New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 1 January 2009
- Act 96 of 2002
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Object of Act
4. Interpretation
5. Railway operations
6. Railways to which Act applies
7. Act binds Crown
PART 2 - ACCREDITATION OF OPERATORS AND CERTIFICATION OF RAILWAY EMPLOYEES
Division 1 - Accreditation of railway operators
8. Operators of railways to be accredited
9. Purpose of accreditation
10. Applicant to give information
11. (Repealed)
12. Safety interface agreements
13. Passenger security
14. Safety management systems and capacity to safely carry out railway operations
15. Applicant to describe, and identify ownership of, infrastructure
16. Rolling stock to be identified
17. Designated directors and managers
18. Grant of accreditation
18A. (Repealed)
19. Provisional accreditation
20. Notice of provisional accreditation
20A. Application to Administrative Decisions Tribunal for review of decision of ITSRR
21. Exemptions from accreditation and accreditation requirements
22. Exemption of interstate railway operators
23. Exemption of operators of private sidings
24. Sale or transfer of railway by accredited person
Division 2 - Variation, suspension or cancellation of accreditation
25. Variation of accreditations
26. Declarations as to variation of accreditation
27. Requests by accredited persons for variation or surrender of accreditations
28. Suspension or cancellation of accreditation
29. Suspension of accreditation in emergency
30. Requirements for variation, suspension or cancellation
31. Safety management system to be considered before action taken
31A. (Repealed)
32. Notice of proposed action
33. Representations to ITSRR
34. Determination by ITSRR
35. Application to Administrative Decisions Tribunal for review of decision of ITSRR
Division 3 - Certification of and requirements relating to railway employees
36. Employees to be issued with certificates of competency
37. Employee must hold certificate of competency
37A. Production of certificate of competency
38. Certificates of competency
39. Register of certificates
40. Training of railway employees engaged in railway safety work
41. Health and fitness of railway employees
42. Railway employees--alcohol or other drugs
43. Fatigue management
Division 4 - Fees
44. Annual accreditation fees
45. Fixing of annual accreditation fees
46. Payment of annual fees
47. Additional time for payment
48. Minimum and late payment fees
PART 3 - SAFETY MEASURES
Division 1 - Safety management systems and annual safety reports
48A. Safety management systems
48B. Annual safety report
Division 1A - Inspections
49. Safety inspections
50. Regulations
Division 2 - Improvement and prohibition notices and other requirements
51. Improvement notices
52. Closure of level-crossings or other structures
53. Failure to comply with improvement notice
54. Prohibition notices
55. Notices may include directions
56. Review of notices by ITSRR
57. Application to Administrative Decisions Tribunal for stay of prohibition notice
58. Appeal to Administrative Decisions Tribunal
59. Withdrawal of notices
60. Proceedings for offences not affected by notices
Division 3 - Safety reports and investigations
61. Definitions
62. Industry safety reports
63. Provision of information relating to safety to ITSRR
64. Accredited persons must report notifiable occurrences
65. Reports of other matters
65A. Confidential reporting of safety information by railway employees
66. Investigation into railway accidents and incidents by railway operators
66A. Information may not be used in certain proceedings
67. Investigations by the Chief Investigator
67A. Chief Investigator and transport safety investigator's functions
67B. Rail safety inquiries
67C. Chief Investigator may request rail safety inquiry
67D. Assessors
67E. Witnesses and evidence at rail safety inquiries
67F. Report on rail safety inquiry
68. Tabling of reports
69, 70. (Repealed)
71. Disclosure of train safety record to Commonwealth or Commonwealth authority
72. Disclosure of train safety records (other than train safety recordings) to a court or person
73. Disclosure of train safety recordings
74. Evidence of train safety recordings in criminal proceedings
75. Evidence of train safety recordings in civil proceedings
76. Examination by a court of train safety recording
77. Compliance with subpoenas and other directions
78. Admissibility of other evidence and liability
PART 4 - ENFORCEMENT
Division 1 - Power of entry
79. Power of entry
80. Inspections and investigations
81. Functions of authorised officers in relation to relevant documents
82. Notice of entry
83. Use of force
84. Care to be taken
85. Recovery of cost of entry and inspection
86. Compensation
87. Authority to enter railway premises
88. Premises used for residential purposes
89. Protection from incrimination
90. Search warrants
Division 2 - Offences and proceedings
91. Offences involving accreditation, certification and authorisation
92. Failure to maintain safety systems, devices or appliances
93. Tampering with railway equipment
94. Private sidings
95. Railway offences
96. Offenders to state name and address
97. Obstruction
98. (Repealed)
99. Offence of impersonating an authorised officer
100. Offences by directors or managers of corporations
101. Offences by corporations
102. Double jeopardy
103. Proceedings for offences
104. Authority to take proceedings
105. Penalty notices for certain offences
106. Recovery of amounts due
107. Records and evidence from records
PART 5 - GENERAL
Division 1 - Administration
108. Functions of ITSRR
108A. (Repealed)
109. Exchange of information
110. (Repealed)
111. Appointment of authorised officers
112. Delegation by Minister
113. Exclusion of personal liability
114. Exclusion of liability of the State
Division 2 - Miscellaneous
115. Savings of other Acts etc
116. Service of documents
116A. Guidelines
117. Regulations
118. Repeal
119. Savings and transitional provisions
120. (Repealed)
121. Review of Act
SCHEDULE 1
SCHEDULE 2
Schedule 4 (Repealed)
SCHEDULE 5
Schedule 7 (Repealed)