[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Rail Safety National Law (South Australia)
(Miscellaneous) Amendment Bill 2015
A BILL FOR
An Act to amend the
Rail
Safety National Law (South Australia) Act 2012
.
Contents
Part 2—Amendment
of Rail Safety National Law (South Australia) Act 2012
4Amendment of section 12—Conduct of
preliminary breath test or breath analysis
Part 3—Amendment
of Rail Safety National Law
5Amendment of section
4—Interpretation
6Amendment of section 20—Power of
Regulator to obtain information
7Amendment of section
72—Regulator may make changes to conditions or restrictions
8Amendment of heading to Part
3, Division 4, Subdivision 4
9Amendment of section
73—Cancellation or suspension of accreditation
10Amendment of section 76—Annual
fees
11Amendment of section
91—Regulator may make changes to conditions or restrictions
12Amendment of heading to
Part 3, Division 5, Subdivision 4
13Amendment of section
92—Cancellation or suspension of registration
16Amendment of section 145—General powers
on entry
168APower to direct production
of documents
18Amendment of section
203—Ministerial exemptions
19Amendment of section
212—Regulator may make changes to conditions or restrictions
20Amendment of heading to
Part 6, Division 2, Subdivision 4
21Amendment of section
213—Cancellation or suspension of an exemption
22Insertion of Part 6, Division 2, Subdivision
6
23Amendment of section
215—Reviewable decisions
24Amendment of section
233—Meaning of infringement penalty provision
25Amendment of section
249—Approved codes of practice
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Rail Safety National Law (South Australia)
(Miscellaneous) Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
(a) a provision in
Part 2
amends the
Rail
Safety National Law (South Australia) Act 2012
; and
(b) a provision in
Part 3
amends the Rail Safety National Law set out in the Schedule to the
Rail
Safety National Law (South Australia) Act 2012
.
Part 2—Amendment
of Rail Safety National Law (South Australia)
Act 2012
4—Amendment
of section 12—Conduct of preliminary breath test or breath
analysis
Section 12(1)—delete "by means of a preliminary breath test or breath
analysis (or both)"
Part 3—Amendment
of Rail Safety National
Law
5—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of accredited person,
(a)—delete "revoked" and substitute:
cancelled
(2) Section 4(1),
definition of registered person, (a)—delete "revoked" and
substitute:
cancelled
6—Amendment
of section 20—Power of Regulator to obtain
information
Section 20(4)—delete subsection (4)
7—Amendment
of section 72—Regulator may make changes to conditions or
restrictions
Section 72(1)—delete "revoke" and substitute:
cancel
8—Amendment
of heading to Part 3, Division 4, Subdivision 4
Heading to Part 3, Division 4, Subdivision 4—delete
"Revocation" and substitute:
Cancellation
9—Amendment
of section 73—Cancellation or suspension of
accreditation
(1) Section 73(2)(b)—delete "revoke" and substitute:
cancel
(2) Section 73(2)—delete "revokes" and substitute:
cancels
(3) Section 73(4)—delete "revokes" and substitute:
cancels
(4) Section 73(4)—delete "revocation" wherever occurring and
substitute in each case:
cancellation
10—Amendment
of section 76—Annual fees
Section 76—after subsection (3) insert:
(3a) The Regulator
may, by written notice given to an accredited person, suspend the accreditation
of the person for failure to pay the annual fee on or before the prescribed
date, or in accordance with an agreement under subsection (3), until the
fee is paid.
(3b) Before making
a decision under
subsection (3a)
, the Regulator must notify the person in writing that the Regulator is
considering suspending the person's accreditation for non-payment of the annual
fee or for an instalment of the fee (as the case may be) if the person does not,
within the period specified in the notice—
(a) where the person has been paying the whole of the annual fee in
1 instalment—
(i) pay the fee; or
(ii) negotiate an agreement with the Regulator in relation to payment of
the fee and make a payment accordingly; or
(b) where the person has been paying the annual fee in accordance with an
agreement under subsection (3)—
(i) make a payment in accordance with the agreement; or
(ii) re-negotiate the agreement relating to payment of the annual fee with
the Regulator and make a payment accordingly.
(3c) The Regulator may withdraw a suspension of the accreditation of a
person by written notice given to the person.
11—Amendment
of section 91—Regulator may make changes to conditions or
restrictions
Section 91(1)—delete "revoke" and substitute:
cancel
12—Amendment
of heading to Part 3, Division 5, Subdivision 4
Heading to Part 3, Division 5, Subdivision 4—delete
"Revocation" and substitute:
Cancellation
13—Amendment
of section 92—Cancellation or suspension of
registration
(1) Section 92(2)(b)—delete "revoke" and substitute:
cancel
(2) Section 92(4)—delete "revokes" and substitute:
cancels
(3) Section 92(4)—delete "revocation" wherever occurring and
substitute in each case:
cancellation
After section 96 insert:
96A—Annual activity statements
(1) A rail infrastructure manager must give the Regulator an annual
activity statement about the manager's railway operations carried out in a
private siding to which section 83 applies for each reporting period
that—
(a) is in a form approved by the Regulator; and
(b) complies with the requirements (if any) prescribed by the national
regulations for the purposes of this section; and
(c) contains—
(i) a description of the railway operations carried out in the private
siding; and
(ii) details of any changes to the railway operations, rolling stock or
rail infrastructure; and
(iii) a description of risk management processes applicable to the private
siding.
(2) A rail infrastructure manager must submit a statement in accordance
with this section within 7 days after the end of each reporting period or
as otherwise agreed with the Regulator.
Maximum penalty:
(a) in the case of an individual—$5 000;
(b) in the case of a body corporate—$25 000.
(3) In this section—
reporting period means a financial year or such other period
as is agreed from time to time by the Regulator and the rail infrastructure
manager.
15—Amendment
of section 128—Offence relating to prescribed concentration of alcohol or
prescribed drug
Section 128—at the foot of subsection (1) insert:
Note—
In some participating jurisdictions, provision is made that, for the
purposes of this Law, a concentration of alcohol in a sample of a person's
breath will be taken to indicate a concentration of alcohol in the person's
blood.
16—Amendment
of section 145—General powers on entry
Section 145(1)(d)—delete "structure" and substitute:
rail infrastructure
After section 168 insert:
168A—Power to direct production of
documents
(1) A rail safety
officer may direct a person to make available for inspection by the officer, or
produce to the officer for inspection, at a specified time and
place—
(a) a document that is required to be kept by the person under this Law;
or
(b) a document that is prepared by the person under this Law for the
management of rail infrastructure or the operation of rolling stock that the
officer reasonably believes is necessary for the officer to consider to
understand or verify a document that is required to be kept under this Law;
or
(c) a document held by, or under the control of, the person relating to
the carrying out of railway operations.
Example—
A safety management system may require testing of equipment as part of a
scheduled maintenance program and a record of the results of the test to be
kept. If an item of equipment is tested in accordance with the safety management
system, the document that states the results of the test is a document prepared
under the safety management system.
(2) When giving a direction under
subsection (1)
, the rail safety officer must warn the person it is an offence to fail to
comply with the direction, unless the person has a reasonable excuse.
(3) The rail safety officer may keep the document to copy it but must
return the document to the person after copying it.
(4) A person must not,
without reasonable excuse, fail to comply with a requirement under
subsection (1)
.
Maximum penalty: $5 000.
(5)
Subsection (4)
places an evidential burden on the accused to show a reasonable
excuse.
18—Amendment
of section 203—Ministerial exemptions
Section 203(3)—delete "revoke" wherever occurring and substitute in
each case:
cancel
19—Amendment
of section 212—Regulator may make changes to conditions or
restrictions
Section 212(1)—delete "revoke" and substitute:
cancel
20—Amendment
of heading to Part 6, Division 2, Subdivision 4
Heading to Part 6, Division 2, Subdivision 4—delete
"Revocation" and substitute:
Cancellation
21—Amendment
of section 213—Cancellation or suspension of an
exemption
(1) Section 213(2)(b)—delete "revoke" and substitute:
cancel
(2) Section 213(4)—delete "revokes" and substitute:
cancels
(3) Section 213(4)—delete "revocation" wherever occurring and
substitute in each case:
cancellation
22—Insertion
of Part 6, Division 2, Subdivision 6
After section 214 insert:
Subdivision 6—Waiver of fees
214A—Waiver of fees
The Regulator may waive, or refund, the whole or part of any fee payable
under this Division.
23—Amendment
of section 215—Reviewable decisions
(1) Section 215—delete "revocation" wherever occurring and
substitute in each case:
cancellation
(2) Section 215—delete "revoked" wherever occurring and substitute
in each case:
cancelled
(3) Section 215—delete "revoking" wherever occurring and substitute
in each case:
cancelling
24—Amendment
of section 233—Meaning of infringement penalty
provision
Section 233, table—after item 4 insert: