Part 2Application of Rail Safety National Law

Part 2—Application of Rail Safety National Law 4—Application of Rail Safety National Law The Rail Safety National Law, as amended from time to time, set out in the Schedule— (a) applies as a law of this jurisdiction; and (b) as so applying may be referred to as the Rail Safety National Law (South Australia); and (c) as so applying is part of this Act. 5—Interpretation of certain expressions (1) In the Rail Safety National Law (South Australia), unless the contrary intention appears— court—a reference to a court in the Law— (a) in Part 5 (Enforcement measures) and Part 7 (Review of decisions)—is a reference to the Administrative and Disciplinary Division of the District Court; (b) in Part 10 Division 6 (Enforceable voluntary undertakings)—is a reference to the Magistrates Court; emergency services means each of the following: (a) South Australia Police; (b) South Australian Country Fire Service; (c) South Australian Metropolitan Fire Service; (d) SA Ambulance Service Inc; (e) any body prescribed by the regulations for the purposes of this definition; Gazette means the South Australian Government Gazette (including any supplement to that gazette) printed and published, or purporting to be printed and published, by the Government Printer of the State; 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 South Australia, another State or a Territory (with or without modification); or (b) the law that substantially corresponds to the law referred to in paragraph (a); magistrate means a person holding office as a magistrate under the Magistrates Act 1983; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Minister means the Minister to whom the Rail Safety National Law (South Australia) Act 2012 is committed; police officer means a member of South Australia Police under the Police Act 1998; public sector auditor means the Auditor‑General of South Australia; Rail Safety National Law or this Law means the Rail Safety National Law (South Australia); registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the registered nurses division of that profession; road means a road within the meaning of the Road Traffic Act 1961; road vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1959; shared path has the same meaning as in the Australian Road Rules; State entity means a public sector agency within the meaning of the Public Sector Act 2009; the jurisdiction or this jurisdiction means South Australia. (2) For the purposes of this Act and the Rail Safety National Law (South Australia) and any other Act or law— (a) the Office of the National Rail Safety Regulator— (i) is not a State entity (and therefore not a South Australian entity); and (ii) is not an agency or instrumentality of the South Australian Crown; and (b) an employee of the Office of the National Rail Safety Regulator is not a public sector employee employed by a public sector agency. 6—No double jeopardy If— (a) an act or omission is an offence against the Rail Safety National Law (South Australia) and is also an offence against a law of another participating jurisdiction; and (b) the offender has been punished for the offence under the law of the other jurisdiction, the offender is not liable to be punished for the offence against the Rail Safety National Law (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The Acts Interpretation Act 1915 does not apply to the Rail Safety National Law (South Australia) or to instruments made under that Law. (2) Subject to subsection (3), and except as applied under the Rail Safety National Law (South Australia) (including the regulations made under that Law), the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law: (a) the Freedom of Information Act 1991; (b) the Ombudsman Act 1972; (c) the Public Finance and Audit Act 1987; (d) the Public Sector Act 2009; (e) the Public Sector (Honesty and Accountability) Act 1995; (f) the State Procurement Act 2004; (g) the State Records Act 1997. (3) The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Rail Safety National Law (South Australia).