Rail Safety Amendment Regulations 2014
S.R. No. 30/2014
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
6
7
8
9
10
11
12
13
Page
Objective
Authorising provisions
Commencement
Principal Regulations
Title of Rail Safety Regulations 2006 amended
Objective of Principal Regulations amended
Definitions
Scope of the meaning of rail safety work
Director of Public Transport exempt
Application for accreditation
Combined applications for accreditation
Ongoing notification of change of details
New Divisions 1A and 1B of Part 2 inserted
1
2
2
2
2
2
2
3
3
3
6
6
6
Division 1A—Exemptions
6
8A
8B
8C
8D
Information to be provided by applicants under
section 61B(2) of the Act
What an applicant must demonstrate under section 61C
of the Act
Exemption subject to conditions
Application for variation of an exemption
Division 1B—Registration of rail transport operators of
private sidings
8E
8F
14
15
16
17
18
19
Application for registration
Prescribed details for required notification of granting
or variation of registration
8G
Application for variation of registration
Preparation and communication of an emergency plan
Matters to be included in an emergency plan
Keeping, maintaining and testing an emergency plan
Review and revision of emergency plan
Content of a SMS for accredited rail operators
Regulation 13A substituted
13A
Systems and arrangements for exempt rail transport
operators
i
6
8
9
9
10
10
13
13
14
14
14
14
14
15
15
Regulation
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Page
Review and revision
Review and revision of systems and arrangements for exempt
rail operators
Provision of SMS to Safety Director
Copies of SMS to be kept
Copies of safety interface agreements to be kept available to
public
Copies of system and arrangements to be kept
Preliminary breath test devices
Procedure for breath analysis
Procedure after taking blood samples
Certificate under section 78(5)
Particulars of a report of assessment of drug impairment
Certificate under section 83(5)
Certificate under section 83(6)
Certificate under section 83(7)
Certificate under section 83(8)
New regulations 29 to 34 substituted
29
Devices prescribed for the purposes of oral fluid
analysis and drug screening tests
30
Procedure for carrying out oral fluid analysis or drug
screening tests
31
Procedure after taking oral fluid sample
32
Certificate under section 86J(5)
33
Certificate under section 86J(6)
33A
Certificate under section 86J(7)
34
Duty to provide indicative positive results to Safety
Director
Rail transport operator to ensure workers are fit to carry out
rail safety work
Fatigue management
Health assessments
Competence of rail safety workers
Assessment of rail safety worker competence
Records of competence and training
Safety director may specify notifiable accident or incident or
notifiable circumstance
Duty to notify railway accidents or incidents
Duty to notify notifiable circumstances
Investigation report
Monthly reports
Regulation 46A substituted
46A
Notification to Safety Director of certain decisions or
changes
Exemptions from reporting requirements
Duty to preserve accident or incident site
Annual reviews and reports
ii
15
16
16
16
16
16
17
17
17
17
17
18
18
18
18
19
19
20
20
21
21
22
22
23
24
24
24
24
25
25
25
25
26
26
26
26
29
29
29
Regulation
Page
51
52
53
Accreditation application fee
Fee for temporary accreditation
Regulation 52 substituted
52
Fee for registration of a private siding
54
Accreditation fee
55
Annual fees
56
New regulation 54A inserted
54A
Exemption from fees
57
Schedule 1 amended
58
Schedule 2 amended
59
Schedule 3 amended
═══════════════
ENDNOTES
iii
30
30
30
30
31
31
31
31
32
32
36
38
STATUTORY RULES 2014
S.R. No. 30/2014
Rail Safety Act 2006
Rail Safety Amendment Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 13 May 2014
Responsible Minister:
TERRY MULDER
Minister for Public Transport
CHIARA EDWARDS
Acting Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Rail Safety Regulations 2006 to make
amendments consequent on the enactment of the
Transport Legislation Amendment (Rail Safety
Local Operations and Other Matters) Act 2013,
including—
(a) amending the regulations relating to Part 6 of
the Rail Safety (Local Operations) Act
2006 (Drug and Alcohol Controls); and
(b) adopting terminology used in the Rail Safety
National Law (Victoria) to ensure
consistency between that Law and the Rail
Safety (Local Operations) Act 2006; and
(c) renaming the Rail Safety Regulations 2006
as the Rail Safety (Local Operations)
Regulations 2006.
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2 Authorising provisions
These Regulations are made under Division 5 of
Part 9 of the Rail Safety Act 2006.
3 Commencement
These Regulations come into operation on 19 May
2014.
4 Principal Regulations
In these Regulations, the Rail Safety Regulations
20061 are called the Principal Regulations.
5 Title of Rail Safety Regulations 2006 amended
In the title of the Principal Regulations, after
"Rail Safety" insert "(Local Operations)".
6 Objective of Principal Regulations amended
In regulation 1 of the Principal Regulations, after
"safe" insert "local".
7 Definitions
In regulation 4 of the Principal Regulations—
(a) the definition of accredited tourist and
heritage railway operator is revoked;
(b) after the definition of AQF insert the
following definition—
"AQTF means the Australian Quality
Training Framework within the
meaning of the Skilling Australia's
Workforce Act 2005 of the
Commonwealth;";
(c) in the definition of exempt rail operator, for
"section 63" substitute "Division 5A of
Part 5 or section 69B";
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(d) for the definition of health assessment
national standard substitute—
"health assessment national standard means
National Standard for Health
Assessment of Rail Safety Workers,
published by the National Transport
Commission in October 2012, as
amended from time to time;";
(e) in the definition of the Act, after "Safety"
insert "(Local Operations)".
8 Scope of the meaning of rail safety work
In regulation 5 of the Principal Regulations, for
"telecommunications equipment" (where twice
occurring) substitute "telecommunications
systems".
9 Director of Public Transport exempt
Regulation 6AB of the Principal Regulations is
revoked.
10 Application for accreditation
For regulation 6(1) and (2) of the Principal
Regulations substitute—
"(1) For the purposes of section 38(3)(b)(ii) of the
Act, a rail transport operator must provide
the following with an application for
accreditation—
(a) a description of the nature, character
and scope of the rail transport operator's
proposed railway operations;
(b) the name and contact details of the
person making the application;
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(c) evidence of competence and capacity,
including—
(i) details of the knowledge, skills
and experience of the persons who
will be responsible for the
development, management and
maintenance of the SMS so that
those persons perform their
allocated tasks and discharge their
allocated responsibilities
effectively;
(ii) details about the resources and
systems that will be relied upon
by the rail transport operator to
carry out its railway operations
safely;
(d) documentary evidence that the rail
transport operator complies with
section 26 of the Act;
(e) documentary evidence that the rail
transport operator's SMS complies with
Division 4 of Part 3 of the Act;
(f) evidence to the satisfaction of the
Safety Director that the rail transport
operator has—
(i) the financial capacity; or
(ii) public risk insurance
arrangements—
to meet reasonable potential accident
liabilities arising from the carrying out
of the railway operations;
(g) information identifying potential risks
to the safety of railway operations that
may require the development of a
safety interface agreement;
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(h) if a rail transport operator is a rolling
stock operator, evidence of any
agreement with the rail transport
operator who controls the rail
infrastructure on which the rolling
stock operator wishes to operate
particular rolling stock;
(i) if any of the railway operations that the
applicant intends to carry out under the
accreditation are to be carried out by
any other person on behalf of the
applicant—
(i) the name and contact details of
each such person; and
(ii) details of the railway operations
that it is intended the person will
carry out on behalf of the
applicant.
(2) In addition, if the applicant under section 38
of the Act is not an individual, the applicant
must for the purposes of section 38(3)(b)(ii)
of the Act, provide evidence that the
application has been endorsed—
(a) if the applicant is a body corporate—
(i) that is a company within the
meaning of the Corporations
Act—in accordance with
section 127 of that Act; or
(ii) in any other case—by its
governing body; and
(b) if the applicant is a partnership—by
each partner; and
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(c) if the applicant is an unincorporated
association or body—by its governing
body.
Note
The application must also be accompanied by the
relevant fee: see section 38(3)(b)(i) of the Act.".
11 Combined applications for accreditation
Regulation 7 of the Principal Regulations is
revoked.
12 Ongoing notification of change of details
(1) In regulation 8 of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
(2) In the example at the foot of regulation 8(1) of the
Principal Regulations, for "accredited person"
(where twice occurring) substitute "accredited
rail transport operator".
13 New Divisions 1A and 1B of Part 2 inserted
After Division 1 of Part 2 of the Principal
Regulations insert—
"Division 1A—Exemptions
8A Information to be provided by applicants
under section 61B(2) of the Act
(1) An application for an exemption must
contain—
(a) the following details of the applicant—
(i) the applicant's name;
(ii) the applicant's residential address
or, in the case of a body corporate
or partnership, its registered
business address; and
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(b) if the applicant is a partnership—
(i) evidence of the partnership; and
(ii) the names of all partners at the
time of the application; and
(c) if the applicant is an unincorporated
body or association other than a
partnership—
(i) the certificate of business name or
other document that is evidence of
the existence of the applicant; and
(ii) the names of all members of the
committee of management of the
association or body at the time of
the application; and
(d) if the applicant is a company,
co-operative or incorporated
association—
(i) the certificate of incorporation;
and
(ii) the names of the directors at the
time of the application; and
(e) if the applicant is a body corporate
other than a company, co-operative or
incorporated association—
(i) a document that is evidence of the
existence of the applicant; and
(ii) the names of all office-bearers at
the time of the application; and
(f) the name and contact details of the
person or persons appointed by the
applicant—
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(i) to respond to any queries the
Safety Director may have in
relation to the application; and
(ii) to be responsible for the
exemption and to respond to any
queries that the Safety Director
may have in relation to the
exemption; and
(g) the specific designated provision from
which an exemption is sought; and
(h) if the applicant holds an accreditation,
details of that accreditation; and
(i) if the applicant holds a registration,
details of that registration.
(2) If a person applies for an exemption from a
designated provision and any part of the
railway operations in respect of which the
exemption is sought is intended to be carried
out by another person or persons, the
application must contain—
(a) the name and contact details of such a
person; and
(b) details of the railway operations that it
is intended that the person will carry
out on behalf of the applicant.
8B What an applicant must demonstrate
under section 61C of the Act
For the purposes of section 61C(b)(ii) of the
Act, an applicant must demonstrate that—
(a) the granting of the exemption will not
reduce the safety of the railway
operations in respect of which the
exemption is sought; and
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(b) the applicant has sufficient competence
and capacity to manage risks to safety
associated with the railway operations
in respect of which the exemption is
sought, having regard to the scale and
nature of the railway operations for
which the exemption is sought.
8C Exemption subject to conditions
For the purposes of section 61D(2) of the
Act, it is a condition of an exemption that the
rail transport operator must—
(a) keep a copy of the notification of the
exemption granted; and
(b) produce a copy of the exemptions,
together with any variation given under
section 61F or imposed under
section 61I, on the request of the Safety
Director; and
(c) notify the Safety Director if—
(i) the nature of the railway
operations for which an exemption
has been granted changes; or
(ii) the details specified in the
application for exemption change;
and
(d) notify the Safety Director immediately
after becoming aware that a railway
accident or incident has occurred.
8D Application for variation of an exemption
For the purposes of section 61E(3)(b) of the
Act, an application for a variation of an
exemption must contain—
(a) details of the scope and nature of the
proposed variation; and
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(b) details of the changes that will be made
to the applicant's scheme for the
management of risks to safety
associated with the railway operations
to be carried out if the proposed
variation occurs.
Division 1B—Registration of rail transport
operators of private sidings
8E Application for registration
(1) For the purposes of section 69D(2)(e) of the
Act, an application for registration must
contain—
(a) the following identification details of
the applicant—
(i) the applicant's name;
(ii) the applicant's registered business
name and trading name
(if different from the registered
business name);
(iii) if the applicant has an ACN, the
applicant's ACN or, in any other
case, the applicant's ABN;
(iv) the applicant's residential address
or, in the case of a body corporate,
registered business address; and
(b) the name and contact details of the
person or persons appointed by the
applicant—
(i) to respond to any queries that the
Safety Director may have in
relation to the application; and
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(ii) to be responsible for registration
and to respond to any queries that
the Safety Director may have in
relation to registration; and
(c) if any of the railway operations that the
applicant intends to carry out under the
registration are to be carried out by any
other person on behalf of the
applicant—
(i) the name and contact details of
each such person; and
(ii) details of the railway operations
that it is intended the person will
carry out on behalf of the
applicant; and
(d) copies of any safety interface
agreement to which the applicant is a
party.
(2) In addition, if an applicant under section 69D
of the Act is not an individual, the
application must, for the purposes of section
69D(2)(e) of the Act, contain evidence that
the application has been submitted to and
endorsed—
(a) if the applicant is a body corporate—
(i) that is a company within the
meaning of the Corporations
Act—in accordance with
section 127 of that Act; or
(ii) in any other case—by its
governing body; and
(b) if the applicant is a partnership—by
each partner; and
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(c) if the applicant is an unincorporated
association or body—by its governing
body.
(3) For the purposes of section 69D(2)(d)(i) of
the Act, if the private siding is to be
(or continue to be) connected with, or to
have access to, a railway of an accredited rail
transport operator, an application for
registration must contain the following
details of the accredited rail transport
operator—
(a) the operator's name;
(b) the operator's registered business name
and trading name (if different from the
registered business name);
(c) if the operator has an ACN, the
operator's ACN or, in any other case,
the operator's ABN;
(d) the operator's residential address or, in
the case of a body corporate, registered
business address.
(4) For the purposes of section 69D(2)(d)(ii) of
the Act, if the private siding is to be (or
continue to be) connected with, or to have
access to, another private siding, an
application for registration must contain the
following—
(a) details about the scale and complexity
of the other private siding;
(b) details about the extent of the railway
track layout and other rail infrastructure
of the other private siding;
(c) details about the railway operations to
be carried out in the other private
siding;
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(d) the name and contact details of the
owner of the other private siding.
8F Prescribed details for required
notification of granting or variation of
registration
(1) For the purposes of sections 69F(3)(b)(i) and
69H(2)(b)(i) of the Act, the prescribed
details of the applicant required to be
specified in the notification are the details
required by regulation 8A(1)(a).
(2) For the purposes of section 69F(3)(b)(ii) of
the Act, the prescribed details of the private
siding required to be specified in the
notification are details of—
(a) the location of the private siding; and
(b) the railway operations to be carried out
in the private siding.
8G Application for variation of registration
For the purposes of sections 69G(3)(b)
and 69J of the Act, an application for a
variation of a registration or an application
for a variation of a condition or restriction
imposed by the Regulator, must contain—
(a) details of the scope and nature of the
proposed variation; and
(b) details of the changes that will be made
to the applicant's scheme for the
management of risks to safety
associated with the railway operations
to be carried out in the private siding if
the proposed variation occurs; and
(c) details of any consultation that has
occurred with the parties who might be
affected by the proposed variation,
including—
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(i) who was consulted; and
(ii) when and how the consultation
occurred; and
(iii) the results of the consultation.".
