Queensland Numbered Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 78

78 Interface coordination for registered private siding

(1) An interface agreement that, immediately before the commencement, was in force under the repealed Act, section 59 is taken to be an interface agreement under the national law, section 83(2).

(2) Subsection (3) applies if, immediately before the commencement—

(a) the chief executive had given the railway infrastructure manager of a private siding and the accredited person for an accredited railway a preliminary notice under the applied Act, section 77(2); and

(b) the manager and the accredited person had not entered into an interface agreement under the repealed Act, section 59(2) or (4) (as applicable); and

(c) the chief executive had not given the manager and the accredited person a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable).

(3) The preliminary notice is taken to be a notice given by the Regulator to the manager and the accredited person under the applied law, section 110(2) in relation to their entry into an interface agreement under the national law, section 83(2).

(4) Subsection (5) applies if, immediately before the commencement—

(a) the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a notice under the applied Act, section 77(3) asking for information; but

(b) the manager or accredited person had not complied with the notice.

(5) The notice is taken to be a notice given by the Regulator to the manager or accredited person under the applied law, section 110(3).

(6) Subsection (7) applies if, immediately before the commencement—

(a) the chief executive had given the railway infrastructure manager for a private siding or the accredited person for an accredited railway a direction under the applied Act, section 78(2)(b) to implement arrangements that are to apply in relation to the management of the risks mentioned in the repealed Act, section 59(2) or (4) (as applicable); but

(b) the manager or accredited person had not complied with the direction.

(7) The direction is taken to be a direction given by the Regulator to the manager or accredited person under the applied law, section 110(4)(b) to give effect to arrangements that are to apply in relation to the risks mentioned in the applied law, section 106(a).

(8) A register of interface agreements and interface directions that, immediately before the commencement, was maintained by the railway infrastructure manager of a private siding under the repealed Act, section 59(10) is taken to be a register of interface agreements and arrangements maintained by the manager under the applied law, section 111(1).

(9) In this section—

"applied Act" , followed by a provision number, means the provision of the repealed Act with that number as applied by section 59(7) of that Act.

"applied law" , followed by a provision number, means the provision of the national law with that number as applied by section 83(2)(a) of that law.