South Australia regulation

Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set transitional arrangements when South Australia shifted from the Rail Safety Act 2007 to the Rail Safety National Law. They temporarily recognise existing authorised officers, authorised persons, identity cards and prior competence assessments.

The Regulator may vary appointment conditions for six months, assessed competence stays valid for 24 months, and the Minister may refund accreditation fees where new accreditation is not required. Operators must check whether they need accreditation under the new Law; the Regulator and Minister hold key discretionary powers.

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Current sections

Direct links to the current provisions in Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012.

Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012

South Australia Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012 under section 32 of the Rail Safety National Law (South Australia) Act 2012

Contents 1 Short title 2 Commencement 3 Interpretation 4 Rail safety officers 5 Authorised persons 6 Assessment of competence 7 Refund of fees Legislative history

1—Short title These regulations may be cited as the Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012. 2—Commencement These regulations will come into operation on the day on which Part 5 of the Rail Safety National Law (South Australia) Act 2012 comes into operation. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Rail Safety National Law (South Australia) Act 2012; Law means the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012; relevant day means the day on which the Rail Safety Act 2007 is repealed; repealed Act means the Rail Safety Act 2007. 4—Rail safety officers (1) A person holding an appointment as an authorised officer under section 22 of the repealed Act immediately before the relevant day will, for a period of 6 months commencing on the relevant day, be taken to hold an appointment as a rail safety officer under Part 4 Division 2 of the Law subject to such conditions as applied to the appointment under the repealed Act and subject to any variations or new conditions, as the Regulator may, by notice in writing to the officer, determine. (2) An identification card held by an authorised officer immediately before the relevant day for the purposes of the repealed Act will be taken to have been issued by the Regulator for the purposes of the Act. 5—Authorised persons (1) A person holding an appointment as an authorised person under Schedule 2 clause 2 of the repealed Act immediately before the relevant day will, for a period of 6 months commencing on the relevant day, be taken to hold an appointment as an authorised person under Part 3 Division 9 of the Law subject to such limitations as applied to the appointment under the repealed Act, and subject to any variations or new conditions, as the Regulator may, by notice in writing to the person, determine. (2) A certificate of appointment held by an authorised person immediately before the relevant day for the purposes of the repealed Act will be taken to be the identification card issued by the Regulator for the purposes of the Act. 6—Assessment of competence The competence of a rail safety worker that has, immediately before the relevant day, been assessed in accordance with section 69 of the repealed Act will, for a period of 24 months commencing on the relevant day, be taken to have been assessed in accordance with section 117 of the Law. 7—Refund of fees If a rail transport operator, immediately before the relevant day, holds an accreditation under the repealed Act in respect of railway operations carried out by or on behalf of the operator but is not, on the commencement of this regulation, required to hold an accreditation under the Law with respect to the same operations, the Minister may, in his or her absolute discretion, refund the whole or any part of a fee paid by the person with respect to the accreditation under the repealed Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2012 257 Gazette 13.12.2012 p5600 20.1.2013: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012

South Australia Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012 under section 32 of the Rail Safety National Law (South Australia) Act 2012

Contents 1 Short title 2 Commencement 3 Interpretation 4 Rail safety officers 5 Authorised persons 6 Assessment of competence 7 Refund of fees Legislative history

1—Short title These regulations may be cited as the Rail Safety National Law (South Australia) (Transitional Arrangements) Regulations 2012. 2—Commencement These regulations will come into operation on the day on which Part 5 of the Rail Safety National Law (South Australia) Act 2012 comes into operation. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Rail Safety National Law (South Australia) Act 2012; Law means the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012; relevant day means the day on which the Rail Safety Act 2007 is repealed; repealed Act means the Rail Safety Act 2007. 4—Rail safety officers (1) A person holding an appointment as an authorised officer under section 22 of the repealed Act immediately before the relevant day will, for a period of 6 months commencing on the relevant day, be taken to hold an appointment as a rail safety officer under Part 4 Division 2 of the Law subject to such conditions as applied to the appointment under the repealed Act and subject to any variations or new conditions, as the Regulator may, by notice in writing to the officer, determine. (2) An identification card held by an authorised officer immediately before the relevant day for the purposes of the repealed Act will be taken to have been issued by the Regulator for the purposes of the Act. 5—Authorised persons (1) A person holding an appointment as an authorised person under Schedule 2 clause 2 of the repealed Act immediately before the relevant day will, for a period of 6 months commencing on the relevant day, be taken to hold an appointment as an authorised person under Part 3 Division 9 of the Law subject to such limitations as applied to the appointment under the repealed Act, and subject to any variations or new conditions, as the Regulator may, by notice in writing to the person, determine. (2) A certificate of appointment held by an authorised person immediately before the relevant day for the purposes of the repealed Act will be taken to be the identification card issued by the Regulator for the purposes of the Act. 6—Assessment of competence The competence of a rail safety worker that has, immediately before the relevant day, been assessed in accordance with section 69 of the repealed Act will, for a period of 24 months commencing on the relevant day, be taken to have been assessed in accordance with section 117 of the Law. 7—Refund of fees If a rail transport operator, immediately before the relevant day, holds an accreditation under the repealed Act in respect of railway operations carried out by or on behalf of the operator but is not, on the commencement of this regulation, required to hold an accreditation under the Law with respect to the same operations, the Minister may, in his or her absolute discretion, refund the whole or any part of a fee paid by the person with respect to the accreditation under the repealed Act. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2012 257 Gazette 13.12.2012 p5600 20.1.2013: r 2