- Act 64 of 2009 - Royal Assent 30 November 2009 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Objects of Act 4. Interpretation 5. Railways to which this Act does not apply 6. What "ensuring safety" means 7. What "rail safety work" means 8. Act binds Crown 9. Examples 10. Notes PART 2 - Rail Safety Duties 11. Safety duties of rail transport operators 12. Duties of rail transport operators extend to contractors 13. Duties of designers, manufacturers, suppliers, &c. PART 3 - Accreditation Division 1 - Application for accreditation 14. Purpose of accreditation 15. Accreditation required for railway operations 16. Accreditation not required for private sidings, but private sidings may be registered 17. Purpose for which accreditation may be granted 18. Application for accreditation 19. What applicant for accreditation must demonstrate 20. Rail Safety Regulator may direct applicants to coordinate and cooperate in applications 21. Coordination between Rail Safety Regulators 22. Determination of application 23. Prescribed conditions and restrictions 24. Offence of breach of condition or restriction Division 2 - Fees 25. Minister to determine fees 26. Payment of annual accreditation and registration fees 27. Late payment fees 28. Waiver of fees Division 3 - Variation and ending of accreditation 29. Surrender of accreditation 30. Revocation or suspension of accreditation 31. Immediate suspension of accreditation 32. Keeping and making available documents for public inspection 33. Application for variation of accreditation 34. Where application relates to cooperative railway operations or operations in another jurisdiction 35. Determination of application for variation 36. Prescribed conditions and restrictions 37. Variation of conditions and restrictions 38. Rail Safety Regulator may make changes to conditions or restrictions 39. Accreditation cannot be transferred or assigned 40. Sale or transfer of railway operations by accredited person PART 4 - Safety Management Division 1 - Safety management systems 41. Safety management system 42. Rail transport operator to implement and comply with safety management system 43. Contractors to comply with safety management system 44. Review of safety management system 45. Rail Safety Regulator may direct amendment of a safety management system 46. Safety performance reports Division 2 - Interface coordination 47. Interface coordination rail transport operators 48. Interface coordination rail infrastructure manager public roads 49. Interface coordination rail infrastructure manager roads other than public roads 50. Interface coordination road manager public roads and other roads 51. Identification and assessment of risks 52. Interface agreements 53. Rail Safety Regulator may give directions 54. Register of interface agreements PART 5 - Plans, Programs and Duties of Rail Safety Workers Division 1 - Plans and programs 55. Security management plan 56. Emergency management plan 57. Health and fitness management program 58. Alcohol and drug management program 59. Fatigue management program Division 2 - Rail safety workers 60. Competence of rail safety workers to be assessed 61. Rail safety workers to have identification 62. Duties of rail safety workers PART 6 - Drug and Alcohol Use and Testing 63. Use of alcohol and drugs by rail safety workers 64. Testing for drugs and alcohol PART 7 - Information, Investigation by Rail Transport Operators and Audit 65. Rail transport operators to provide information 66. Notification of certain occurrences 67. Rail transport operators may be required to investigate notifiable occurrences 68. Audit by Rail Safety Regulator of railway operations PART 8 - Investigations 69. Appointment of investigator 70. Conduct of investigation 71. Powers of investigator 72. Report of findings of investigator 73. Rights and obligations of persons in relation to investigations PART 9 - Enforcement Division 1 - Entry to places by rail safety officers 74. Power to enter places 75. Limitation on entry powers places used for residential purposes 76. Notice of entry Division 2 - General enforcement powers 77. General powers after entering a place 78. Use of assistants and equipment 79. Use of electronic equipment 80. Use of equipment to examine or process things 81. Securing a site Division 3 - Search warrants 82. Search warrants 83. Warrants by telephone or other electronic means 84. Notice to be given of entry under warrant 85. Seizure of things not mentioned in warrant Division 4 - Powers to support seizure 86. Directions relating to seizure 87. Rail safety officer may direct a thing's return 88. Receipt for seized things 89. Access to seized thing 90. Embargo notices Division 5 - Forfeiture 91. Return of seized things 92. Forfeiture 93. Dealing with forfeited sample or thing Division 6 - Directions 94. Directions to certain persons to give assistance 95. Directions to give name and address 96. Direction to produce documents Division 7 - Improvement notices 97. Improvement notices 98. Contravention of improvement notice 99. Withdrawal or amendment of improvement notices 100. Proceedings for offences not affected by improvement notices 101. Rail Safety Regulator to arrange for