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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Rail Safety National Law (South Australia) (Miscellaneous
No 3) Amendment Bill 2017
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
4Amendment of section 13—Functions and
objectives
5Amendment of section 64—Application for
accreditation
6Amendment of section 76—Annual
fees
7Amendment of section 94—Surrender of
registration
8Substitution of heading to Part 6, Division 2,
Subdivision 4
10Amendment of section 215—Reviewable
decisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Rail Safety National Law (South Australia)
(Miscellaneous No 3) Amendment Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision in
Part 2
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
4—Amendment
of section 13—Functions and objectives
Section 13(3), definition of prescribed authority—after
paragraph (a) insert:
(ab) Rail Industry Safety and Standards Board (RISSB) Limited;
and
5—Amendment
of section 64—Application for accreditation
(1) Section 64(2)(d)—delete "prescribed application fee" and
substitute:
application fee prescribed by the national regulations
(2) Section 64—after subsection (3) insert:
(4) If the
Regulator, on receiving an application for accreditation, is of the opinion that
the scope and nature of the railway operations in respect of which accreditation
is sought is such that the scale and complexity of the regulatory oversight that
will be required by the Regulator in respect of the operations will be
significant, the Regulator—
(a) must notify the
rail transport operator in writing—
(i) that, in addition to the application fee referred to in
subsection (2)(d), the Regulator is considering charging the operator the
application (complex operations) fee prescribed by the national regulations;
and
(ii) that the
operator may, within 7 days or such longer period as is specified in the
notice, make written representations to the Regulator showing cause why the
application (complex operations) fee should not be charged; and
(b) must consider any representations made under
paragraph (a)(ii)
and not withdrawn.
(5) If the Regulator proceeds with a decision to charge a rail transport
operator the application (complex operations) fee, the Regulator must notify the
operator of that fact and include in the notice—
(a) the reasons why the Regulator is charging the fee; and
(b) the date on or before which the fee is to be paid; and
(c) information about the right of review under Part 7.
6—Amendment
of section 76—Annual fees
Section 76(4)—after paragraph (d) insert:
and
(e) make provision for the decision of the Regulator to charge a
particular fee according to a factor determined by the Regulator to be a
reviewable decision under Part 7.
7—Amendment
of section 94—Surrender of registration
(1) Section 94(2)—after "registration" first occurring
insert:
in respect of a private siding
(2) Section 94(2)(b)—delete "in respect of" and
substitute:
carried out in
(3) Section 94(3)—delete "arrangements proposed in relation to the
cessation of the registered person's railway operations" and
substitute:
proposed arrangements
(4) Section 94(3)—after "registration" insert:
in respect of the relevant private siding
(5) Section 94(4)—delete "arrangements proposed in relation to the
cessation of the registered person's railway operations" and
substitute:
proposed arrangements
(6) Section 94(4)(c)—after "registration" insert:
in respect of the relevant private siding
8—Substitution
of heading to Part 6, Division 2, Subdivision 4
Heading to Part 6, Division 2, Subdivision 4—delete the heading and
substitute:
Subdivision 4—Cancellation, suspension or surrender
of an exemption
After section 213 insert:
213A—Surrender of exemption
(1) An exemption granted under this Division may only be surrendered in
accordance with this section.
(2) If a rail transport operator intends to surrender an exemption, the
operator must—
(a) give the Regulator written notice of the intention to surrender the
exemption; and
(b) provide the Regulator with details as to the arrangements proposed in
relation to the cessation of the operator's relevant railway
operations.
(3) If the Regulator is satisfied as to the arrangements proposed in
relation to the cessation of the relevant railway operations, the Regulator
must, as soon as reasonably practicable, by written notice given to the rail
transport operator, inform the operator that the exemption may be surrendered in
accordance with the proposed arrangements on the date specified in the
notice.
(4) If the Regulator is not satisfied as to the arrangements proposed in
relation to the cessation of the relevant railway operations, the Regulator
must, as soon as reasonably practicable, by written notice given to the rail
transport operator, inform the operator—
(a) that the Regulator is not satisfied as to the proposed arrangements;
and
(b) of the reasons for the Regulator's dissatisfaction; and
(c) that the exemption may not be surrendered until the Regulator is
satisfied as to the proposed arrangements.
10—Amendment
of section 215—Reviewable decisions
(1) Section 215(1), table—before item 1 insert:
|
A1 |
Section 64 (decision of the Regulator to charge additional application
(complex operations) fee) |
A rail transport operator who is required to pay the additional application
(complex operations) fee |
(2) Section 215(1), table—after item 11 insert:
|
11A |
Section 76 (if the national regulations so provide—decision of
the Regulator to charge a particular fee according to a factor determined by the
Regulator) |
An accredited person who is required to pay a particular fee |
(3) Section 215(1), table—after item 39 insert: