South Australian Numbered Acts

RAIL SAFETY ACT 2007 (NO 46 OF 2007)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Interpretation
   5.      Declaration of substance to be a drug
   6.      Railways to which this Act does not apply
   7.      Ministerial exemptions
   8.      Concept of ensuring safety
   9.      Rail safety work
   10.     Crown to be bound

   PART 2--Occupational health and safety legislation

   11.     Act adds to protection provided by OHS legislation
   12.     OHS legislation prevails
   13.     Compliance with this Act is no defence to prosecution under OHS legislation.
   14.     Relationship between duties under this Act and OHS legislation
   15.     No double jeopardy

   PART 3--Administration

           Division 1--Rail Safety Regulator

   16.     Rail Safety Regulator
   17.     Functions
   18.     Annual report
   19.     Delegation
   20.     Ministerial control
   21.     Regulator may exercise functions of authorised officers

           Division 2--Authorised officers

   22.     Appointment
   23.     Reciprocal powers
   24.     Identification cards
   25.     Possession of identification card
   26.     Display and production of identification card
   27.     Return of identification cards

   PART 4--Rail safety

           Division 1--General safety duties

   28.     Safety duties of rail transport operators
   29.     Duties of rail transport operators extend to contractors
   30.     Duties of designers, manufacturers, suppliers etc

           Division 2--Accreditation

   31.     Purpose of accreditation
   32.     Accreditation required for railway operations
   33.     Purpose for which accreditation may be granted
   34.     Application for accreditation
   35.     What applicant for accreditation must demonstrate
   36.     Regulator may direct applicants to coordinate and cooperate in applications
   37.     Coordination between Regulators
   38.     Determination of application
   39.     Conditions and restrictions
   40.     Penalty for breach of condition or restriction
   41.     Annual fees
   42.     Late payment
   43.     Waiver of fees
   44.     Surrender of accreditation
   45.     Revocation or suspension of accreditation
   46.     Immediate suspension of accreditation
   47.     Keeping and making available documents for public inspection
   48.     Application for variation of accreditation
   49.     Where application relates to co-operative railway operations or operations in another jurisdiction
   50.     Determination of application for variation
   51.     Prescribed conditions and restrictions
   52.     Regulator may direct amendment of a safety management system
   53.     Variation of conditions and restrictions
   54.     Regulator may make changes to conditions or restrictions
   55.     Accreditation cannot be transferred or assigned
   56.     Sale or transfer of railway operations by accredited person

           Division 3--Private sidings

   57.     Exemption from accreditation

           Division 4--Safety management

   58.     Safety management system
   59.     Compliance with safety management system
   60.     Review of safety management system
   61.     Safety performance reports
   62.     Interface coordination--rail transport operators
   63.     Security management plan
   64.     Emergency management plan
   65.     Health and fitness management program
   66.     Alcohol and drug management program
   67.     Testing for presence of alcohol or drugs
   68.     Fatigue management program
   69.     Assessment of competence
   70.     Identification for rail safety workers
   71.     Duties of rail safety workers
   72.     Contractors to comply with safety management system

           Division 5--Information about rail safety etc

   73.     Rail transport operators to provide information

           Division 6--Investigating and reporting by rail transport operators

   74.     Notification of certain occurrences
   75.     Investigation of notifiable occurrences

           Division 7--Audit of railway operations by Regulator

   76.     Audit of railway operations by Regulator

   PART 5--Enforcement

           Division 1--Entry to places by authorised officers

   77.     Power to enter places
   78.     Limitation on entry powers--places used for residential purposes
   79.     Notice of entry

           Division 2--General enforcement powers

   80.     General powers
   81.     Use of assistants and equipment
   82.     Use of electronic equipment
   83.     Use of equipment to examine or process things
   84.     Securing a site

           Division 3--Offence provision and search warrants

   85.     Offence provision
   86.     Search warrant

           Division 4--Powers to support seizure

   87.     Directions relating to seizure
   88.     Authorised officer may direct a thing's return
   89.     Receipt for seized things
   90.     Access to seized thing
   91.     Embargo notices

           Division 5--Forfeiture

   92.     Return of seized things
   93.     Forfeiture
   94.     Forfeiture on conviction
   95.     Dealing with forfeited sample or thing

           Division 6--Directions

   96.     Authorised officers may direct certain persons to give assistance
   97.     Power to direct name and address be given
   98.     Failure to give name or address
   99.     Power to direct production of documents
   100.    Failure to produce document

           Division 7--Improvement notices

   101.    Improvement notices
   102.    Contravention of improvement notice
   103.    Withdrawal or amendment of improvement notices
   104.    Proceedings for offences not affected by improvement notices
   105.    Regulator to arrange for rail safety work required by improvement notice to be carried out

           Division 8--Prohibition notices

   106.    Prohibition notice
   107.    Contravention of prohibition notice
   108.    Oral direction before prohibition notice served
   109.    Withdrawal or amendment of prohibition notice
   110.    Proceedings for offences not affected by prohibition notices

           Division 9--Miscellaneous

   111.    Directions may be given under more than one provision
   112.    Temporary closing of railway crossings, bridges etc
   113.    Restoring rail infrastructure and rolling stock etc to original condition after action taken
   114.    Use of force
   115.    Power to use force against persons to be exercised only by police officers
   116.    Protection from incrimination

   PART 6--Review of decisions

   117.    Interpretation
   118.    Reviewable decisions
   119.    Review by Regulator
   120.    Application to District Court

   PART 7--Inquiries

   121.    Appointment of investigator
   122.    Procedures and powers of an investigator
   123.    Report
   124.    Related matters

   PART 8--General liability and evidentiary provisions

           Division 1--General

   125.    Period within which proceedings for offences may be commenced
   126.    Authority to take proceedings
   127.    Vicarious responsibility
   128.    Records and evidence from records
   129.    Certificate evidence
   130.    Proof of appointments and signatures unnecessary
   131.    Multiple offences
   132.    Offences by bodies corporate and employees

           Division 2--Discrimination against employees

   133.    Dismissal or other victimisation of employee

           Division 3--False or misleading information

   134.    False or misleading information provided to Regulator or officials

           Division 4--Other offences

   135.    Offence to impersonate authorised officer
   136.    Not to interfere with train, tram etc
   137.    Applying brake or emergency device
   138.    Stopping a train or tram

           Division 5--Court-based sanctions

   139.    Daily penalty for continuing offences
   140.    Commercial benefits order
   141.    Supervisory intervention order
   142.    Exclusion orders

   PART 9--Miscellaneous

           Division 1--Management of rail corridors, crossings and public works

   143.    Installation of control devices
   144.    Power to require works to stop

           Division 2--Confidentiality

   145.    Confidentiality

           Division 3--Civil liability

   146.    Civil liability not affected by Part 4 Division 1 or 4
   147.    Exclusion from liability
   148.    Immunity for reporting unfit rail safety worker

           Division 4--Compliance codes and guidelines

   149.    Compliance codes and guidelines

           Division 5--Other matters

   150.    Recovery of certain costs
   151.    Recovery of amounts due
   152.    Compliance with conditions of accreditation
   153.    Prescribed persons
   154.    Powers of authorised persons
   155.    Contracting out prohibited
   156.    Enforceable voluntary undertaking
   157.    Classification of offences
   158.    Regulations
           SCHEDULE 1--Regulations
           SCHEDULE 2--Provisions relating to alcohol and other drug testing
           SCHEDULE 3--Related amendments, repeal and transitional provisions
           Legislative history