Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 160

After section 48 of the Road Management Act 2004 insert —

'Division 4A—Safety Duties in relation to Works on or near Rail Infrastructure

        48A.     Definitions

In this Division—

"rail infrastructure" has the same meaning as in the Rail Safety Act 2006 ;

"rail operations" has the same meaning as in the Rail Safety Act 2006 ;

"rail operator" has the same meaning as in the Rail Safety Act 2006 ;

"rolling stock" has the same meaning as in the Rail Safety Act 2006 ;

"works contractor" means a person engaged directly or indirectly by a State road authority or an infrastructure manager or works manager to carry out works on behalf of the State road authority or infrastructure manager or works manager, and includes a sub-contractor.

        48B.     State road authority duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

A State road authority must, when exercising a power or performing a duty under this Act on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it exercises the power or performs the duty safely.

Penalty:     9000 penalty units.

        48C.     Infrastructure manager or works manager duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

An infrastructure manager or works manager must, when exercising a power or performing a duty under this Act on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it exercises the power or performs the duty safely.

Penalty:     In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

        48D.     Works contractor duty in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

A works contractor must, when carrying out works on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out the works safely.

Penalty:     In the case of a natural person, 1800 penalty units;
s. 160

In the case of a body corporate, 9000 penalty units.

        48E.     Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

        A State road authority must, before exercising a power under this Act on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the intended exercise of the power if the exercise of that power will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock.

Penalty:     300 penalty units.

        48F.     Notification of road authorities before rail operations carried out

        A rail operator must, before carrying out rail operations that will threaten, or are likely to threaten, the safety of a road authority's road infrastructure, notify that road authority of the rail operator's intention to carry out those operations.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

        48G.     Certain offences in this Division are indictable offences

An offence against section 48B, 48C or 48D is an indictable offence.

    Note:     However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).'.

See:
Act No.
80/1989.
Reprint No. 7
as at
1 December 2003
and amending
Act Nos
46/2003, 48/2003, 12/2004, 81/2004, 82/2004, 108/2004 and 48/2005.
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