Tasmanian Numbered Acts

RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - Act 64 of 2009 - Royal Assent 30 November 2009

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Interpretation
   5.      Railways to which this Act does not apply
   6.      What "ensuring safety" means
   7.      What "rail safety work" means
   8.      Act binds Crown
   9.      Examples
   10.     Notes

   PART 2 - Rail Safety Duties

   11.     Safety duties of rail transport operators
   12.     Duties of rail transport operators extend to contractors
   13.     Duties of designers, manufacturers, suppliers, &c.

   PART 3 - Accreditation

           Division 1 - Application for accreditation

   14.     Purpose of accreditation
   15.     Accreditation required for railway operations
   16.     Accreditation not required for private sidings, but private sidings may be registered
   17.     Purpose for which accreditation may be granted
   18.     Application for accreditation
   19.     What applicant for accreditation must demonstrate
   20.     Rail Safety Regulator may direct applicants to coordinate and cooperate in applications
   21.     Coordination between Rail Safety Regulators
   22.     Determination of application
   23.     Prescribed conditions and restrictions
   24.     Offence of breach of condition or restriction

           Division 2 - Fees

   25.     Minister to determine fees
   26.     Payment of annual accreditation and registration fees
   27.     Late payment fees
   28.     Waiver of fees

           Division 3 - Variation and ending of accreditation

   29.     Surrender of accreditation
   30.     Revocation or suspension of accreditation
   31.     Immediate suspension of accreditation
   32.     Keeping and making available documents for public inspection
   33.     Application for variation of accreditation
   34.     Where application relates to cooperative railway operations or operations in another jurisdiction
   35.     Determination of application for variation
   36.     Prescribed conditions and restrictions
   37.     Variation of conditions and restrictions
   38.     Rail Safety Regulator may make changes to conditions or restrictions
   39.     Accreditation cannot be transferred or assigned
   40.     Sale or transfer of railway operations by accredited person

   PART 4 - Safety Management

           Division 1 - Safety management systems

   41.     Safety management system
   42.     Rail transport operator to implement and comply with safety management system
   43.     Contractors to comply with safety management system
   44.     Review of safety management system
   45.     Rail Safety Regulator may direct amendment of a safety management system
   46.     Safety performance reports

           Division 2 - Interface coordination

   47.     Interface coordination – rail transport operators
   48.     Interface coordination – rail infrastructure manager – public roads
   49.     Interface coordination – rail infrastructure manager – roads other than public roads
   50.     Interface coordination – road manager – public roads and other roads
   51.     Identification and assessment of risks
   52.     Interface agreements
   53.     Rail Safety Regulator may give directions
   54.     Register of interface agreements

   PART 5 - Plans, Programs and Duties of Rail Safety Workers

           Division 1 - Plans and programs

   55.     Security management plan
   56.     Emergency management plan
   57.     Health and fitness management program
   58.     Alcohol and drug management program
   59.     Fatigue management program

           Division 2 - Rail safety workers

   60.     Competence of rail safety workers to be assessed
   61.     Rail safety workers to have identification
   62.     Duties of rail safety workers

   PART 6 - Drug and Alcohol Use and Testing

   63.     Use of alcohol and drugs by rail safety workers
   64.     Testing for drugs and alcohol

   PART 7 - Information, Investigation by Rail Transport Operators and Audit

   65.     Rail transport operators to provide information
   66.     Notification of certain occurrences
   67.     Rail transport operators may be required to investigate notifiable occurrences
   68.     Audit by Rail Safety Regulator of railway operations

   PART 8 - Investigations

   69.     Appointment of investigator
   70.     Conduct of investigation
   71.     Powers of investigator
   72.     Report of findings of investigator
   73.     Rights and obligations of persons in relation to investigations

   PART 9 - Enforcement

           Division 1 - Entry to places by rail safety officers

   74.     Power to enter places
   75.     Limitation on entry powers – places used for residential purposes
   76.     Notice of entry

           Division 2 - General enforcement powers

   77.     General powers after entering a place
   78.     Use of assistants and equipment
   79.     Use of electronic equipment
   80.     Use of equipment to examine or process things
   81.     Securing a site

           Division 3 - Search warrants

   82.     Search warrants
   83.     Warrants by telephone or other electronic means
   84.     Notice to be given of entry under warrant
   85.     Seizure of things not mentioned in warrant

           Division 4 - Powers to support seizure

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

           Division 5 - Forfeiture

   91.     Return of seized things
   92.     Forfeiture
   93.     Dealing with forfeited sample or thing

           Division 6 - Directions

   94.     Directions to certain persons to give assistance
   95.     Directions to give name and address
   96.     Direction to produce documents

           Division 7 - Improvement notices

   97.     Improvement notices
   98.     Contravention of improvement notice
   99.     Withdrawal or amendment of improvement notices
   100.    Proceedings for offences not affected by improvement notices
   101.    Rail Safety Regulator to arrange for rail safety work required by improvement notice to be carried out

