Victorian Numbered Acts

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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Specification of date service level agreement takes effect  
   5.      Transport Integration Act 2010  

   PART 2--APPLICATION OF RAIL SAFETY NATIONAL LAW

   6.      Application of Rail Safety National Law  
   7.      Interpretation of certain expressions  
   8.      Meaning of court  
   9.      Declaration of a railway to be an excluded local railway  
   10.     No double jeopardy  
   11.     Exclusion of legislation of this jurisdiction  
   12.     Disallowance of national regulations  

   PART 3--THE REGULATOR

           Division 1--Ministerial declarations as to service level agreements

   13.     Declaration by Minister as to whether service level agreement between regulators is in effect  

           Division 2--Modifications to the Law following Ministerial declaration

   14.     Safety Director is the Regulator if no service level agreement in effect  
   15.     National Rail Safety Regulator is the Regulator if service level agreement is in effect  

           Division 3--Transition between regulators on the basis of Ministerial declarations

   16.     Definitions  
   17.     Regulatory instrument of previous regulator is taken to be instrument of new regulator  
   18.     Compliance and enforcement instrument of previous regulator is taken to be instrument of new regulator  
   19.     Regulator direction of previous regulator is taken to be direction of new regulator  
   20.     Things done and commenced by previous regulator  
   21.     Applications  
   22.     Appointment of enforcement officials by regulators  
   23.     Appointment of persons to review decisions of regulator  
   24.     Infringement notices  
   25.     Rail safety undertakings  
   26.     Written agreements to withdraw or vary rail safety undertakings  
   27.     Delegations by the Safety Director  
   28.     Delegations by the National Rail Safety Regulator  
   29.     Power to require production of documents and to answer questions  
   30.     Forfeiture of seized things—reasonable inquiries  
   31.     Forfeiture of seized things—reasonable efforts  
   32.     Applications for the return of seized things  
   33.     Improvement notices  
   34.     Prohibition notices  
   35.     Proceedings  
   36.     Provision of information and assistance by the previous regulator to the new regulator  
   37.     References to the previous regulator in documents  
   38.     Regulations dealing with further transitional matters  

   PART 4--MODIFICATIONS TO THE RAIL SAFETY NATIONAL LAW AND ADDITIONAL REQUIREMENTS

           Division 1--Definition modifications

   39.     Modified definition of private siding—freight terminals to be private sidings  
   40.     Modified definition of railway crossing to apply  

           Division 2--Due diligence modification

   41.     National due diligence offence does not apply in Victoria  

           Division 3--Delegation power modification

   42.     Restrictions on ONRSR and Regulator delegation powers  

           Division 4--Alcohol and drug controls for rail safety workers

   43.     Part 6 of the Rail Safety (Local Operations) Act 2006 forms part of the Law with modifications  

           Division 5--Additional compliance and enforcement requirements

   44.     Application  
   45.     Magistrates' Court Act 1989 applies to search warrants under the Law  
   46.     Abrogation of self-incrimination—derivative use immunity applies  

           Division 6--Review of decisions

   47.     VCAT is the reviewing entity  

           Division 7--Infringement notices

   48.     Certain infringements from national infringement notice regime do not apply  

   PART 5--MISCELLANEOUS

           Division 1--Director and officer criminal liability

   49.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  

           Division 2--Other matters

   50.     Corporations Act displacement  

           Division 3--Regulations

   51.     Regulations  
   52.      Regulations dealing with transitional matters  

   PART 6--AMENDMENT OF OTHER ACTS

           Division 1--EastLink Project Act 2004

   53.     Definitions  

           Division 2--Electricity Industry Act 2000

   54.     Definitions for the purposes of Part 5  
   55.     Notification of electricity corporations before rail operations carried out  

           Division 3--Electricity Safety Act 1998

   56.     Definition of railway substituted  

           Division 4--Gas Industry Act 2001

   57.     New section 147A substituted  
   58.     Notification of gas distribution and transmission companies before railway operations carried out  

           Division 5--Interpretation of Legislation Act 1984

   59.     New section 38FA inserted  

           Division 6--Major Transport Projects Facilitation Act 2009

   60.     Definitions  

           Division 7--Melbourne City Link Act 1995

   61.     Definitions  
   62.     Approvals of public bodies not required  

           Division 8--Rail Management Act 1996

   63.     Definitions for the purposes of Part 2A  
   64.     Decisions must not interfere with certain directions of the Safety Director  
   65.     Relevant rail operator to whom this section applies may clear trees without obtaining permit  

           Division 9--Road Management Act 2004

   66.     Definitions  
   67.     New section 48A substituted  
   68.     Duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   69.     Duty of rail transport operator in relation to works on or in immediate vicinity of road infrastructure  
   70.     Notification by responsible road authority, infrastructure manager or works manager or works contractor  
   71.     Notification by rail operator  
   72.     Notification of road authorities before railway operations carried out  
   73.     Duty to give notice to other infrastructure manager or works manager  

           Division 10--Road Safety Act 1986

   74.     Disclosure of information  

           Division 11--Tourist and Heritage Railways Act 2010

   75.     Definitions  
   76.     Regulations  

           Division 12--Water Act 1989

   77.     Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   78.     Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock  
   79.     New section 137C substituted  

