South Australian Numbered Regulations

RAIL SAFETY NATIONAL LAW NATIONAL REGULATIONS 2012 (NO 255 OF 2012) - REG 37

37—Modifications of FOI Act for purposes of national rail safety scheme

The FOI Act applies—

            (a)         as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act 1972 of South Australia;

            (b)         section 4(1), definition of "agency"—as if the following paragraph were inserted after paragraph (f) of the definition:

            (fa)         the Office of the National Rail Safety Regulator ("ONRSR"); or

            (c)         section 4(1), definition of "government"—as if government referred to the government of each participating jurisdiction;

            (d)         section 4(1)—as if the following definition were inserted after the definition of "officer":

"participating jurisdiction" has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012 ;

            (e)         section 4(1), definition of "State Government agency —as if the ONRSR were excluded from the definition;

            (f)         section 9(1a)—as if subsection (1a) were deleted and the following subsection substituted:

        (1a)         ONRSR must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in ONRSR's annual report and on ONRSR's website.

            (g)         section 21(1)(b)—as if the reference to Parliament were a reference to the Parliament of a participating jurisdiction;

            (h)         section 53(2)(b)—as if paragraph (b) were deleted;

                  (i)         as if section 54AA were deleted and the following section substituted:

54AA—Keeping of records etc

        (1)         ONRSR must comply with any requirements notified by the Minister in the Gazette as to the keeping of records and information for the purposes of monitoring compliance with this Act.

        (2)         The annual report of ONRSR must include the information referred to in subsection (1).

            (j)         Schedule 1—as if a reference to Cabinet were a reference to the Cabinet of a participating jurisdiction;

            (k)         Schedule 1—as if a reference to Executive Council were a reference to the Executive Council (by whatever name) of a participating jurisdiction;

            (l)         Schedule 1, clause 13(2) to (7)—as if subclauses (2) to (7) (inclusive) were deleted;

            (m)         with any other modifications that are necessary.