South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
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
12OHS 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
62A. Interface coordination--rail infrastructure and roads other than private roads
62B. Interface coordination--rail infrastructure and private roads
62C. Identification and assessment of risks
62D. Scope of interface agreements
62E. Appointed person may give directions
62F. Register of interface agreements
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
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
PART 1--Preliminary
1. Preliminary
1A. Approval of couriers
2. Authorised persons
3. Urine testing
PART 2--Testing
4. Authorised person may require alcotest or breath analysis
5. Authorised person may require drug screening test, oral fluid analysis, blood test and urine test
6. Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
7. Breath analysis where drinking occurs after rail safety work is carried out
8. Oral fluid analysis or blood test where consumption of alcohol or drug occurs after rail safety work is carried out
9. Compulsory blood testing following a notifiable occurrence
10. Processes relating to blood samples
11. Processes relating to oral fluid samples
12. Processes relating to urine samples
13. Authorised person to be present when sample taken
14. Cost of blood tests and urine tests under certain clauses
PART 3--Evidence
15. Evidence
PART 4--Miscellaneous
16. Blood samples may be taken by nurses outside Metropolitan Adelaide
17. Protection of medical practitioners etc from liability
18. Approval of apparatus for the purposes of breath analysis etc
19. Oral fluid, blood sample or urine sample or results of analysis etc not to be used for other purposes
20. Regulations
Schedule 3--Transitional provisions
PART 4--Transitional provisions
5. Interpretation
6. Existing accreditations
7. Private sidings
8. Other provisions
Legislative history
The Parliament of South Australia enacts as
follows: