37Modifications of FOI Act for purposes of national rail safety scheme

#### 37 Modifications of FOI Act for purposes of national rail safety scheme 37 Modifications of FOI Act for purposes of national rail safety scheme > The FOI Act applies— > > > (a) as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act 1972 of South Australia; > > > (b) section 4(1), definition of agency—as if the following paragraph were inserted after paragraph (f) of the definition— > > > > > > (fa) the Office of the National Rail Safety Regulator (ONRSR); or > > > (c) section 4(1), definition of government—as if government referred to the government of each participating jurisdiction; > > > (d) section 4(1)—as if the following definition were inserted after the definition of officer— > > > > > participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012; > > > (e) section 4(1), definition of State Government agency—as if the ONRSR were excluded from the definition; > > > (ea) section 4(1)—as if the following definitions were inserted after the definition of principal officer— > > > > Rail Safety National Law means— > > > > > (a) the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a), as amended from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012, as it applies as a law of a participating jurisdiction; or > > > > > (b) a law of a participating jurisdiction, as in force from time to time, that— > > > > > > > (i) substantially corresponds to the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a) set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012; or > > > > > > > (ii) is prescribed by the [Rail Safety National Law National Regulations 2012](/view/html/inforce/current/sl-2012-0617) for the purposes of paragraph (c) of the definition of participating jurisdiction; > > > > Regulator means the Regulator appointed under the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a); > > > (f) section 9(1a)—as if subsection (1a) were deleted and the following subsection substituted— > > > > > > (1a) ONRSR must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in ONRSR’s annual report and on ONRSR’s website. > > > (g) section 21(1)(b)—as if the reference to Parliament were a reference to the Parliament of a participating jurisdiction; > > > (h) section 53(2)(b)—as if paragraph (b) were deleted; > > > (i) as if section 54AA were deleted and the following section substituted— > > > (j) Schedule 1—as if a reference to Cabinet were a reference to the Cabinet of a participating jurisdiction; > > > (k) Schedule 1—as if a reference to Executive Council were a reference to the Executive Council (by whatever name) of a participating jurisdiction; > > > (ka) Schedule 1, clause 4(2)(a)(iii)—as if “revenue law” were deleted and “rail safety law” were substituted; > > > (kb) Schedule 1, clause 4(2)(a)(iv)—as if “or managing rail safety” were inserted after “public safety”; > > > (kc) Schedule 1, clause 7(1)(c)(ii)(A)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator” were substituted; > > > (kd) Schedule 1, clause 9(1)(a)(ii)—as if “including by, or with, a committee of ONRSR” were inserted after “taken place”; > > > (ke) Schedule 1, clause 9(1)(a)—as if “an agency” were deleted and “ONRSR or the Regulator” were substituted; > > > (kf) Schedule 1, clause 13(1)(b)(i)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator in a co-regulatory environment” were substituted; > > > (l) Schedule 1, clause 13(2) to (7)—as if subclauses (2) to (7) (inclusive) were deleted; > > > (la) Schedule 1—as if the following clauses were inserted after clause 19— > > > (m) with any other modifications that are necessary. > > **Reg 37:** Am 2019 (263), reg 6 (1)–(3); 2021 (235), reg 4; 2022 (317), reg 4.