           Division 13--Criminal Procedure Act 2009

   80.     Indictable offences that may be heard and determined summarily  

           Division 14--Transport Integration Act 2010

   81.     Definitions  
   82.     Object of Director, Transport Safety  
   83.     Functions of Director, Transport Safety  
   84.     Information disclosure by Director, Transport Safety  
   85.     Delegation by Director, Transport Safety  
   86.     New section 180 substituted  
   87.     Functions of the Chief Investigator, Transport Safety  
   88.     New section 182A inserted  
   89.     Definitions for the purposes of Part 7A  

           Division 15--Transport (Compliance and Miscellaneous) Act 1983

   90.     Financial assistance to train drivers following fatal incidents  
   91.     Application of definitions to Part relating to Chief Investigator, Transport Safety  
   92.     Replacement of out of date reference to Executive Director of Transport Safety Investigations  
   93.     New definition of rail safety worker substituted  
   94.     New definition of safety work infringement substituted  
   95.     Inclusion of reference to the Rail Safety National Law Application Act 2013 and National Law  
   96.     Release on the giving of a safety undertaking  

           Division 16--Repeal of amending Part

   97.     Repeal of Part  

   PART 7--SAVINGS AND TRANSITIONALS

           Division 1--Preliminary matters

   98.     Definitions  
   99.     Application of Interpretation of Legislation Act 1984  

           Division 2--Transition from the Rail Safety Act 2006

   100.    Declaration of drug  
   101.    Approval of persons to take blood samples  
   102.    Safety management systems  
   103.    Consultations for the purpose of safety management systems  
   104.    System and arrangements established by an old scheme rail operator who is exempt from accreditation  
   105.    Directions to stop rail operation or utility works  
   106.    Directions to alter, demolish or take away works  
   107.    Safety interface agreements—rail operations  
   108.    Safety interface agreements—rail infrastructure and public roadways or pathways  
   109.    Safety interface agreements—rail infrastructure and relevant roadways or pathways  
   110.    Safety interface agreements—assessment by road managers of public roadways or pathways  
   111.    Safety interface agreements—assessment by road managers of relevant roadways or pathways  
   112.    Written notices of Safety Director in relation to safety interface agreements  
   113.    Directions of Safety Director in relation to safety interface agreements  
   114.    Registers of safety interface agreements  
   115.    Accredited rail operators are accredited persons  
   116.    Accreditations under Rail Safety Act 2006 are accreditations under the Law  
   117.    Accreditations to be registered in National Rail Safety Register  
   118.    Applications for accreditation  
   119.    Directions to coordinate accreditation applications  
   120.    Discretionary applications for variations of accreditation  
   121.    Mandatory applications for variations of accreditation  
   122.    Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director  
   123.    Suspended accreditations  
   124.    Surrender of accreditation  

           Division 3--Transition of pending internal review decisions under Rail Safety Act 2006

   125.    Review of decision to refuse to accredit  
   126.    Review of decision to give direction to co-ordinate applications  
   127.    Review of decision to impose condition or restriction on accreditation  
   128.    Review of decision to refuse to vary or revoke condition or restriction of accreditation  
   129.    Review of decision to refuse to vary accreditation  
   130.    Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation  
   131.    Review of decision to consent to surrender of accreditation  
   132.    Review of decision to immediately suspend accreditation  
   133.    Review of decision to take disciplinary action—imposition of new condition or restriction  
   134.    Review of decision to take disciplinary action—imposition of expiry date on accreditation  
   135.    Review of decision to take disciplinary action—suspension  
   136.    Review of decision to take disciplinary action—cancellation  
   137.    Review of decision to refuse to grant exemption from requirement to be accredited  
   138.    Review of decision to revoke exemption from requirement to be accredited  

           Division 4--Transition from the Transport (Compliance and Miscellaneous) Act 1983

   139.    Securing a site  
   140.    Things seized under seizure power  
   141.    Things seized under a search warrant  
   142.    Search warrant  
   143.    Power to require production of documents and to answer questions  
   144.    Direction to provide reasonable assistance  
   145.    Powers to support seizure  
   146.    Power to direct a thing's return  
   147.    Receipt of seized things  
   148.    Improvement notices  
   149.    Prohibition notices  
   150.    Oral directions given before a prohibition notice is served  
   151.    Enforceable undertakings  
   152.    Withdrawal or variation of enforceable undertakings  
   153.    Reviewable decision—service of improvement notice  
   154.    Reviewable decision—service of prohibition notice  

           Division 5--Exemption from requirement to be accredited

   155.    Regional Rail Link entities are exempted from the requirement to be accredited for 3 years  

           Division 6--Private siding accreditation exemptions

   156.    Rail infrastructure manager holding private siding exemption is a registered person under Law  
   157.    Rolling stock operator holding private siding exemption is an accredited person under Law for 3 years after commencement day  

           Division 7--Other matters

   158.    Provision of information and assistance by the Safety Director to the Regulator  
           ENDNOTES


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