RAIL SAFETY LEGISLATION AMENDMENT (NATIONAL SERVICES DELIVERY AND RELATED REFORMS) ACT 2019 (NO. 41 OF 2019)

Victorian Numbered Acts

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RAIL SAFETY LEGISLATION AMENDMENT (NATIONAL SERVICES DELIVERY AND RELATED REFORMS) ACT 2019 (NO. 41 OF 2019)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Principal Act

PART 2--AMENDMENT OF THE RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013

Division 1--General

4. Definitions—Principal Act
5. Section 4 repealed
6. Application of Rail Safety National Law
7. Interpretation of certain expressions
8. Section 9 repealed
9. Exclusion of legislation of this jurisdiction
10. Part 3 repealed
11. Division 1 of Part 4 repealed

Division 1--of Part 4 of the Principal Act is repealed.

12. New Division 1A of Part 4 inserted
13. Divisions 3 and 4 of Part 4 repealed
--Divisions 3 and 4 of Part 4 of the Principal Act are repealed.
14. Division 7 of Part 4 substituted
15. Division 5 of Part 7 repealed

Division 5--of Part 7 of the Principal Act is repealed.

16. Section 157 repealed

Division 2--Alcohol and drug controls for rail safety workers

17. New Part 4A inserted
18. Regulations

Division 3--Savings and transitionals

19. New Part 8 inserted

PART 3--AMENDMENT OF THE TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014

20. Purpose
21. Definitions
22. Entry into bus premises, marine premises or bus or boarding vessel
23. Notification of entry
24. General powers on entry or boarding
25. Directions powers as to operation and movement of vehicles
26. Magistrates' Court may extend period of detention of vessel
27. Persons assisting transport safety officers
28. Use of electronic equipment
29. Use of equipment to examine or process things
30. Securing a site or restricting access to bus or vessel
31. Directions for the protection of evidence
32. Search warrants
33. Seizure of things not mentioned in the warrant
34. Announcement before entry or boarding on warrant
35. Copy of warrant to be given to person with control or management of place, bus or vessel
36. Power to require production of documents, devices or other things and answers to questions
37. Sections 23 and 25 amended
38. Securing seized things
39. Receipt for seized things
40. Forfeiture of seized things
41. Return of seized things
42. Sections 36 and 37 amended
43. Compensation
44. Sections 39, 40 and 41 amended
45. Direction to provide certain information
46. Residential premises
47. Use of force
48. Manner in which transport safety officers must exercise powers
49. Service of improvement notices
50. Section 51 repealed
51. Contents of improvement notices
52. Sections 54 and 57 amended
53. Service of prohibition notice
54. Sections 61 and 67 amended
55. When Safety Director may carry out action
56. Power of Safety Director to take other remedial action
57. Service of non-disturbance notice
58. Contents of non-disturbance notice
59. Serving notices
60. Injunctions for non-compliance with notices
61. Enforceable voluntary undertaking
62. Sections 84, 85 and 86 amended
63. Contravention of transport safety undertaking
64. Withdrawal or variation of transport safety undertaking
65. Proceedings for alleged contravention
66. Additional enforcement measures relating to bus safety
67. Response to certain safety reports
68. Sections 91 and 92 repealed
69. Division 2 of Part 4 repealed

Division 2--of Part 4 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed.

70. Reviewable decisions
71. Offence to give false or misleading information
72. Criminal liability of officers of bodies corporate—failure to exercise due diligence
73. Who may commence proceedings for offences against this Act or a transport safety law
74. Limited period for prosecution of transport safety law indictable offences
75. Evidentiary certificates—this Act or transport safety laws
76. Definitions—Court based sanctions
77. Commercial benefits order
78. Supervisory intervention order
79. Exclusion orders
80. Adverse publicity order
81. Release on the giving of a safety undertaking
82. Sections 116, 119, 120, 121 and 122 amended
83. Attendance of transport safety officer at inquiries
84. Sections 124 and 127 amended
85. Recovery of costs
86. Section 130 repealed
87. Service of documents
88. Regulations

PART 4--AMENDMENTS OF OTHER ACTS

Division 1--Amendment of the Transport Integration Act 2010

89. Definitions
90. Sections 79L and 79M repealed
91. Object of Director, Transport Safety
92. Functions of Director, Transport Safety
93. Power to investigate
94. New section 174A inserted
95. Information disclosure by Director, Transport Safety
96. Delegation by the Director, Transport Safety
97. New section 178B inserted
98. New section 181A inserted
99. Appointment
100. When a transport safety appointee ceases to hold office
101. New section 187A inserted
102. Removal from office
103. Ministerial direction to investigate transport safety matter
104. Section 194 repealed and consequential cross-reference amended
105. Power to give advice on compliance
106. Definitions—Conflict between decisions of Director, Transport Safety and road authority

Division 2--Amendment of the Transport (Compliance and Miscellaneous) Act 1983

107. Definitions
108. Financial assistance to train drivers following fatal incidents
109. Application of definitions to Part V
110. Specific investigation powers—public transport safety matters or marine safety matters
111. Definitions
112. Interpretation
113. Definitions
114. Section 230J repealed
115. Service of documents on natural persons
116. Service of documents on corporations

Division 3--Amendment of other Acts

117. Consequential amendments to other Acts

PART 5--REPEAL OF THE RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 AND THIS ACT

118. Repeal of the Rail Safety (Local Operations) Act 2006
119. Repeal of this Act
SCHEDULE 1
ENDNOTES

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