Queensland Numbered Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - As at 9 March 2017 - Act 4 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - APPLICATION OF RAIL SAFETY NATIONAL LAW

   4.      Application as law of this jurisdiction
   5.      Meaning of generic terms in Rail Safety National Law for this jurisdiction
   6.      Exclusion of legislation of this jurisdiction
   7.      Relationship with mining safety legislation
   8.      Modification of particular terms in Rail Safety National Law for this jurisdiction
   9.      Rail Safety National Law (Queensland) does not apply to monorails
   10.     Industrial relations status of ONRSR
   11.     Police officer can not be appointed as rail safety officer
   12.     Offences against Rail Safety National Law (Queensland)
   13.     No double jeopardy
   14.     Parliamentary scrutiny of national regulations

   PART 3 - DRUG AND ALCOHOL TESTING PROCEDURES

           Division 1 - Interpretation

   15.     Definitions for part
   16.     Qualified assistants
   17.     How to read particular references in national law, pt 3, div 9
   18.     Using breath sample to find blood alcohol concentration

           Division 2 - Application of national law, part 3, division 9 and this part

   19.     Application of national law, ss 126 and 127
   20.     Limitation on when authorised person may exercise powers in relation to train driver

           Division 3 - Provision of specimens of breath or saliva for preliminary test

   21.     Requirement to submit to preliminary test
   22.     Direction to provide specimen of breath or saliva
   23.     Direction to provide additional specimen of breath or saliva
   24.     Time limit on giving direction to provide specimen for preliminary testing
   25.     Limitation on direction to provide specimen for preliminary testing—prescribed medical certificate

           Division 4 - Provision of specimens of breath or saliva for analysis or blood for testing

   26.     Application of division
   27.     Requirement to submit to breath analysis, saliva analysis or blood test
   28.     Direction to provide specimen of breath, saliva or blood
   29.     Direction to provide additional specimens of breath, saliva or blood
   30.     Direction to provide specimen of breath at police station
   31.     Time limit on commencing breath or saliva analysis or blood test
   32.     Limitation on direction to provide specimen of breath or saliva for analysis—prescribed medical certificate
   33.     Rail safety worker may request duplicate specimen of saliva or blood
   34.     Requirements for providing specimen of breath or saliva for analysis
   35.     Compliance with direction to provide specimen of blood for laboratory test
   36.     Health care professional may take specimen of blood without consent

           Division 5 - Conduct of analysis and testing of specimens

   37.     Who may operate breath analysing instrument
   38.     Delivery of specimen to laboratory

           Division 6 - Evidentiary matters

              Subdivision 1 - Evidence of breath analysis

   39.     Breath analysis certificate
   40.     Evidence from breath analysing instrument

              Subdivision 2 - Evidence about submission to breath analysis, saliva analysis or blood test

   41.     Certificate about requirement to submit to breath analysis, saliva analysis or blood test
   42.     Certificate about failure to provide specimen of breath or saliva for analysis
   43.     Certificate about failure to allow health care professional to take specimen of blood
   44.     Requirement to give certificate to rail safety worker and authorised person
   45.     Certificate evidence

              Subdivision 3 - Evidence about laboratory testing

   46.     Analyst’s certificate
   47.     Requirement to give analyst’s certificate to authorised person and rail safety worker
   48.     Evidence from laboratory test
   49.     Production of analyst’s certificate
   50.     Evidentiary provision for laboratory equipment

              Subdivision 4 - Other evidentiary matters

   51.     Certificate by health care professional about taking of specimen
   52.     Certificate by particular person is evidence of matters relating to that person

           Division 7 - Provisions about particular types of evidence obtained under this part

   53.     Admissibility of evidence of alcohol or drug in proceedings for particular offences
   54.     Defendant to give notice of intention to lead evidence of particular matters
   55.     Particular persons may be required to attend hearing with leave of court

           Division 8 - Miscellaneous

   56.     Defence to prosecution for offence against national law, s 126(3) or 127(3)
   57.     Omission is not an offence

   PART 4 - FUNDING FOR AUSTRALIAN TRANSPORT SAFETY BUREAU UNDER TRANSPORT SAFETY INVESTIGATION ACT 2003 (CWLTH)

   58.     Definition for part
   59.     Rail safety investigation fees
   60.     Requirement to give chief executive information
   61.     Recovery of rail safety investigation fees

   PART 5 - MISCELLANEOUS

   62.     Provision of information or assistance by chief executive or ONRSR
   63.     Regulation-making power

   PART 6 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal of Transport (Rail Safety) Act 2010