14 Preparation and communication of an emergency
plan
(1) In regulation 9(1)(b) of the Principal Regulations,
for "rail operators" substitute "rail transport
operators".
(2) In regulation 9(2) and (3) of the Principal
Regulations, for "rail operator" substitute
"rail transport operator".
15 Matters to be included in an emergency plan
(1) In regulation 10(d) of the Principal Regulations,
for "rail operations" substitute "railway
operations".
(2) In regulation 10(e) of the Principal Regulations,
for "rail operator" substitute "rail transport
operator".
16 Keeping, maintaining and testing an emergency
plan
In regulation 11 of the Principal Regulations, for
"rail operator" (wherever occurring) substitute
"rail transport operator".
17 Review and revision of emergency plan
In regulation 12 of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
18 Content of a SMS for accredited rail operators
(1) In the heading to regulation 13 of the Principal
Regulations, for "rail operators" substitute
"rail transport operators".
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(2) In regulation 13 of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
19 Regulation 13A substituted
For regulation 13A of the Principal Regulations
substitute—
"13A Systems and arrangements for exempt rail
transport operators
(1) For the purposes of section 28B of the Act,
the systems and arrangements established by
a rail transport operator exempted under
Division 5A of Part 5 of the Act must
contain—
(a) information submitted by the rail
transport operator with the application
for exemption; and
(b) a copy of the exemption granted by the
Safety Director under section 61D of
the Act, including any conditions
imposed by the Safety Director; and
(c) a copy of any variation to the
exemption granted by the Safety
Director under section 61F of the Act,
including any conditions imposed by
the Safety Director.
(2) For the purposes of section 28B of the Act,
the systems and arrangements established by
a rail transport operator exempted under
section 69B of the Act must contain the
matters and information contained in
Schedule 3.".
20 Review and revision
In regulation 14 of the Principal Regulations, for
"rail operator" (wherever occurring) substitute
"rail transport operator".
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21 Review and revision of systems and arrangements
for exempt rail operators
(1) In the heading to regulation 14A of the Principal
Regulations, for "exempt rail operators"
substitute "registered rail transport operators
of private sidings".
(2) In regulation 14A(1) of the Principal Regulations,
for "An exempt rail operator" substitute "A rail
transport operator who is registered under
section 69F of the Act".
(3) In regulation 14A(2) of the Principal Regulations,
for "An exempt rail operator" substitute "A rail
transport operator who is registered under
section 69F of the Act".
(4) In regulation 14A(3) of the Principal Regulations,
for "The exempt rail operator" substitute
"The rail transport operator who is registered
under section 69F of the Act".
22 Provision of SMS to Safety Director
In regulation 15(1) and (2) of the Principal
Regulations, for "accredited rail operator"
substitute "accredited rail transport operator".
23 Copies of SMS to be kept
In regulation 16 of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
24 Copies of safety interface agreements to be kept
available to public
In regulation 16A of the Principal Regulations, for
"rail operator" (where twice occurring) substitute
"rail transport operator".
25 Copies of system and arrangements to be kept
In regulation 16B of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
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26 Preliminary breath test devices
(1) In regulation 19 of the Principal Regulations, for
"section 77" substitute "section 84".
(2) In regulation 19(d) of the Principal Regulations,
for "Alcolizer LE." substitute "Alcolizer LE;
and".
(3) In regulation 19 of the Principal Regulations, after
paragraph (d) insert—
"(e) AlcoQuant 6020.".
27 Procedure for breath analysis
In regulation 20 of the Principal Regulations, for
"section 78(4)" substitute "section 85(7)".
28 Procedure after taking blood samples
(1) In regulation 22(2) of the Principal Regulations,
for "section 78" substitute "section 85".
(2) In regulation 22(3) of the Principal Regulations,
for "section 82" substitute "section 86H".
29 Certificate under section 78(5)
(1) In the heading to regulation 23 of the Principal
Regulations, for "section 78(5)" substitute
"section 85(8)".
(2) In regulation 23 of the Principal Regulations, for
"section 78(5)" substitute "section 85(8)".
30 Particulars of a report of assessment of drug
impairment
(1) In regulation 24 of the Principal Regulations, for
"section 80(6)" substitute "section 86D(7)".
(2) In regulation 24(e) of the Principal Regulations,
for "section 77" substitute "section 83".
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31 Certificate under section 83(5)
(1) In the heading to regulation 25 of the Principal
Regulations, for "section 83(5)" substitute
"section 86I(5)".
(2) In regulation 25 of the Principal Regulations, for
"section 83(5)" substitute "section 86I(5)".
32 Certificate under section 83(6)
(1) In the heading to regulation 26 of the Principal
Regulations, for "section 83(6)" substitute
"section 86I(6)".
(2) In regulation 26 of the Principal Regulations, for
"section 83(6)" substitute "section 86I(6)".
(3) In regulation 26(a) of the Principal Regulations,
for "section 83" substitute "section 86I".
33 Certificate under section 83(7)
(1) In the heading to regulation 27 of the Principal
Regulations, for "section 83(7)" substitute
"section 86I(7)".
(2) In regulation 27 of the Principal Regulations, for
"section 83(7)" substitute "section 86I(7)".
(3) In regulation 27(a) of the Principal Regulations,
for "section 83" substitute "section 86I".
34 Certificate under section 83(8)
(1) In the heading to regulation 28 of the Principal
Regulations, for "section 83(8)" substitute
"section 86I(8)".
(2) In regulation 28 of the Principal Regulations, for
"section 83(8)" substitute "section 86I(8)".
(3) In regulation 28(a) of the Principal Regulations,
for "section 83" substitute "section 86I".
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35 New regulations 29 to 34 substituted
For regulations 29 to 34 of the Principal
Regulations substitute—
"29 Devices prescribed for the purposes of
oral fluid analysis and drug screening
tests
For the purposes of the definitions of drug
screening test and oral fluid analysis in
section 70 of the Act, the following devices
are prescribed—
(a) the oral fluid testing device known as
the SECURETEC DRUGWIPE TWIN
or the SECURETEC DRUGWIPE II
TWIN;
(b) the oral fluid testing device known as
the SECURETEC DRUGWIPE II
TWIN COMBO;
(c) the oral fluid testing device known as
the Cozart RapiScan;
(d) the oral fluid screening device known
as the Medvet Oral7;
(e) the oral fluid screening device known
as the Ultrasal-2 Saliva Collection
Device;
(f) the oral fluid analysis device known as
the Thermo TSQ Quantum Ultra;
(g) the oral fluid analysis device known as
the Thermo TSQ Quantum Access;
(h) the oral fluid analysis device known as
the Thermo LTQ Orbitrap Discovery;
(i) the oral fluid analysis device known as
the AB Sciex QTrap 5500.
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30 Procedure for carrying out oral fluid
analysis or drug screening tests
For the purposes of a drug screening test or
oral fluid analysis under section 86A of the
Act, a transport safety officer or a police
officer who conducts the test or analysis
must—
(a) provide a fresh oral fluid collection unit
for use by a person required to submit
to the drug screening test or oral fluid
analysis; and
(b) use only an oral fluid collection unit
that has been kept in a sealed container
until it is given to that person; and
(c) test or analyse any oral fluid sample
produced by that person by using the
device, or the oral fluid testing unit that
is part of the device through which the
sample was provided.
31 Procedure after taking oral fluid sample
A transport safety officer or a police officer
who is provided a sample of oral fluid by a
person under a requirement under
section 86A of the Act must ensure that the
sample or, if the sample is broken into parts,
each part of the sample has attached to it a
label bearing—
(a) the name and signature of the police
officer to whom the oral fluid sample
was provided; and
(b) the date and time the sample was
provided; and
(c) the name of the person who provided
the sample or, if the name of the person
is not known, sufficient information to
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enable the sample to be identified with
the person who provided the sample.
32 Certificate under section 86J(5)
A certificate for the purposes of section
86J(5) of the Act must contain the following
particulars—
(a) a statement by the registered medical
practitioner or approved health
professional that the requirements of
these Regulations for the taking of
blood samples have been complied
with;
(b) the name of the person from whom the
oral fluid sample was taken;
(c) the time and date the oral fluid sample
was taken;
(d) the name and signature of the registered
medical practitioner or approved health
professional who took the oral fluid
sample.
33 Certificate under section 86J(6)
A certificate under section 86J(6) of the Act
must, in addition to a statement as to the
presence of a drug in that sample of oral
fluid, contain the following particulars—
(a) a statement by the analyst that he or she
is an approved analyst within the
meaning of section 86J of the Act;
(b) a statement as to the method of analysis
used;
(c) the name and signature of the analyst;
(d) the date on which the analysis was
conducted;
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(e) a description of the contents of the
identification label referred to in
regulation 31 that was attached to the
part of the oral fluid received for
analysis.
33A Certificate under section 86J(7)
A certificate under section 86J(7) of the Act
must contain the following particulars—
(a) a statement by the approved expert that
he or she is an approved expert within
the meaning of section 86J of the Act;
(b) a statement as to the usual effect of a
specified substance or substances on
behaviour when consumed or used
(including its effect on a person's ability
to carry out rail safety work properly);
(c) the name and signature of the approved
expert.
34 Duty to provide indicative positive results
to Safety Director
(1) A rail transport operator must, within
48 hours after becoming aware, notify the
Safety Director if a rail safety worker
carrying out rail safety work for the rail
transport operator has undergone a
preliminary breath test, drug screening test or
an assessment of drug impairment and the
test statement indicates or shows a positive
result.
Penalty: 10 penalty units.
(2) A notification under subregulation (1) must
contain a statement of action specifying the
response and proposed action to be taken by
the rail transport operator against the rail
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safety worker as a consequence of the
positive test result.
(3) A notification under subregulation (1) must
be in writing and must be in an approved
form.
