New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 20 January 2013
- Act 97 of 2008
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects
4. Interpretation
5. Railways to which this Act does not apply
6. Management of risks
6A. What is "reasonably practicable" in ensuring safety
7. Rail safety work
PART 2 - GENERAL RAIL SAFETY
Division 1 - Duties to ensure public safety of railway operations
8. Duties of rail transport operators and other persons carrying out railway operations
9. Duties of designers, manufacturers, suppliers etc
10. Duties of rail safety workers
11. (Repealed)
Division 2 - Safety management of railway operations
12. Safety management system
13. Implementation of and compliance with safety management system
14. Review of safety management system
15. Safety performance reports
16. Security management plan
17. Emergency management plan
18. Health and fitness management program
19. Drug and alcohol management program
20. Fatigue management
21. Competence of rail safety workers
22. Identification for rail safety workers
23. Other persons to comply with safety management system
24. ITSRR may direct amendment of a safety management system
Division 3 - Interface co-ordination
25. Interpretation
26. Interface co-ordination--rail transport operators
27. Interface co-ordination--rail infrastructure manager--public roads
28. Interface co-ordination--rail infrastructure manager--roads other than public roads
29. Interface co-ordination--obligations of roads authorities
30. Assessment of risks
31. Scope of interface agreements
32. Interface arrangements may be directed to be made
33. Register of interface agreements
PART 3 - ACCREDITATION OF RAIL TRANSPORT OPERATORS
Division 1 - Requirement for accreditation
34. Purpose of accreditation
35. Accreditation required for railway operations
36. Purpose for which accreditation may be granted
37. Accreditation offences
Division 2 - Applications for accreditation
38. Application for accreditation
39. What applicant for accreditation must demonstrate
40. ITSRR may direct applicants to co-ordinate and co-operate in applications
41. Co-ordination between ITSRR and other Rail Safety Regulators
42. Determination of application
43. Prescribed conditions and restrictions
44. Accreditation cannot be transferred or assigned
45. Sale or transfer of railway operations by accredited person
Division 3 - Accreditation fees and inspection of documents
46. Annual accreditation fees
47. Differential accreditation fees
48. Payment of annual fees
49. Late payment fees
50. Waiver of fees
51. Keeping and making available documents for public inspection
Division 4 - Surrender, revocation and variation of accreditation
52. Surrender of accreditation
53. Suspension or revocation of accreditation
54. Immediate suspension of accreditation
55. Application for variation of accreditation
56. Determination of application for variation of accreditation
57. Variation of conditions and restrictions
58. ITSRR may make changes to conditions or restrictions
59. Prescribed conditions and restrictions
Division 5 - Private sidings
60. Exemption from accreditation
PART 4 - SAFETY REPORTS AND INVESTIGATIONS
Division 1 - Safety reports
61. Rail transport operators to provide information
62. Industry safety reports
63. Notifiable occurrences
64. Confidential reporting of safety information by rail safety workers
Division 2 - Investigations of accidents and incidents
65. Investigation into railway accidents and incidents by rail transport operators
66. Information may not be used in certain proceedings
67. Investigations by Chief Investigator
68. Chief Investigator and transport safety investigator's functions
69. Rail safety inquiries
70. Chief Investigator may request rail safety inquiry
71. Assessors
72. Witnesses and evidence at rail safety inquiries
73. Report on rail safety inquiry
74. Tabling of reports
Division 3 - Disclosure of train safety records
75. Definitions
76. Disclosure of train safety record to Commonwealth or Commonwealth authority
77. Disclosure of train safety records (other than train safety recordings) to a court or person
78. Disclosure of train safety recordings
79. Evidence of train safety recordings in criminal proceedings
80. Evidence of train safety recordings in civil proceedings
81. Examination by a court of train safety recording
82. Compliance with subpoenas and other directions
83. Admissibility of other evidence and liability
Division 4 - Audit by ITSRR
84. Audit of railway operations of rail transport operators
PART 5 - INVESTIGATION POWERS
Division 1 - Powers of entry
85. Power to enter places
86. Limitation on entry powers--places used for residential purposes
87. Notice of entry
Division 2 - General enforcement powers of rail safety officers
88. General powers after entering a place
89. Powers of rail safety officers in relation to relevant documents
90. Use of assistants and equipment
91. Use of electronic equipment
92. Use of equipment to examine or process things
93. Securing a site
Division 3 - Search warrants
94. Search warrants
Division 4 - Powers to support seizure
95. Directions relating to seizure
96. Receipt for seized things
97. Access to seized thing
98. Embargo notices
Division 5 - Dealings with seized items
99. Return of seized things
100. Forfeiture of sample or thing
101. Dealing with forfeited sample or thing
102. Application of Law Enforcement (Powers and Responsibilities) Act 2002
Division 6 - Directions
103. Rail safety officers may direct certain persons to give assistance
104. Power to direct name and address be given
105. Failure to give name or address
106. Power to obtain information, documents and evidence
107. Failure to comply with notice
Division 7 - Miscellaneous
108. Directions may be given under more than one provision
109. Temporary closure of railway crossings
110. Restoring rail infrastructure and rolling stock etc to original condition after action taken
111. Use of force
PART 6 - IMPROVEMENT AND PROHIBITION NOTICES
Division 1 - Improvement notices
112. Improvement notices
113. Contravention of improvement notice
114. Withdrawal or amendment of improvement notices
115. Proceedings for offences not affected by improvement notices
116. ITSRR to arrange for rail safety work required by improvement notice to be carried out
Division 2 - Prohibition notices
117. Prohibition notice
118. Contravention of prohibition notice
119. Oral direction before prohibition notice served
120. Withdrawal or amendment of prohibition notice
121. Proceedings for offences not affected by prohibition notices
Division 3 - General provisions relating to notices
122. Review of notices by ITSRR
123. Appeal to Industrial Magistrate following review
124. Application to Industrial Magistrate for stay of prohibition notice
125. Revocation or withdrawal of notice does not prevent issue of another notice
PART 7 - OFFENCES, PENALTIES AND OTHER SANCTIONS
Division 1 - Offences
126. Obstructing or hindering rail safety officers
127. Offence to impersonate rail safety officer
128. Offences involving accreditation
129. Notice to be given of certain matters
130. Tampering with railway equipment
131. (Repealed)
Division 2 - Proceedings for offences
132. Proceedings for offences
133. Period within which proceedings for offences may be commenced
134. Authority to take proceedings
135. Multiple contraventions of general duties
136. Duty of officers
137. Continuing offences
138. Proceedings against the Crown and public authorities
139. Penalty notices
Division 3 - Enforceable voluntary undertakings
140. ITSRR may accept undertakings
141. Enforcement of undertakings
Division 4 - Court-based sanctions
142. Commercial benefits order
143. Supervisory intervention order
144. Contravention of supervisory intervention order
145. Exclusion orders
146. Contravention of exclusion order
PART 8 - ADMINISTRATION
147. Delegation by Minister
148. Appointment of rail safety officers
149. Reciprocal powers of rail safety officers
150. Identification cards for rail safety officers
151. Rail safety officer must not exercise functions without identification card
152. Display and production of identification card
153. Return of identification cards
154. ITSRR may exercise functions of rail safety officers
PART 9 - MISCELLANEOUS
155. Act to bind Crown
156. Exchange of information
157. Reviewable decisions
158. Review by ITSRR and ADT
159. Protection from incrimination
160. Records and evidence from records
161. Certificate evidence
162. Disclosure of information
163. Civil liability not affected by Part 2
164. Exclusion of personal liability
165. Exclusion of liability of the State
166. Immunity for reporting unfit rail safety worker
167. Approval of compliance codes and guidelines
168. Use of compliance codes
169. Effect of compliance code
170. Recovery of certain costs
171. Recovery of amounts due
172. Contracting out prohibited
173. Service of documents
174. Regulations
175. Application of work health and safety legislation
176. Repeal
177. Savings, transitional and other provisions
178. (Repealed)
179. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)