rail safety work required by improvement notice to be carried out Division 8 - Prohibition notices 102. Prohibition notice 103. Contravention of prohibition notice 104. Oral direction before prohibition notice served 105. Withdrawal or amendment of prohibition notice 106. Proceedings for offences not affected by prohibition notices Division 9 - Miscellaneous 107. Directions may be given under more than one provision 108. Temporary closing of railway crossings, bridges, &c. 109. Restoring rail infrastructure and rolling stock, &c. to original condition after action taken 110. Use of force 111. Power to use force against persons to be exercised only by police officers 112. Protection from incrimination PART 10 - Review of Decisions 113. Reviewable decisions 114. Review by Rail Safety Regulator 115. Review by Magistrates Court (Administrative Appeals Division) PART 11 - General Liability and Evidentiary Provisions Division 1 - General 116. Period within which proceedings for offences may be commenced 117. Authority to take proceedings 118. Vicarious responsibility 119. Records and evidence from records 120. Certificate evidence 121. Proof of appointments and signatures unnecessary 122. Multiple offences 123. Offences by bodies corporate, partnerships, associations and employees Division 2 - Discrimination against employees 124. Dismissal or other victimisation of employee 125. Defendant bears onus of proof 126. Order for damages or reinstatement Division 3 - False or misleading information 127. False or misleading information provided to Rail Safety Regulator or officials Division 4 - Other offences 128. Obstructing or hindering rail safety officers 129. Impersonation of rail safety officer 130. Interference with train, tram, &c. 131. Applying brake or emergency device 132. Stopping train or tram Division 5 - Infringement notices 133. Infringement notices Division 6 - Enforceable voluntary undertakings 134. Rail Safety Regulator may accept undertakings 135. Enforcement of undertakings Division 7 - Court-based sanctions 136. Daily penalty for continuing offences 137. Commercial benefits order 138. Supervisory intervention order 139. Contravention of supervisory intervention order 140. Exclusion orders 141. Contravention of exclusion order PART 12 - Occupational Health and Safety Legislation 142. Act adds to protection provided by OHS legislation 143. OHS legislation prevails 144. Compliance with this Act is no defence to prosecution under OHS legislation 145. Evidence of contravention under this Act is admissible in OHS legislation proceedings 146. No double jeopardy PART 13 - Administration Division 1 - Rail Safety Regulator 147. Rail Safety Regulator 148. Functions 149. Annual reports 150. Delegation 151. Rail Safety Regulator may exercise functions of rail safety officers Division 2 - Rail safety officers 152. Appointment 153. Reciprocal powers of rail safety officers 154. Identification cards for rail safety officers 155. Rail safety officer must not exercise functions without identification card 156. Display and production of identification card 157. Return of identification cards PART 14 - Miscellaneous Division 1 - Confidentiality 158. Confidentiality Division 2 - Civil liability 159. Civil liability not affected by Part 2 , 4 or 5 160. Exclusion of personal liability 161. Immunity for reporting unfit rail safety worker Division 3 - Compliance codes and guidelines 162. Approval of compliance codes and guidelines 163. Effect of compliance code 164. Effect of complying with compliance code Division 4 - Other matters 165. Exemptions 166. Recovery of certain costs 167. Recovery of amounts due 168. Compliance with conditions of accreditation 169. Prescribed persons 170. Contracting-out prohibited 171. Regulations 172. Administration of Act PART 15 - Transitional 173. Interpretation of this Part 174. Saving of appointment of Rail Safety Regulator 175. Saving of accreditation of persons under former Act 176. Registration of private sidings 177. Applications and administrative acts and decisions 178. Application of provisions in respect of existing operators PART 16 - Abt Railway Development Act 1999 Amended 179. Principal Act 180. Section 30 repealed PART 17 - Emu Bay Railway (Operation and Acquisition) Act 2009 Amended 181. Principal Act 182. Section 3 amended (Interpretation) 183. Section 4 amended (Authority of PN Tas (Operations) Pty Limited to operate rail business on Emu Bay Railway) PART 18 - Local Government Act 1993 Amended 184. Principal Act 185. Section 87 amended (Exemption from rates) PART 19 - Police Offences Act 1935 Amended 186. Principal Act 187. Section 3 amended (Interpretation) PART 20 - Rail Company Act 2009 Amended 188. Principal Act 189. Section 4 amended (Interpretation) PART 21 - Rail Infrastructure Act 2007 Amended 190. Principal Act 191. Section 3 amended (Interpretation) 192. Section 10 repealed PART 22 - Legislation repealed and rescinded 193. Legislation repealed 194. Legislation rescinded PART 23 - Further Consequential Amendments 195. Amendment of Emu Bay Railway (Operation and Acquisition) Act 2009 196. Amendment of Boundary Fences Act 1908 SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]