(4) In this regulation, positive result means—
(a) if the rail safety worker has undergone
a preliminary breath test, the test
indicates that the rail safety worker's
breath contains alcohol; or
(b) if the rail safety worker has undergone
a drug screening test, the test shows
that the rail safety worker may have a
prescribed drug present in his or her
oral fluid or blood; or
(c) if the rail safety worker has undergone
an assessment of drug impairment, the
assessment indicates that the rail safety
worker may be impaired by a drug.".
36 Rail transport operator to ensure workers are fit to
carry out rail safety work
(1) In the heading to regulation 35 of the Principal
Regulations, for "Rail operator" substitute "Rail
transport operator".
(2) In regulation 35 of the Principal Regulations—
(a) for "rail operator" (where three times
occurring) substitute "rail transport
operator";
(b) for "rail infrastructure operations or rolling
stock operations" substitute "railway
operations".
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37 Fatigue management
In regulation 36(1) and (3) of the Principal
Regulations, for "rail operator" (wherever
occurring) substitute "rail transport operator".
38 Health assessments
(1) In regulation 37(1) of the Principal Regulations—
(a) for "rail operator" substitute "rail transport
operator";
(b) omit "volumes 1 and 2".
(2) In regulation 37(3) and (4) of the Principal
Regulations, for "rail operator" (wherever
occurring) substitute "rail transport operator".
39 Competence of rail safety workers
In regulation 38(1) and (2) of the Principal
Regulations, for "rail operator" substitute
"rail transport operator".
40 Assessment of rail safety worker competence
(1) For regulation 39(1) and (2) of the Principal
Regulations substitute—
"(1) A rail transport operator must assess, or
cause to be assessed, the competence of each
rail safety worker who is employed or
engaged by the rail transport operator—
(a) in accordance with—
(i) the provisions of the AQTF and
any qualifications and units of
competence recognised under the
AQF applicable to that rail safety
worker; or
(ii) if subparagraph (i) does not apply,
in accordance with any
qualification or competence
recognised by the rail industry and
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approved by the Safety Director;
and
(b) by reference to the actual knowledge,
experience and skills required for the
particular rail safety work to be carried
out safely.
(2) The Safety Director must publish a notice in
the Government Gazette of any competence
approved under subregulation (1)(a)(ii).".
(2) In regulation 39(3) of the Principal Regulations,
for "rail operator" (where twice occurring)
substitute "rail transport operator".
41 Records of competence and training
In regulation 40 of the Principal Regulations, for
"rail operator" substitute "rail transport operator".
42 Safety director may specify notifiable accident or
incident or notifiable circumstance
In regulation 42(3) of the Principal Regulations,
for "rail operator" substitute "rail transport
operator".
43 Duty to notify railway accidents or incidents
In regulation 43(1) and (2) of the Principal
Regulations, for "An accredited rail operator"
substitute "An accredited rail transport operator".
44 Duty to notify notifiable circumstances
In regulation 44 of the Principal Regulations—
(a) for "rail operator" (where twice occurring)
substitute "rail transport operator";
(b) for "rail operations" substitute "railway
operations".
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45 Investigation report
In regulation 45(1), (2), (3) and (4) of the
Principal Regulations, for "accredited rail
operator" (wherever occurring) substitute
"accredited rail transport operator".
46 Monthly reports
In regulation 46(1) and (3) of the Principal
Regulations, for "rail operator" substitute
"rail transport operator".
47 Regulation 46A substituted
For regulation 46A of the Principal Regulations
substitute—
"46A Notification to Safety Director of certain
decisions or changes
(1) This regulation applies to decisions of, or
changes made by, an accredited rail transport
operator that are within the scope of that
operator's accreditation and that are not the
subject of an application for a variation of
the accreditation under section 53 or 54 of
the Act.
(2) An accredited rail transport operator must
notify the Safety Director, in writing, of any
decision or change specified in column 2 of
the Table within the time frame specified in
column 3 of the Table opposite that decision
or change.
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Table
Column 1 Column 2
Column 3
Item
Decision, event or
change
When notification
must be given
1
A decision to
design or construct,
or to commission
the design or
construction of,
rolling stock or
new railway tracks.
As soon as is
reasonably
practicable after
the decision is
made.
2
The introduction
into service of
rolling stock of a
type not previously
operated by the
operator, or the
re-introduction into
service of rolling
stock not currently
operated by the
operator.
At least 28 days
before the date the
operator intends to
introduce or
re-introduce the
rolling stock into
service.
3
A change to a
safety critical
element of existing
rolling stock.
At least 28 days
before the date the
operator intends to
bring the change
into operation.
4
A change to one or
more of the classes
of rail
infrastructure used
in the operator's
railway operations.
At least 28 days
before the date the
operator intends to
introduce the new
class of rail
infrastructure into
service.
5
A change to a
safety standard for
the design of rail
infrastructure or
rolling stock.
At least 28 days
before the date the
operator intends to
adopt the change.
