Sch 2to this Law applies in relation to this Law.

Schedule 2 to this Law applies in relation to this Law. 6—Declaration of substance to be drug (1) The responsible Ministers may declare a substance to be a drug for the purposes of this Law. (2) A declaration under subsection (1)— (a) is to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and (b) will commence on the day specified in the declaration for its commencement (being not earlier than the date it is published); and (c) is to be published by ONRSR on its website. 7—Railways to which this Law does not apply (1) This Law does not apply to or in relation to— (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or (b) a slipway; or (c) a railway used only to guide a crane; or (d) an aerial cable operated system; or (e) a railway used only by a horse‑drawn tram; or (f) a railway used only for a static display; or (g) any other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply. (2) This Law does not apply to or in relation to the following railways: (a) a railway that— (i) is privately owned and operated as a hobby; and (ii) is operated only on private property; and (iii) does not operate on or cross a public road; and (iv) is not operated for hire or reward, or provided on hire or lease; and (v) to which members of the public do not have access (whether by invitation or otherwise); (b) a railway that— (i) is used only for the purposes of an amusement structure; and (ii) is operated only within an amusement park; and (iii) does not operate on or cross a public road; and (iv) is not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law. (3) Despite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies. 8—Meaning of rail safety work (1) Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Law: (a) driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock; (b) signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock; (c) coupling or uncoupling rolling stock; (d) constructing, maintaining, repairing, modifying, monitoring, inspecting or testing— (i) rolling stock, including checking that the rolling stock is working properly before being used; or (ii) rail infrastructure, including checking that the rail infrastructure is working properly before being used; (e) installation of components in relation to rolling stock; (f) work on or about rail infrastructure or associated works or equipment that places, or may place, the person performing the work at risk of exposure to moving rolling stock; (g) installation or maintenance of— (i) a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or (ii) the means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system; (h) work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock; (i) work involving the decommissioning of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock; (j) work involving the development, management or monitoring of safe working systems for railways; (k) work involving the management or monitoring of passenger safety on, in or at any railway; (l) any other work that is prescribed by the national regulations to be rail safety work. (2) For the purposes of this Law, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work. 9—Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is 1 single national entity, with functions conferred by this Law as so applied. (2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by this Law may exercise its functions in relation to— (a) 1 participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes— (a) a reference to a law that substantially corresponds to this Law enacted in a jurisdiction; and (b) a law prescribed by the national regulations for the purposes of the definition of a participating jurisdiction. 10—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 11—Crown to be bound (1) This Law binds the Crown, in right of this jurisdiction and, insofar as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (2) No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law. Part 2—Office of the National Rail Safety Regulator Division 1—Establishment, functions, objectives, etc 12—Establishment (1) The Office of the National Rail Safety Regulator (ONRSR) is established. (2) ONRSR— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (3) ONRSR represents the Crown. 13—Functions and objectives (1) In addition to any other function conferred on ONRSR by this Law or an Act, ONRSR has the following functions: (a) to administer, audit and review the accreditation regime under this Law; (b) to work with rail transport operators, rail safety workers, and others involved in railway operations, to improve rail safety nationally; (c) to conduct research, collect and publish information relating to rail safety; (d) to provide, or facilitate the provision of, advice, education and training in relation to rail safety; (e) to monitor, investigate and enforce compliance with this Law; (f) to engage in, promote and coordinate the sharing of information to achieve the objects of this Law, including the sharing of information with a prescribed authority; (g) at the request of the Commonwealth or a jurisdiction—to carry out any other function as agreed between ONRSR and the jurisdiction. (2) In exercising its functions, ONRSR must— (a) facilitate the safe operations of rail transport in Australia; and (b) exhibit independence, rigour and excellence in carrying out its regulatory functions; and (c) promote safety and safety improvement as a fundamental objective in the delivery of rail transport in Australia. prescribed authority means— (a) the Australian Transport Safety Bureau established under the Transport Safety Investigation Act 2003 of the Commonwealth; and (ab) Rail Industry Safety and Standards Board (RISSB) Limited; and (b) any other relevant authority established under a law of a participating jurisdiction. 14—Independence of ONRSR Except as provided under this Law or an Act, ONRSR is not subject to Ministerial direction in the exercise of its functions or powers. 15—Powers (1) ONRSR has all the powers of an individual and, in particular, may— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, real and personal property; and (c) do anything necessary or convenient to be done in the exercise of its functions. (2) Without limiting subsection (1), ONRSR may enter into an agreement (a service agreement) with a State or Territory that makes provision for— (a) the State or Territory to provide services to ONRSR that assist ONRSR in exercising its functions; or (b) ONRSR to provide services to the State or Territory. Division 2—Office of the National Rail Safety Regulator