blood samples 114
162 Safety management systems 114
163 Consultations for the purpose of safety management systems 115
164 System and arrangements established by transitioning rail operator who is exempt from accreditation 115
166 Directions to stop railway operations or utility works 115
167 Directions to alter, demolish or take away works 116
168 Safety interface agreements—railway operations 116
169 Safety interface agreements—rail infrastructure and public roadways or pathways 117
170 Safety interface agreements—rail infrastructure and relevant roadways or pathways 117
171 Safety interface agreements—assessment by relevant road authorities of public roadways or pathways 117
172 Safety interface agreements—assessment by relevant road authorities of relevant roadways or pathways 118
173 Written notices of Safety Director in relation to safety interface agreements 118
174 Directions of Safety Director in relation to safety interface agreements 118
175 Registers of safety interface agreements 118
176 Accredited rail transport operators are accredited persons 119
177 Accreditations under Rail Safety (Local Operations) Act 2006 are accreditations under the Law 119
178 Accreditations to be registered in National Rail Safety Register 119
179 Applications for accreditation 120
180 Directions to coordinate accreditation applications 121
182 Discretionary applications for variations of accreditation 122
183 Mandatory applications for variations of accreditation 122
184 Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director 123
185 Surrender of accreditation 124
186 Suspended accreditations 125
187 Cancellations of accreditations that have not taken effect 125
188 Accreditation of rail infrastructure managers of registered private sidings that are freight terminals 126
189 Pending applications for internal review 126
190 Internal review of decision to take disciplinary action—imposition of new condition or restriction 128
191 Internal review of decision to take disciplinary action—imposition of expiry date on accreditation 130
192 Internal review of decision to take disciplinary action—suspension 132
193 Internal review of decision to take disciplinary action—cancellation 133
Division 3—Transition on amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 135
194 Things seized under seizure power 135
195 Securing a site or restricting access to rolling stock 135
196 Things seized under a search warrant 135
198 Direction to require production of document 136
199 Powers to support seizure 136
200 Power to direct a things return 137
201 Receipt of seized things 137
202 Power to require production of documents and to answer questions 138
203 Improvement notices 138
204 Prohibition notices 138
205 Non-disturbance notices 139
206 Injunctions for non-compliance with notices 139
207 Enforceable undertakings 139
208 Pending applications for internal review 140
209 Internal review of decision to serve clearance certificate—improvement notice 141
210 Internal review of decision to serve certificate—prohibition notice 142
211 Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day 143
212 Provision of information and assistance by the Safety Director to the Regulator 144
1 General information 146
2 Table of Amendments 148
3 Explanatory details 150
Rail Safety National Law Application Act 2013
Version incorporating amendments as at
The Parliament of Victoria enacts: