Victorian Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) ACT 2013 (NO. 23 OF 2013)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  

   PART 2--AMENDMENTS TO THE RAIL SAFETY ACT 2006

   3.      Principal Act  
   4.      Purpose amended  
   5.      Definitions and interpretation  
   6.      Tourist and heritage railway operator  
   7.      Declaration of substances to be a drug  
   8.      Railways to which this Act does not apply  
   9.      New section 7 substituted  
   10.     Declaration of an alcohol and drug control law of another State or Territory to be corresponding law  
   11.     References to contraventions of Acts to be read as including references to contraventions of regulations  
   12.      Objects and principles of rail safety  
   13.     New section 11A substituted  
   14.     Crown to be bound  
   15.     Principle of shared responsibility  
   16.     Principle of accountability for managing safety risks  
   17.     Principle of enforcement  
   18.     Principle of participation, consultation and involvement of all affected persons  
   19.     New heading to Division 1 of Part 3  
   20.     New section 18A inserted  
   21.     New heading to Division 2 of Part 3  
   22.     New section 20 substituted  
   23.     Duty of rolling stock operators to ensure safety of rolling stock operations  
   24.     Rail contractor duties  
   25.     Duties of persons providing rail operations by means of contracted personnel  
   26.     Duties of rail safety workers  
   27.     Duties of persons engaged in loading and unloading of rolling stock  
   28.     What is a safety management system?  
   29.     Form and contents of safety management systems  
   30.     Accredited rail transport operator must consult before establishing safety management system  
   31.     Accredited rail transport operator to have in place a safety management system  
   32.     Accredited rail transport operator must comply with a safety management system  
   33.     Provision of access to SMS to Safety Director or transport safety officer  
   34.     Requirements of exempted rail transport operator  
   35.     Safety audits  
   36.     Audit of medical records of rail safety workers  
   37.     Amendment to heading to Part 4  
   38.     Amendment to heading to Division 1 of Part 4  
   39.     Safety Director may require utility works or railway operations to stop  
   40.     Repeal of definitions  
   41.     Safety Director may direct utility works or railway operations to be altered, demolished or taken away  
   42.     What is a safety interface agreement?  
   43.     Safety interface assessment by rail transport operator—rail transport operations  
   44.     Safety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways  
   45.     Safety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways  
   46.     Safety interface assessment by relevant road authority of public roadway or pathway  
   47.     Safety interface assessment by relevant road authority of relevant roadway or pathway  
   48.     Requirements under sections 34E and 34F not to affect relevant road authority's functions, obligations or powers  
   49.     Identification and assessment of risks  
   50.     Safety interface agreements  
   51.     Safety Director may give directions if persons fail to make safety interface agreements  
   52.     Register of safety interface agreements  
   53.     Amendment to heading to Part 5  
   54.     Purpose of accreditation  
   55.     New section 36 substituted  
   56.     Rolling stock operators must not operate rolling stock unless accredited  
   57.     Application for accreditation  
   58.     New section 39 substituted  
   59.     Criteria on which applications by rolling stock operators are to be assessed  
   60.     Accreditation following direction  
   61.     Safety Director may give directions in relation to rolling stock operator applicants  
   62.     Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications  
   63.     Restrictions and conditions concerning accreditation  
   64.     Initial and annual accreditation fees  
   65.     Fee exemptions for tourist and heritage railway operators  
   66.     Offence to fail to comply with conditions etc.  
   67.     Application of Division  
   68.     New section 50 substituted  
   69.     Measures to control likelihood, magnitude and severity of consequences of incidents  
   70.     Emergency planning  
   71.     Accredited rail transport operator may apply for variation or revocation of conditions and restrictions  
   72.     Application for variation of accreditation is required in certain cases  
   73.     Where application for variation relates to co-operative railway operations  
   74.     Prescribed conditions and restrictions  
   75.     Safety Director may vary, revoke or impose new conditions of or restrictions on an accreditation on own initiative  
   76.     Surrender of accreditation  
   77.     False or misleading information  
   78.     Power of immediate suspension  
   79.     Disciplinary action against an accredited rail transport operator  
   80.     New Division 5A of Part 5 inserted  
   81.     Division 6 of Part 5 renamed  
   82.     Co-ordination between Safety Director and corresponding Rail Safety Regulator  
   83.     Repeal of redundant accreditation scheme provisions  
   84.     Accredited rail transport operator must investigate railway accidents and incidents  
   85.     Accredited rail transport operator must put into effect emergency plan without delay  
   86.     Accredited rail transport operator must notify emergency services and others of a major incident  
   87.     Accredited rail transport operators to provide information  
   88.     New Division 7 of Part 5 inserted  
   89.     New Part 6 substituted  
   90.     Reviewable decisions  

           Division 2--of Part 5 (refusal to accredit)

   91.     Review by VCAT  
   92.     Special right of review concerning interstate applicants  
   93.     Codes of practice  
   94.     New section 98 substituted  
   95.     New sections 101A and 101B inserted  
   96.     Reciprocal powers of rail safety officers  
   97.     Accreditation  
   98.     Safety duties and risk management requirements and minimisation  
   99.     Systems and arrangements for exempt rail operators  
   100.    Rail safety work  
   101.    Alcohol and other drug controls  
   102.    General regulation making powers  
   103.    Rail Safety Act 2006 renamed  
   104.    New Part 10 inserted  
   105.    Repeal of Part 11  

   PART 3--CONSEQUENTIAL AMENDMENTS TO THE TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

   106.    New definition of accredited rail transport operator inserted  
   107.    Definitions—consequential amendments to definitions  
   108.    Safety work infringements  
   109.    Definitions  
   110.    Identity cards  
   111.    General public transport related inspection, inquiry and search powers  
   112.    Direction to provide certain information  
   113.    Magistrates' Court may extend period  
   114.    Use or seizure of electronic equipment  
   115.    Improvement notices  
   116.    Definitions  
   117.    Safety Director may accept undertaking  
   118.    Varying or withdrawing undertaking  
   119.    Review of refusal to vary or withdraw undertaking  
   120.    Enforcement of undertaking  
   121.    Evidentiary certificates—relevant transport safety laws  
   122.    Offences by bodies corporate, officers of bodies corporate, partnerships etc.  
   123.    Service of documents on natural persons  
   124.    Service of documents on corporations  

   PART 4--AMENDMENTS TO THE BUS SAFETY ACT 2009

   125.    Offences relating to operation of bus service required to be registered  
   126.    New section 24 substituted  
   127.    New Division 7A of Part 4 inserted  
   128.    Review by VCAT  

   PART 5--REPEAL OF AMENDING ACT

   129.    Repeal of Amending Act  
           ENDNOTES