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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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