Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 2007 (NO. 69 OF 2007) - SECT 54

See:
Act No.
9/2006
and amending
Act No.
47/2006
LawToday:
www.
legislation.
vic.gov.au

    (1)     In section 3(1) of the Rail Safety Act 2006 —

        (a)         insert the following definitions—

""coordinating road authority" has the same meaning as in the Road Management Act 2004 ;

"footpath" has the same meaning as in the Road Rules;

"level crossing" means—

        (a)     an area where a public roadway or a relevant roadway and railway (other than a tramway or light railway) cross at substantially the same level, whether or not there is a level crossing sign on the roadway at all or any of the entrances to the area; or

        (b)     an area where a public roadway or a relevant roadway and a tramway or light railway cross at substantially the same level and that has a level crossing sign on the roadway at each entrance to the area;

"public highway" has the same meaning as in the Road Management Act 2004 ;

"public pathway" means a footpath or shared path forming part of a public road;

"public road" has the same meaning as in the Road Management Act 2004 ;

"public roadway" means an area within the meaning of paragraph (a) of the definition of roadway within the meaning of section 3(1) of the Road Management Act 2004 ;

"rail or road crossing" means—

        (a)     a railway crossing; or

        (b)     a bridge carrying—

              (i)     a public roadway or relevant roadway over a railway; or

              (ii)     a public pathway or relevant pathway over a railway; or

        (c)     a bridge carrying a railway over—

              (i)     a public roadway or relevant roadway; or

              (ii)     a public pathway or relevant pathway;

"railway crossing" means—

        (a)     a level crossing;

        (b)     any area where a public pathway or relevant pathway crosses a railway at substantially the same level;

"relevant pathway" means a footpath or shared path that does not form part of a public road;

"relevant road manager" means—

        (a)     in relation to a public roadway or public pathway—the coordinating road authority in respect of the public road of which that roadway or pathway is a part;

        (b)     in relation to a relevant roadway or relevant pathway—the person who has care and management of the relevant roadway or relevant pathway or is the owner or occupier of the land on which there is that relevant roadway or relevant pathway;

"relevant roadway" means an area that is developed for, or has as one of its main uses, the driving or riding of motor vehicles, whether or not that area is—

        (a)     open to or used by the public; or

        (b)     a public highway—

but does not include a public roadway;

road infrastructure has the same meaning as in the Road Management Act 2004 ;

"Road Rules" means the Road Rules within the meaning of the Road Safety (Road Rules) Regulations 1999;

"safety interface agreement"—see Division 2 of Part 4;

"shared path" has the same meaning as in Rule 242 of the Road Rules;";

        (b)     the definition of interface co-ordination plan is repealed .

    (2)     In section 3(1) of the Rail Safety Act 2006,     for the definition of "safety audit" substitute —

"" safety audit" means an inspection of—

        (a)     any of the following or a part of the following—

              (i)     rail infrastructure used in carrying out accredited rail operations;

              (ii)     rolling stock used in carrying out accredited rail operations;

              (iii)     accredited rail operations; or

        (b)     the performance of, or any aspect of the performance of—

              (i)     the employees of an accredited rail operator; or

              (ii)     a rail contractor within the meaning of paragraph (b) of the definition of rail contractor who supplies rail operations to an accredited rail operator;".

    (3)     After section 3(4) of the Rail Safety Act 2006 insert —

    "(5)     For the purposes of this Act—

        (a)     a rail infrastructure manager is deemed to carry out rail infrastructure operations carried out for that manager by a labour-hire contractor;

        (b)     a rolling stock operator is deemed to carry out rolling stock operations carried out for that operator by a labour-hire contractor.

    (6)     In subsection (5)—

"labour-hire contractor" means an individual whose services are supplied to a rail infrastructure manager or rolling stock operator under an agreement or arrangement between—

        (a)     the person that employs or engages that individual; and

        (b)     as the case requires, that manager or operator—

to carry out rail infrastructure operations or rolling stock operations (as the case requires).".