Queensland Numbered Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 92

92 Compliant fatigue management program

(1) Despite the repeal of the repealed Act, the repealed fatigue management provisions are taken to be prescribed requirements under the national law, section 116 relating to fatigue risk management programs, but only until a relevant national regulation commences.

(2) For the purposes of subsection (1), a reference in the repealed fatigue management provisions to the chief executive is taken to be a reference to the Regulator.

(3) A program that, immediately before a relevant national regulation commences, complies with the repealed fatigue management provisions is taken to be a fatigue risk management program that complies with the national law, section 116.

(4) Subsection (3) applies only during the transitional period.

(5) In this section—

"relevant national regulation" means a national regulation prescribing the maximum work hours and minimum rest periods applying to rail safety workers who drive trains while carrying out rail safety work for the purposes of railway operations in the State.

"repealed fatigue management provisions" means the provisions of the repealed Transport (Rail Safety) Regulation 2010 in force under the repealed Act, section 85 immediately before the commencement.

Note—

The provisions include part 3, divisions 7A and 8A, parts 7 and 8 and schedule 4.

"transitional period" , in relation to a program to which subsection (3) applies, means the period starting when the relevant national regulation commences and ending on the earlier of the following—

(a) when the rail transport operator in relation to whose railway operations the program applies is granted an exemption under the national law, part 6 from compliance with section 116 of that law;

(b) 2 years after the relevant national regulation commences.