Subdiv 2National Rail Safety Regulator

Subdivision 2—National Rail Safety Regulator 17—Appointment of Regulator (1) A person may be appointed as the National Rail Safety Regulator who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR's functions. (2) The Regulator will be appointed for a term not exceeding 5 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers. (3) The Regulator is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time. (4) In setting the remuneration and allowances for the Regulator, regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time. (5) At the expiration of a term of appointment, the Regulator will be eligible for reappointment. (6) The conditions of appointment of the Regulator must not, without the consent of the Regulator, be varied while the Regulator is in office so as to become less favourable to the Regulator. (7) The Regulator must not engage, without the written consent of the South Australian Minister acting on the unanimous recommendation of the responsible Ministers, in any other remunerated employment. 18—Acting National Rail Safety Regulator (1) The South Australian Minister may appoint an Acting National Rail Safety Regulator (who may, or may not, be a non‑executive member or a member of the staff of ONRSR) to act in the office of the Regulator and a person so appointed has, while so acting, all the functions and powers of the Regulator. (2) An Acting Regulator may act in the office of the Regulator— (a) during a vacancy in the office of the Regulator (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Regulator— (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to exercise the duties of the office; or (c) if the Regulator is disqualified from acting in relation to a particular matter—in relation to that matter. (3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there is a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. 19—Functions of Regulator (1) The functions of the Regulator include— (a) being the chief executive of ONRSR; and (b) exercising the functions of ONRSR conferred on the Regulator under this Law or an Act; and (c) otherwise acting on behalf of ONRSR in appropriate cases. (2) An act of the Regulator will be taken to be an act of ONRSR. (3) Except as provided under this Law or an Act of a participating jurisdiction, the Regulator is not subject to direction in the exercise of his or her functions or powers. (4) The Regulator must act consistently with the policies determined by ONRSR. 20—Power of Regulator to obtain information (1) This section applies if the Regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Law or that will assist to monitor or enforce compliance with this Law. (2) The Regulator may, by written notice served on the person, require the person to do 1 or more of the following: (a) to give the Regulator in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge; (b) to produce to the Regulator, in accordance with the notice, those documents; (c) to appear before a person appointed by the Regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. (3) The notice must— (a) state that the requirement is made under this section; and (b) contain a statement to the effect that a failure to comply with a requirement is an offence; and (c) if the notice requires the person to provide information or documents or answer questions— (i) contain a statement about the effect of sections 155 and 245; and (ii) state that the person may attend with a legal practitioner. (5) A person must not, without reasonable excuse, fail to comply with a requirement under this section. (6) Subsection (5) places an evidential burden on the accused to show a reasonable excuse. (7) Section 155 (with any necessary changes) applies to a requirement under this section.