(1) In this Law, unless the contrary intention appears—
accredited person means a rail transport operator who is accredited under this Law, but does not include a person whose accreditation under this Law—
(a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b) is suspended under this Law;
Acting Regulator means an Acting National Rail Safety Regulator appointed under Part 2 Division 2;
amusement structure means a structure or device operated for hire or reward, or provided on hire or lease—
(a) that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and
(b) that is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect;
application Act means the Act of a jurisdiction that applies the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as a law of the jurisdiction;
approved code of practice means a code of practice approved under section 249;
associated railway track structures includes—
(a) associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and
(b) over-track structures and under-track structures (including tunnels under tracks);
Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board;
Australian rail safety law means this Law or a corresponding previous enactment in a participating jurisdiction corresponding, or substantially corresponding, to this Law;
authorised person means—
(a) a police officer; or
(b) a person appointed under section 124;
Category 1 offence—see section 58;
Category 2 offence—see section 59;
Category 3 offence—see section 60;
Section 4 - Rail Safety National Law (NSW) - Interpretation | Zoe
commercial benefits order means an order under section 230;
designated provision of this Law—see section 204;
drug means—
(a) a substance declared by the national regulations to be a drug for the purposes of this Law; and
(b) a substance declared under section 6 to be a drug for the purposes of this Law; and
(c) any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;
emergency services means—
(a) the NSW Police Force; or
(b) Fire and Rescue NSW; or
(b1) the Ambulance Service of NSW; or
(c) any other person or body prescribed by the regulations under the application Act for the purposes of this definition;
Note—
This definition is an additional New South Wales provision.
employee means a person employed under a contract of employment or contract of training;
employer means a person who employs 1 or more other persons under contracts of employment or contracts of training;
exercise, for a function, includes perform;
footpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians;
Fund means the National Rail Safety Regulator Fund established under Part 2 Division 4;
Gazette means the New South Wales Government Gazette;
Note—
This definition is an additional New South Wales provision.
Health Practitioner Regulation National Law means—
(a) the Health Practitioner Regulation National Law—
(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and
(ii) as it applies as a law of New South Wales or another State or a Territory; or
(b) the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a);
Note—
This definition is an additional New South Wales provision.
improvement notice means a notice under Part 5 Division 1;
infringement penalty provision has the meaning given by section 233;
interface agreement means an agreement made under Part 3 Division 6 Subdivision 2 about managing risks to safety identified and assessed in accordance with that Subdivision;
jurisdiction means a State or Territory;
level crossing includes each of the following areas—
(a) an area where a road and a railway (other than a tramway) meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;
(b) an area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area;
(c) a pedestrian crossing—
(i) being an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or
(ii) being an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area;
member, of ONRSR, means the Regulator, an Acting Regulator or a non-executive member appointed under Part 2 Division 2;
national regulations means the regulations made under section 264;
non-disturbance notice means a notice under Part 5 Division 3;
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 national 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 national regulations not to be a notifiable occurrence;
occupational health and safety legislation means legislation relating to occupational health and safety prescribed by the national regulations for the purposes of this definition;
Office of the National Rail Safety Regulator or ONRSR means the Office of the National Rail Safety Regulator established under Part 2 Division 1;
officer—
(a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;
(b) in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person;
participating jurisdiction means a jurisdiction in which—
(a) this Law applies as a law of the jurisdiction; or
(b) a law that substantially corresponds to the provisions of this Law has been enacted; or
(c) a law prescribed by the national regulations for the purposes of this definition has been enacted;
police officer means a member of the NSW Police Force who is a police officer within the meaning of the Police Act 1990;
Note—
This definition is an additional New South Wales provision.
prescribed drug—see section 128;
private siding means a siding that is owned, controlled or managed 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; or
(b) a crossing loop; or
(c) a passenger terminal; or
(d) (Repealed)
(e) a siding under the control and management of an accredited rail infrastructure manager; or
(f) a siding, or a siding of a class, prescribed by the national regulations not to be a private siding;
prohibition notice means a notice under Part 5 Division 2;
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;
public road means a public road within the meaning of the Roads Act 1993 (other than a Crown road within the meaning of that Act);
Note—
This definition is an additional New South Wales provision.
public sector auditor means—
(a) the Auditor-General (however described) of a participating jurisdiction; or
(b) an auditor employed, appointed or otherwise engaged, by an Auditor-General of a participating jurisdiction;
rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes—
(a) railway tracks and associated railway track structures; and
(b) service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and
(c) notices and signs; and
(d) electrical power supply and electric traction systems; and
(e) associated buildings, workshops, depots and yards; and
(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 national regulations not to be rail infrastructure;
rail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective control and management 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 or road crossing includes each of the following—
(a) a level crossing;
(b) an area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area;
(c) an area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area;
(d) a bridge carrying a road over a railway;
(e) a bridge carrying a railway over a road;
(f) a lane of a road on which rolling stock moves alongside road vehicles on the road;
rail safety officer means a person holding an appointment as a rail safety officer under Part 4 Division 2;
rail safety undertaking—see Part 10 Division 6;
rail safety work—see section 8;
rail safety worker means an individual 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;
rail workplace means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work;
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 600 millimetres or more, together with its rail infrastructure and rolling stock, and includes the following—
(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 national regulations to be a railway;
Note.
See section 7 for railways to which this Law does not apply.
railway operations means any of the following—
(a) the construction of a railway, railway tracks and associated railway track structures;
(b) the construction of rolling stock;
(c) the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;
(d) the commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;
(e) 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);
(f) the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;
(g) the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;
railway premises means—
(a) land (including any premises on land) on or in which is situated rail infrastructure; or
(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; or
(c) freight centres or depots used in connection with the carrying out of railway operations; or
(d) workshops or maintenance depots used in connection with the carrying out of railway operations; or
(e) premises (including an office, building or housing) used in connection with the carrying out of railway operations; or
(f) rolling stock or other vehicles associated with railway operations; or
(g) any other rail workplace;
reasonably practicable—see section 47;
Register means the National Rail Safety Register established under section 42;
registered person means a rail infrastructure manager who is registered under this Law, but does not include a person whose registration under this Law—
(a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or
(b) is suspended under this Law;
Regulator means the National Rail Safety Regulator or an Acting National Rail Safety Regulator appointed under Part 2 Division 2;
This definition is an additional New South Wales provision.
road has the same meaning as it has in the Roads Act 1993;
Note—
This definition is an additional New South Wales provision.
road infrastructure includes—
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement; and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a road; and
(e) any traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and
(f) anything prescribed by the national regulations to be road infrastructure,
but does not include rail infrastructure or anything that is prescribed by the national regulations not to be road infrastructure;
road manager—
(a) in relation to a private road—means the owner, or other person responsible for the care, control and management, of the road; or
(b) in relation to a public road—means an authority, person or body responsible for the care, control or management of the road;
road vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle;
Note—
This definition is an additional New South Wales provision.
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 control and management of the operation or movement of rolling stock on rail infrastructure for a 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;
running line means a railway track used primarily for the through movement of trains;
safety means the safety of people, including rail safety workers, passengers, other users of railways, users of rail or road crossings and the general public;
This definition is an additional New South Wales provision.
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;
South Australian Minister means the responsible Minister for South Australia;
substance means substance in any form (whether gaseous, liquid, solid or other), and includes material, preparation, extract and admixture;
supervisory intervention order—see section 231;
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; or
(b) in relation to services—provide, grant or confer, whether as principal or agent;
Territory means the Australian Capital Territory or the Northern Territory;
this Law means—
(a) this Law as it applies as a law of a participating jurisdiction; or
(b) a law of a participating jurisdiction that—
(i) substantially corresponds to the provisions of this Law; or
(ii) is prescribed by the national regulations for the purposes of paragraph (c) of the definition of participating jurisdiction;
train means—
(a) 2 or more units of rolling stock coupled together, at least 1 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;
(b) an association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law.
(2) In this Law—
(a) a reference to this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and
(b) a reference to the responsible Ministers is a reference to a group of Ministers consisting of—
(i) the responsible Minister for each participating jurisdiction; and
(ii) a Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the Commonwealth Minister).
(3) The Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation.
(3A) In this Law, a reference to a court—
(a) in sections 197 and 255, is a reference to the District Court; and
(b) in section 217, in relation to a decision set out in items 1–23, 30 and 32–39 of the table to section 215(1), is a reference to the Civil and Administrative Tribunal; and
(c) in section 217, in relation to a decision set out in items 24–29 and 31 of the table to section 215(1), is a reference to the Industrial Relations Commission.
Note—
This subsection is an additional New South Wales provision.
s 4: Am 2013 No 95, Sch 2.125; 2014 (762), Sch 1; 2015 No 5, sec 5; 2016 No 31, sec 4; 2018 (396), Sch 1; 2019 No 4, sec 4; 2020 No 17, sec 4; 2023 No 14, sec 4; 2025 No 61, Sch 2.79[1].