Western Australian Current Regulations Western Australian Current Regulations The FOI Act
applies —
(a) as
if a reference to the Ombudsman were a reference to the Ombudsman under the
Ombudsman Act 1972 of South Australia;
(b)
section 4(1), definition of agency — as if the following
paragraph were inserted after paragraph (f) of the definition:
(fa) the
Office of the National Rail Safety Regulator ( ONRSR ); or
(c)
section 4(1), definition of government — as if government
referred to the government of each participating jurisdiction;
(d)
section 4(1) — as if the following definition were inserted
after the definition of officer :
participating jurisdiction has the same meaning as in the Rail Safety National
Law set out in the schedule to the Rail Safety National Law (South Australia)
Act 2012 ;
(e)
section 4(1), definition of State Government agency — as if
the ONRSR were excluded from the definition;
(ea)
section 4(1) — as if the following definitions were inserted
after the definition of principal officer :
Rail Safety National Law means —
(a) the
Rail Safety National Law , as amended from time to time, set out in the
Schedule to the Rail Safety National Law (South Australia) Act 2012 , as
it applies as a law of a participating jurisdiction; or
(b) a
law of a participating jurisdiction, as in force from time to time,
that —
(i)
substantially corresponds to the Rail Safety National Law
set out in the Schedule to the Rail Safety National Law (South Australia)
Act 2012 ; or
(ii)
is prescribed by the Rail Safety National Law National
Regulations 2012 for the purposes of paragraph (c) of the definition
of participating jurisdiction ;
Regulator means the Regulator appointed under the Rail Safety National Law ;
(f)
section 9(1a) — as if subsection (1a) were deleted and
the following subsection substituted:
(1a) ONRSR must, at
intervals of not more than 12 months, cause an up‑to‑date
information statement to be published in ONRSR’s annual report and on
ONRSR’s website.
(g)
section 21(1)(b) — as if the reference to Parliament were a
reference to the Parliament of a participating jurisdiction;
(h)
section 53(2)(b) — as if paragraph (b) were deleted;
(i)
as if section 54AA were deleted and the following
section substituted:
54AA— Keeping of records etc
(1) ONRSR must comply
with any requirements notified by the Minister in the Gazette as to the
keeping of records and information for the purposes of monitoring compliance
with this Act.
(2) The annual report
of ONRSR must include the information referred to in subsection (1).
(j)
Schedule 1 — as if a reference to Cabinet were a reference to
the Cabinet of a participating jurisdiction;
(k)
Schedule 1 — as if a reference to Executive Council were a
reference to the Executive Council (by whatever name) of a participating
jurisdiction;
(ka)
Schedule 1, clause 4(2)(a)(iii) — as if “revenue
law” were deleted and “rail safety law” were substituted;
(kb)
Schedule 1, clause 4(2)(a)(iv) — as if “or managing
rail safety” were inserted after “public safety”;
(kc)
Schedule 1, clause 7(1)(c)(ii)(A) — as if “the
Government or to an agency” were deleted and “ONRSR or the
Regulator” were substituted;
(kd)
Schedule 1, clause 9(1)(a)(ii) — as if “including
by, or with, a committee of ONRSR” were inserted after “taken
place”;
(ke)
Schedule 1, clause 9(1)(a) — as if “an
agency” were deleted and “ONRSR or the Regulator” were
substituted;
(kf)
Schedule 1, clause 13(1)(b)(i) — as if “the
Government or to an agency” were deleted and “ONRSR or the
Regulator in a co‑regulatory environment” were substituted;
(l)
Schedule 1, clause 13(2) to (7) — as if
subclauses (2) to (7) (inclusive) were deleted;
(la)
Schedule 1 — as if the following clauses were inserted after
clause 19:
20— Exempt documents communicated between
ONRSR or Regulator and Transport and Infrastructure Council and responsible
Ministers etc
The following
documents are exempt documents:
(a) a
document that contains information from a communication between ONRSR or the
Regulator and either of the following:
(i)
a member of the Transport and Infrastructure Council (or
such other body that may, from time to time, be a body in substitution of the
Council);
(ii)
a government agency of a participating jurisdiction,
where the information
relates to the business or proceedings of the Transport and Infrastructure
Council (or substituted body);
(b) a
document that contains information from a communication between ONRSR or the
Regulator and a responsible Minister (within the meaning of the Rail Safety
National Law ).
21— Information or documents provided under
section 20 of Rail Safety National Law
A document is an
exempt document if it is a document that is produced, or contains information
or evidence that is given, to the Regulator by a person (whether a natural
person or a body corporate) in accordance with a requirement under
section 20 of the Rail Safety National Law .
22— Train safety recordings
(1) A document is an
exempt document if —
(a) it
is a train safety recording or any part of a train safety recording; or
(b) it
contains any information obtained from a train safety recording or any part of
a train safety recording,
provided to, or
obtained by, the Regulator under the Rail Safety National Law .
(2) In this
clause —
train safety recording
has the same meaning as in section 130 of the Rail Safety National Law .
(m) with
any other modifications that are necessary.