5Interpretation of certain expressions

### 5 Interpretation of certain expressions > > (1)  In the Rail Safety National Law (Tasmania), unless the contrary intention appears – > > > > > ***court***–a reference to a court – > > > > > > > > (a) in Part 5 (Enforcement measures), is a reference to the Magistrates Court; and > > > > > > > > > (b) [*\[Section 5 Subsection (1) amended by No. 7 of 2025, s. 220, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-007#GS220@EN) in Part 7 (Review of decisions), is a reference to the Tasmanian Civil and Administrative Tribunal; and > > > > > > > > > (c) in Division 6 of Part 10 (Enforceable voluntary undertakings), is a reference to the Magistrates Court; > > > > > ***emergency services*** means – > > > > > > > > (a) the State Emergency Service continued under [section 25](/view/html/inforce/2026-04-12/act-2006-012#GS25@EN) of the [Emergency Management Act 2006](/view/html/inforce/2026-04-12/act-2006-012) ; or > > > > > > > > > (b) [*\[Section 5 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja12@GC1@EN) Ambulance Tasmania established under the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; or > > > > > > > > > (c) the Tasmania Fire Service established under the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) ; or > > > > > > > > > (d) the Police Service established under the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ; or > > > > > > > > > (e) a council; or > > > > > > > > > (f) another body constituted under an Act or a Commonwealth Act, a Government agency or a part of a Government agency – > > > > > > > > > > > > (i) whose role usually includes emergency management; or > > > > > > > > > > > > > (ii) which is, or may be, in a particular emergency, required to participate in emergency management; or > > > > > > > > > (g) a prescribed body; > > > > > ***Gazette*** means the Tasmanian Government Gazette; > > > > > ***magistrate*** has the same meaning as in the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ; > > > > > ***Minister*** means the Minister to whom the administration of the [Rail Safety National Law (Tasmania) Act 2012](/view/html/inforce/2026-04-12/act-2012-038) is assigned; > > > > > ***police officer*** means a police officer as defined in the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ; > > > > > ***private road*** means – > > > > > > > > (a) a road that – > > > > > > > > > > > > (i) is not open to members of the public or not used by members of the public; and > > > > > > > > > > > > > (ii) the Crown, a council, an authority that is a single authority, controlling authority, or joint authority, established under [Part 3 of the](/view/html/inforce/2026-04-12/act-1993-095#HP3@EN) [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) , a statutory authority or a State-owned Company is responsible for maintaining; and > > > > > > > > > (b) a road that – > > > > > > > > > > > > (i) is not open to members of the public or not used by members of the public; and > > > > > > > > > > > > > (ii) [*\[Section 5 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013\]*](/view/html/inforce/2013-12-11/act-2013-050#JS1@Ja25@GC1@EN) is a forest road within the meaning of the [Forest Management Act 2013](/view/html/inforce/2026-04-12/act-2013-049) ; and > > > > > > > > > > > > > (iii) is constructed or maintained by the Forestry corporation, within the meaning of that Act, or by a person for the purpose of timber production; and > > > > > > > > > (c) a road that – > > > > > > > > > > > > (i) is not open to members of the public or not used by members of the public; and > > > > > > > > > > > > > (ii) is constructed or maintained by the Corporation, within the meaning of the [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) ; and > > > > > > > > > (d) a road that is prescribed; > > > > > ***public sector auditor*** means the Auditor-General of South Australia; > > > > > ***Rail Safety National Law*** or ***this Law*** means the Rail Safety National Law (Tasmania); > > > > > ***road*** means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles, and includes a road-related area; > > > > > ***road-related area*** means – > > > > > > > > (a) an area that divides a road; or > > > > > > > > > (b) a footpath or nature strip, whether or not adjacent to a road; or > > > > > > > > > (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals; or > > > > > > > > > (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or > > > > > > > > > (e) a shoulder of a road; or > > > > > > > > > (f) an area, or a class of area, that is prescribed to be a road-related area – > > > > > > but does not include an area, or a class of area, that is prescribed not to be a road-related area; > > > > > ***road vehicle*** means – > > > > > > > > (a) a motor vehicle within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ; or > > > > > > > > > (b) a trailer within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ; > > > > > ***shared path*** has the same meaning as in the [Road Rules 2009](/view/html/inforce/2026-04-12/sr-2009-142) ; > > > > > ***State authority*** means a body or authority, whether incorporated or not, that is established or constituted under a written law or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority, but does not include an Agency within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; > > > > > ***State entity*** includes – > > > > > > > > (a) an Agency within the meaning of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; and > > > > > > > > > (b) a Government Business Enterprise within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and > > > > > > > > > (c) a State-owned Company; and > > > > > > > > > (d) a State authority that is not a Government Business Enterprise; and > > > > > > > > > (e) the council, board, trust or trustees, or other governing body (however designated) of, or for, a corporation, body of persons or institution, that is or are appointed by the Governor or a Minister of the Crown; and > > > > > > > > > (f) any other person or body prescribed by the regulations; > > > > > ***State-owned Company*** means a company incorporated under the Corporations Act which is controlled by – > > > > > > > > (a) the Crown; or > > > > > > > > > (b) a State authority; or > > > > > > > > > (c) another company which is itself controlled by the Crown or a State authority; > > > > > ***the jurisdiction*** or ***this jurisdiction*** means Tasmania. > > > (2)  For the purposes of this Act and the Rail Safety National Law (Tasmania) 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 Tasmanian entity); and > > > > > > > > > > > (ii) is not an agency or instrumentality of the Tasmanian Crown; and > > > > > > > (b) an employee of the Office of the National Rail Safety Regulator is not a State Service officer or State Service employee.