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Column 1 Column 2
Column 3
Item
Decision, event or
change
When notification
must be given
6
The decision to
adopt a new safety
standard for the
design of rail
infrastructure or
rolling stock.
At least 28 days
before the date the
operator intends to
adopt the new
standard.
7
A change to the
frequency of, or
procedures for, the
inspection or
maintenance of
railway
infrastructure or
rolling stock.
At least 28 days
before the date the
operator intends to
bring the change
into effect.
8
A decision to
change any work
scheduling
practices and
procedures set out
in the operator's
fatigue risk
management
program.
At least 28 days
before the date the
operator intends to
bring the change
into effect.
9
The replacement,
or a change in the
contact details of
any person
appointed under
regulation 6(1)(b).
As soon as is
reasonably
practicable after it
is known the
replacement or
change will occur.
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Column 1 Column 2
Column 3
Item
Decision, event or
change
When notification
must be given
10
A change in the
operator's name or
residential address,
or the operator's
business or trading
name, or in the
case of a body
corporate, a change
in the name or
registered business
address of the body
corporate.
As soon as is
reasonably
practicable after
the change is made.
(3) It is a condition of accreditation that an
accredited rail transport operator complies
with subregulation (2).".
48 Exemptions from reporting requirements
In regulation 47(1) of the Principal Regulations,
for "An accredited tourist and heritage railway
operator" substitute "A tourist and heritage
railway operator".
49 Duty to preserve accident or incident site
In regulation 48(1) and (2) of the Principal
Regulations, for "rail operator" substitute
"rail transport operator".
50 Annual reviews and reports
(1) In regulation 49(1) of the Principal Regulations—
(a) for "rail operator" substitute "rail transport
operator";
(b) for "rail operator's" substitute "rail transport
operator's";
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(c) for "rail operations" substitute "railway
operations";
(d) for "its" substitute "the operator's".
(2) In regulation 49(1A) of the Principal Regulations,
for "rail operator" substitute "rail transport
operator".
(3) In regulation 49(2) of the Principal Regulations—
(a) for "rail operator" substitute "rail transport
operator";
(b) for "rail operator's" (where twice occurring)
substitute "rail transport operator's".
(4) In regulation 49(3A) of the Principal Regulations,
for "rail operator" (where twice occurring)
substitute "rail transport operator".
51 Accreditation application fee
(1) In regulation 50(1) of the Principal Regulations,
for "rail infrastructure manager" substitute "rail
transport operator".
(2) Regulation 50(2) of the Principal Regulations is
revoked.
52 Fee for temporary accreditation
In regulation 51(2) of the Principal Regulations,
for "rail operator" substitute "rail transport
operator".
53 Regulation 52 substituted
For regulation 52 of the Principal Regulations
substitute—
"52 Fee for registration of a private siding
The fee that must accompany an application
for registration of a private siding under
section 69D of the Act is the fee set out in
item 3 of the Table in Schedule 1.".
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54 Accreditation fee
(1) In regulation 53(1) of the Principal Regulations,
for "rail infrastructure manager and an accredited
rolling stock operator" substitute "rail transport
operator".
(2) In regulation 53(2) of the Principal Regulations,
for "An accredited tourist and heritage railway
operator" substitute "A tourist and heritage
railway operator who is accredited".
55 Annual fees
(1) In regulation 54(1) of the Principal Regulations,
for "rail infrastructure manager and an accredited
rolling stock operator" substitute "rail transport
operator".
(2) In regulation 54(2) of the Principal Regulations,
for "An accredited tourist and heritage railway
operator" substitute "A tourist and heritage
railway operator who is accredited".
56 New regulation 54A inserted
After regulation 54 of the Principal Regulations
insert—
"54A Exemption from fees
(1) A rail transport operator may apply to the
Safety Director for waiver of a fee payable
under this Part.
(2) The Safety Director may waive all or any
part of any fee payable under this Part.".
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57 Schedule 1 amended
(1) In Schedule 1 to the Principal Regulations, after
item 2 insert—
"
2A.
Exemption
Fee for application for an
exemption
0
8A
".
(2) In Schedule 1 to the Principal Regulations, for
item 3 substitute—
"
3.
Fee for registration of a private
siding
Fee to accompany an
application for registration of a
private siding
50
52
".
(3) In Schedule 1 to the Principal Regulations, for
item 4(c) substitute—
"
(c) In the case of a tourist and
heritage railway operator
0
".
(4) In Schedule 1 to the Principal Regulations, for
item 5(c) substitute—
"
(c) a tourist and heritage
railway operator
0
".
58 Schedule 2 amended
(1) In the heading to Schedule 2 to the Principal
Regulations, for "RAIL OPERATOR"
substitute "RAIL TRANSPORT
OPERATOR".
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(2) In Schedule 2 to the Principal Regulations, in
item 1.1, for "rail operator" substitute "rail
transport operator".
(3) In Schedule 2 to the Principal Regulations, in
item 2.1—
(a) for "rail operator" (wherever occurring)
substitute "rail transport operator";
(b) for "rail operations" (wherever occurring)
substitute "railway operations".