           Division 8 - Prohibition notices

   102.    Prohibition notice
   103.    Contravention of prohibition notice
   104.    Oral direction before prohibition notice served
   105.    Withdrawal or amendment of prohibition notice
   106.    Proceedings for offences not affected by prohibition notices

           Division 9 - Miscellaneous

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

   PART 10 - Review of Decisions

   113.    Reviewable decisions
   114.    Review by Rail Safety Regulator
   115.    Review by Magistrates Court (Administrative Appeals Division)

   PART 11 - General Liability and Evidentiary Provisions

           Division 1 - General

   116.    Period within which proceedings for offences may be commenced
   117.    Authority to take proceedings
   118.    Vicarious responsibility
   119.    Records and evidence from records
   120.    Certificate evidence
   121.    Proof of appointments and signatures unnecessary
   122.    Multiple offences
   123.    Offences by bodies corporate, partnerships, associations and employees

           Division 2 - Discrimination against employees

   124.    Dismissal or other victimisation of employee
   125.    Defendant bears onus of proof
   126.    Order for damages or reinstatement

           Division 3 - False or misleading information

   127.    False or misleading information provided to Rail Safety Regulator or officials

           Division 4 - Other offences

   128.    Obstructing or hindering rail safety officers
   129.    Impersonation of rail safety officer
   130.    Interference with train, tram, &c.
   131.    Applying brake or emergency device
   132.    Stopping train or tram

           Division 5 - Infringement notices

   133.    Infringement notices

           Division 6 - Enforceable voluntary undertakings

   134.    Rail Safety Regulator may accept undertakings
   135.    Enforcement of undertakings

           Division 7 - Court-based sanctions

   136.    Daily penalty for continuing offences
   137.    Commercial benefits order
   138.    Supervisory intervention order
   139.    Contravention of supervisory intervention order
   140.    Exclusion orders
   141.    Contravention of exclusion order

   PART 12 - Occupational Health and Safety Legislation

   142.    Act adds to protection provided by OHS legislation
   143.    OHS legislation prevails
   144.    Compliance with this Act is no defence to prosecution under OHS legislation
   145.    Evidence of contravention under this Act is admissible in OHS legislation proceedings
   146.    No double jeopardy

   PART 13 - Administration

           Division 1 - Rail Safety Regulator

   147.    Rail Safety Regulator
   148.    Functions
   149.    Annual reports
   150.    Delegation
   151.    Rail Safety Regulator may exercise functions of rail safety officers

           Division 2 - Rail safety officers

   152.    Appointment
   153.    Reciprocal powers of rail safety officers
   154.    Identification cards for rail safety officers
   155.    Rail safety officer must not exercise functions without identification card
   156.    Display and production of identification card
   157.    Return of identification cards

   PART 14 - Miscellaneous

           Division 1 - Confidentiality

   158.    Confidentiality

           Division 2 - Civil liability

   159.    Civil liability not affected by Part 2 , 4 or 5
   160.    Exclusion of personal liability
   161.    Immunity for reporting unfit rail safety worker

           Division 3 - Compliance codes and guidelines

   162.    Approval of compliance codes and guidelines
   163.    Effect of compliance code
   164.    Effect of complying with compliance code

           Division 4 - Other matters

   165.    Exemptions
   166.    Recovery of certain costs
   167.    Recovery of amounts due
   168.    Compliance with conditions of accreditation
   169.    Prescribed persons
   170.    Contracting-out prohibited
   171.    Regulations
   172.    Administration of Act

   PART 15 - Transitional

   173.    Interpretation of this Part
   174.    Saving of appointment of Rail Safety Regulator
   175.    Saving of accreditation of persons under former Act
   176.    Registration of private sidings
   177.    Applications and administrative acts and decisions
   178.    Application of provisions in respect of existing operators

   PART 16 - Abt Railway Development Act 1999 Amended

   179.    Principal Act
   180.    Section 30 repealed

   PART 17 - Emu Bay Railway (Operation and Acquisition) Act 2009 Amended

   181.    Principal Act
   182.    Section 3 amended (Interpretation)
   183.    Section 4 amended (Authority of PN Tas (Operations) Pty Limited to operate rail business on Emu Bay Railway)

   PART 18 - Local Government Act 1993 Amended

   184.    Principal Act
   185.    Section 87 amended (Exemption from rates)

   PART 19 - Police Offences Act 1935 Amended

   186.    Principal Act
   187.    Section 3 amended (Interpretation)

   PART 20 - Rail Company Act 2009 Amended

   188.    Principal Act
   189.    Section 4 amended (Interpretation)

   PART 21 - Rail Infrastructure Act 2007 Amended

   190.    Principal Act
   191.    Section 3 amended (Interpretation)
   192.    Section 10 repealed

   PART 22 - Legislation repealed and rescinded

   193.    Legislation repealed
   194.    Legislation rescinded

   PART 23 - Further Consequential Amendments

   195.    Amendment of Emu Bay Railway (Operation and Acquisition) Act 2009
   196.    Amendment of Boundary Fences Act 1908
           SCHEDULE 1
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