Northern Territory Numbered Acts

RAIL SAFETY ACT 2010 (NO 10 OF 2010)

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTION

           Division 1-- Preliminary matters

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  

           Division 2--Application of Act

   4.      Railways to which Act does not apply  
   5.      Crown to be bound  

           Division 3--Interpretation

   6.      Definitions  
   7.      Railway  
   8.      Railway premises  
   9.      Rail infrastructure  
   10.     Railway operations  
   11.     Rail safety work  
   12.     Ensuring safety  
   13.     Notes and other matters for corresponding laws  
   14.     Application of Criminal Code  

   PART 2--OCCUPATIONAL HEALTH AND SAFETY LEGISLATION

   15.     Act adds to protection provided by OHS legislation  
   16.     OHS legislation prevails  
   17.     Compliance with Act no defence to prosecution under OHS legislation  
   18.     Relationship between duties under Act and OHS legislation  
   19.     No double jeopardy  

   PART 3--RAIL SAFETY

           Division 1--General safety duties

   20.     Duty of rail transport operator to ensure safety  
   21.     Duty of designer, manufacturer, supplier and others  
   22.     Duty when decommissioning  

           Division 2--Accreditation

   23.     Purpose of accreditation  
   24.     Accreditation required for railway operations  
   25.     Purpose for which accreditation may be granted  
   26.     Application for accreditation  
   27.     What applicant for accreditation must demonstrate  
   28.     Director may direct applicants to coordinate applications  
   29.     Coordination between Rail Safety Regulators  
   30.     Determination of application  
   31.     Prescribed conditions and restrictions  
   32.     Penalty for breach of condition or restriction  
   33.     Annual fees  
   34.     Late payment of fees  
   35.     Waiver of fees  
   36.     Surrender of accreditation  
   37.     Suspension or revocation of accreditation  
   38.     Immediate suspension of accreditation  
   39.     Documents available for public inspection  
   40.     Application for variation of accreditation  
   41.     Application relating to cooperative railway operations or operations in another jurisdiction  
   42.     Determination of application for variation  
   43.     Prescribed conditions and restrictions  
   44.     Variation of conditions and restrictions  
   45.     Director may change conditions or restrictions  
   46.     Accreditation cannot be transferred or assigned  
   47.     Sale or transfer of railway operations by accredited person  

           Division 3--Private sidings

   48.     Exemption from accreditation and registration  
   49.     Offences relating to private siding  

           Division 4--Safety management

   50.     Safety management system  
   51.     Director may direct amendment of safety management system  
   52.     Compliance with safety management system  
   53.     Review of safety management system  
   54.     Safety performance reports  
   55.     Interface coordination – rail transport operators  
   56.     Interface coordination – rail infrastructure manager – public roads  
   57.     Interface coordination – rail infrastructure manager – other roads  
   58.     Interface coordination – road manager – public roads and other roads  
   59.     Identification and assessment of risks  
   60.     Interface agreement  
   61.     Director may give directions  
   62.     Register of interface agreements  
   63.     Security management plan  
   64.     Emergency management plan  
   65.     Competence to carry out rail safety work  
   66.     Identification for rail safety workers  
   67.     Duty of rail safety worker  
   68.     Alcohol or prohibited drug  
   69.     Impairment  
   70.     Testing for presence of alcohol or drugs  
   71.     Contractors to comply with safety management system  

           Division 5--Information about rail safety

   72.     Rail transport operators to provide information  

           Division 6--Investigating and reporting by rail transport operators

   73.     Report of notifiable occurrences  
   74.     Investigation of notifiable occurrences  
   75.     Director may release information from report  

           Division 7--Audit by Director

   76.     Audit of railway operations by Director  

   PART 4--ENFORCEMENT

           Division 1--Entry to places by rail safety officers

   77.     Power to enter places  
   78.     Limitation on entry powers – places used for residential purposes  
   79.     Notice of entry  

           Division 2--General enforcement powers

   80.     General powers after entry  
   81.     Other powers after entry  
   82.     Use of assistants and equipment  
   83.     Use of electronic equipment  
   84.     Use of equipment to examine or process things  
   85.     Securing a site  

           Division 3--Search warrants

   86.     Search warrant  
   87.     Seizure of things not mentioned in warrant  

           Division 4--Seizure of things

   88.     Directions relating to seizure  
   89.     Rail safety officer may direct return of thing  
   90.     Receipt for seized thing  
   91.     Access to seized thing  
   92.     Embargo notice  
   93.     Return of seized thing  

           Division 5--Forfeiture

   94.     Forfeiture  
   95.     Forfeiture on conviction  
   96.     Dealing with forfeited sample or thing  
   97.     Acquisition on just terms  

           Division 6--Directions

   98.     Rail safety officers may direct certain persons to give assistance  
   99.     Power to direct name and address be given  
   100.    Power to direct production of documents  

           Division 7--Improvement notices

   101.    Improvement notice  
   102.    Contravention of improvement notice  
   103.    Withdrawal or amendment of improvement notice  
   104.    Proceedings for offence not affected by improvement notice  
   105.    Director to arrange for rail safety work required by improvement notice to be carried out  