   64.     Repeal

           Division 2 - Transitional provisions

              Subdivision 1 - Preliminary

   65.     Definition for division

              Subdivision 2 - Applicable railway operations

   66.     Railway operations to which repealed Act did not apply

              Subdivision 3 - Exemptions

   67.     Exemption for related bodies corporate
   68.     Exemption for particular railway operations
   69.     Compliance with registration conditions
   70.     Application for exemption
   71.     Consideration of and decision on application
   72.     Variation, suspension or revocation of exemption
   73.     Procedure for varying, suspending or revoking exemption

              Subdivision 4 - Private sidings

   74.     Connection between private siding and accredited railway
   75.     Registration
   76.     Compliance with registration conditions
   77.     Annual registration fee
   78.     Interface coordination for registered private siding

              Subdivision 5 - Safety management systems and safety performance reports

   79.     Compliant safety management system
   80.     Agreement about timing of review of safety management system
   81.     Requirement to give safety performance report

              Subdivision 6 - Interface coordination

   82.     Definitions for subdivision
   83.     Interface agreements
   84.     Rail infrastructure manager’s obligation relating to rail or road crossing for private road
   85.     Chief executive’s notice about failure to enter into interface agreement
   86.     Chief executive’s direction about arrangement that is to apply
   87.     Register of interface arrangements

              Subdivision 7 - Management plans and programs

   88.     Compliant security management plan
   89.     Compliant emergency management plan
   90.     Compliant health and fitness management program
   91.     Compliant alcohol and drug management program
   92.     Compliant fatigue management program

              Subdivision 8 - Competence and identification of rail safety workers

   93.     Compliance with requirements for assessment of competence
   94.     Identification for rail safety workers

              Subdivision 9 - Investigating and reporting requirements

   95.     Notification of particular occurrence
   96.     Investigation of particular occurrence

              Subdivision 10 - Accreditation

   97.     Accreditation for railway operations
   98.     Application for accreditation
   99.     Coordination of application between rail transport operators
   100.    Consideration of and decision on application
   101.    Compliance with accreditation conditions
   102.    Annual accreditation fee
   103.    Suspension for non-payment of fee
   104.    Suspension or revocation of accreditation
   105.    Procedure for suspending or revoking accreditation
   106.    Immediate suspension of accreditation
   107.    Variation of conditions on Regulator’s initiative
   108.    Application for variation of accreditation
   109.    Consultation with affected rail transport operators
   110.    Consideration of and decision on application for variation of accreditation
   111.    Application for variation of conditions
   112.    Consultation with affected rail transport operators
   113.    Consideration of and decision on application for variation of condition
   114.    Surrender of accreditation

              Subdivision 11 - Access disputes relating to rail safety

   115.    Request for chief executive to decide safety matter
   116.    Chief executive given notice about dispute matter
   117.    Compliance with safety matter direction

              Subdivision 12 - Rail safety officers

   118.    Appointments
   119.    Identity cards

              Subdivision 13 - Enforcement

   120.    Continuation of repealed Act for compliance or investigative purposes
   121.    Completion of investigations required by chief executive to be investigated
   122.    Completion of other investigations
   123.    Improvement notices
   124.    Prohibition notices

              Subdivision 14 - Boards of inquiry

   125.    Completion of inquiries

              Subdivision 15 - Provisions about particular investigations or inquiries

   126.    Restricted information
   127.    Certificates of relevant person’s involvement in investigation

              Subdivision 16 - Internal and external review

   128.    Internal review of decisions
   129.    External review of decisions

              Subdivision 17 - Matters under repealed Act, part 13

   130.    Rail safety undertakings
   131.    Recovery of amounts payable under repealed Act

              Subdivision 18 - Miscellaneous

   132.    Transitional regulation-making power
   133.    Acts Interpretation Act 1954 not affected

   PART 7 - AMENDMENTS OF ACTS

           Division 1 - Amendment of this Act

   134.    Act amended
   135.    Amendment of long title

           Division 2 - Amendment of Coal Mining Safety and Health Act 1999

   136.    Act amended
   137.    Insertion of new s 5A

           Division 3 - Amendment of Mining and Quarrying Safety and Health Act 1999

   138.    Act amended
   139.    Insertion of new s 5A

           Division 4 - Amendment of Queensland Rail Transit Authority Act 2013

   140.    Act amended
   141.    Replacement of s 100 (Application of Transport (Rail Safety) Act 2010 to Queensland Rail Limited and the Authority)

           Division 5 - Amendment of Work Health and Safety Act 2011

   142.    Act amended
   143.    Replacement of pt 16, div 4 (Transitional provision for Work Health and Safety and Other Legislation Amendment Act 2015)
   144.    Replacement of sch 1, pt 2, div 3 (Transport rail safety)

           Division 6 - Minor and consequential amendments of other Acts

   145.    Acts amended in sch 1
           SCHEDULE 1