South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 149

149—Compliance codes and guidelines

        (1)         For the purpose of providing practical guidance to persons who have duties or obligations under this Act or the regulations, the Minister may make an order—

            (a)         approving a compliance code; or

            (b)         approving guidelines.

        (2)         The Minister may make an order approving the variation of a compliance code or guidelines or revoking the approval of a compliance code or guidelines.

        (3)         An order approving a compliance code or guidelines, or a variation or revocation order, takes effect when notice of it is published in the Gazette or on such later date as is specified in the order.

        (4)         As soon as practicable after making an order approving a compliance code or guidelines, or a variation or revocation order, the Minister must ensure that notice of the making of the order is published in the Gazette.

        (5)         The Minister must ensure that a copy of—

            (a)         each compliance code that is currently approved; and

            (b)         guidelines that are currently approved,

is or are available for inspection by members of the public without charge at the office of the Regulator during normal business hours.

        (6)         A failure to comply with a compliance code or guidelines does not give rise to any civil or criminal liability.

        (7)         If—

            (a)         a compliance code makes provision for or with respect to a duty or obligation imposed by this Act or the regulations; and

            (b)         a person complies with the compliance code to the extent that it makes that provision,

the person is, for the purposes of this Act and the regulations, taken to have complied with this Act or the regulations in relation to that duty or obligation.

        (8)         A compliance code or variation of a compliance code must be laid before both Houses of Parliament within 14 days of notice of its approval is published in the Gazette if Parliament is in session or, if Parliament is not then in session, within 14 days after the commencement of the next session of Parliament.

        (9)         If either House of Parliament passes a resolution disallowing an approved compliance code or the variation of a compliance code, then the compliance code or the variation ceases to have effect.

        (10)         A resolution is not effective for the purposes of subsection (9) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall in the same session of Parliament) after the day on which the compliance code or variation (as the case may be) was laid before the House.