           Division 8--Prohibition notice

   106.    Prohibition notice  
   107.    Contravention of prohibition notice  
   108.    Oral direction before prohibition notice served  
   109.    Withdrawal or amendment of prohibition notice  
   110.    Power to have remedial work done  
   111.    Power to enter land  
   112.    Proceedings for offence not affected by prohibition notice  

           Division 9--Miscellaneous matters

   113.    Direction may be given under more than one provision  
   114.    Temporary closure of railway crossing, bridge or other structure  
   115.    Restoring items to original condition after action taken  
   116.    Use of force  
   117.    Force against persons only by police officers  
   118.    Protection from incrimination  

   PART 5--REVIEW OF DECISIONS

   119.    Reviewable decisions  
   120.    Review by Director  
   121.    Application to Local Court  

   PART 6--INVESTIGATIONS

   122.    Appointment of investigator  
   123.    Functions of investigator  
   124.    Persons appointed to assist investigator  
   125.    Conduct of investigation  
   126.    Powers of investigator  
   127.    Power to enter and take control of place or building  
   128.    Report by investigator  
   129.    Withholding of information contained in report  
   130.    Director may take action as consequence of report  
   131.    Immunity  
   132.    Offences  

   PART 7--GENERAL LIABILITY AND EVIDENTIARY PROVISIONS

           Division 1--General matters

   133.    Time for offence proceedings to be commenced  
   134.    Authority to take proceedings  
   135.    Records and evidence from records  
   136.    Certificate evidence  
   137.    Proof of appointments and signatures unnecessary  
   138.    Multiple offences  
   139.    Conduct of representative  
   140.    Criminal liability of partner in partnership  
   141.    Criminal liability of manager of unincorporated association  
   142.    Criminal liability of executive officer of body corporate  
   143.    Sections 140 to 142 do not apply to volunteer  

           Division 2--Discrimination against employees

   144.    Victimisation of employee  
   145.    Order for damages or reinstatement  

           Division 3--Offences

   146.    Definitions  
   147.    Misleading information  
   148.    Obstructing official  
   149.    Abusive, threatening or insulting language to official  
   150.    Impersonating rail safety officer  
   151.    Interference with equipment, infrastructure or rolling stock  
   152.    Carrying out works near railway  

           Division 4--Enforceable voluntary undertakings

   153.    Director may accept undertaking  
   154.    Enforcement of undertaking  

           Division 5--Court-based sanctions

   155.    Continuing offences  
   156.    Commercial benefits order  
   157.    Supervisory intervention order  
   158.    Contravention of supervisory intervention order  
   159.    Exclusion order  
   160.    Contravention of exclusion order  

   PART 8--GENERAL

           Division 1--Confidentiality

   161.    Confidentiality  

           Division 2--Civil liability

   162.    Civil liability not affected  
   163.    Act done in good faith  
   164.    Immunity for reporting unfit rail safety worker  

           Division 3--Compliance codes and guidelines

   165.    Approval of compliance codes and guidelines  
   166.    Effect of compliance code  
   167.    Effect of complying with a compliance code  

           Division 4--Miscellaneous matters

   168.    Recovery of certain costs  
   169.    Recovery of amounts due  
   170.    Compliance with conditions of accreditation  
   171.    Contracting out prohibited  

   PART 9--ADMINISTRATION

           Division 1--Director of Rail Safety

   172.    Director of Rail Safety  
   173.    Functions of Director  
   174.    Annual report  
   175.    Delegation  
   176.    Director may exercise functions of rail safety officer  

           Division 2--Rail safety officers

   177.    Appointment of rail safety officers  
   178.    Reciprocal powers of rail safety officers  
   179.    Identification cards for rail safety officers  
   180.    Exercise of functions without identification card  
   181.    Display and production of identification card  
   182.    Return of identification card  

           Division 3--Miscellaneous administrative provisions

   183.    Forms  
   184.    Exemption from application of Act  
   185.    Effect of contravention of condition of exemption  
   186.    Regulations  

   PART 10--REPEAL AND TRANSITIONAL MATTERS

           Division 1--Repeal

   187.    Repeal  

           Division 2--Transitional matters for Rail Safety Act 2010

   188.    Definitions  
   189.    Continuation of appointments  
   190.    Application for accreditation under repealed Act  
   191.    Accreditation under repealed Act  
   192.    Refusal to grant accreditation under repealed Act  
   193.    Variation of accreditation  
   194.    Variation, suspension and cancellation of accreditation  
   195.    Immediate variation or suspension of accreditation  
   196.    Registration of private siding  
   197.    Directions under repealed Act for remedial safety work  
   198.    Power to require works to stop  
   199.    Reports on notifiable occurrences  
   200.    Investigation not completed  
   201.    Search warrant  
   202.    Offences  
   203.    Condition of accreditation or registration  
   204.    Seized things  
   205.    Non-disclosure of information  
   206.    References to repealed Act  
   207.    Interpretation Act not limited  
   208.    Transitional regulations  

   PART 11--CONSEQUENTIAL AMENDMENTS

   209.    Amendments of AustralAsia Railway (Special Provisions) Act  
   210.    Expiry of Part  
           SCHEDULE