(4) In Schedule 2 to the Principal Regulations, in
item 2.2—
(a) for "rail operator" substitute "rail transport
operator";
(b) for "rail operations" substitute "railway
operations".
(5) In Schedule 2 to the Principal Regulations, in
item 4.1, for "rail operations" substitute "railway
operations".
(6) In Schedule 2 to the Principal Regulations, in
item 5.1, for "rail operations" substitute "railway
operations".
(7) In Schedule 2 to the Principal Regulations, in
item 5.3, for "rail operator" substitute "rail
transport operator".
(8) In Schedule 2 to the Principal Regulations, in
items 6.2 and 6.4, for "rail operator" substitute
"rail transport operator".
(9) In Schedule 2 to the Principal Regulations, in
item 7.1, for "rail operations" substitute "railway
operations".
(10) In Schedule 2 to the Principal Regulations, in
items 7.3 and 7.4, for "rail operator" substitute
"rail transport operator".
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(11) In Schedule 2 to the Principal Regulations, in
item 8.1, for "rail operations" substitute "railway
operations".
(12) In Schedule 2 to the Principal Regulations, in
item 8.3, for "rail operator" substitute "rail
transport operator".
(13) In Schedule 2 to the Principal Regulations, in
item 8.5(a), for "rail operations" substitute
"railway operations".
(14) In Schedule 2 to the Principal Regulations, in
items 9.1 and 9.3, for "rail operator" substitute
"rail transport operator".
(15) In Schedule 2 to the Principal Regulations, in
item 10.1, for "rail operator" substitute "rail
transport operator".
(16) In Schedule 2 to the Principal Regulations, in
item 11—
(a) for "rail operations" (wherever occurring)
substitute "railway operations";
(b) for "rail operator" (wherever occurring)
substitute "rail transport operator".
(17) In Schedule 2 to the Principal Regulations, in
item 12.1, for "rail operations" substitute
"railway operations".
(18) In Schedule 2 to the Principal Regulations, in
items 12.3 and 12.4, for "rail operator" substitute
"rail transport operator".
(19) In Schedule 2 to the Principal Regulations, in
item 13—
(a) for "rail operations" (wherever occurring)
substitute "railway operations";
(b) for "rail operator" (where twice occurring)
substitute "rail transport operator".
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(20) In Schedule 2 to the Principal Regulations, in
item 14, for "rail operator's" substitute "rail
transport operator's".
(21) In Schedule 2 to the Principal Regulations, in
item 15.1—
(a) for "rail operator" (wherever occurring)
substitute "rail transport operator";
(b) for "rail operations" substitute "railway
operations".
(22) In Schedule 2 to the Principal Regulations, in
item 15.2, for "rail operator's" substitute "rail
transport operator's".
(23) In Schedule 2 to the Principal Regulations, in
items 16.2 and 16.5, for "rail operator" substitute
"rail transport operator".
(24) In Schedule 2 to the Principal Regulations, in
item 17, for "rail operator" substitute "rail
transport operator".
(25) In Schedule 2 to the Principal Regulations, in
item 18, for "rail operator" substitute "rail
transport operator".
(26) In Schedule 2 to the Principal Regulations, in
item 20.1—
(a) for "rail operator" substitute "rail transport
operator";
(b) for "rail operations" substitute "railway
operations".
(27) In Schedule 2 to the Principal Regulations, in
item 20.2, for "rail operations" substitute
"railway operations".
(28) In Schedule 2 to the Principal Regulations, in
item 22.1, for "rail operator" substitute "rail
transport operator".
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(29) In Schedule 2 to the Principal Regulations, in
item 22.4, for "rail operator" substitute "rail
transport operator".
(30) In Schedule 2 to the Principal Regulations, in
item 22.5—
(a) for "rail operator" substitute "rail transport
operator";
(b) for "rail operator's" substitute "rail transport
operator's".
(31) In Schedule 2 to the Principal Regulations, in
item 22.6, for "rail operations" substitute
"railway operations".
(32) In Schedule 2 to the Principal Regulations, in
item 24.1—
(a) for "rail operations" substitute "railway
operations";
(b) for "rail operator" substitute "rail transport
operator".
(33) In Schedule 2 to the Principal Regulations, in
item 24.2, for "rail operator" substitute "rail
transport operator".
59 Schedule 3 amended
(1) In the heading to Schedule 3 to the Principal
Regulations, for "AN EXEMPT RAIL
OPERATOR" substitute "A REGISTERED
RAIL TRANSPORT OPERATOR OF A
PRIVATE SIDING".
(2) In Schedule 3 to the Principal Regulations, in
item 1.1—
(a) for "rail operations" substitute "railway
operations";
(b) for "rail operator" substitute "rail transport
operator".
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(3) In Schedule 3 to the Principal Regulations, in
item 1.2, for "rail operator" substitute "rail
transport operator".
(4) In Schedule 3 to the Principal Regulations, in
item 2.2, for "rail operator" substitute "rail
transport operator".
(5) In Schedule 3 to the Principal Regulations, in
item 3, for "rail operator" substitute "rail
transport operator".
═══════════════
37
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Endnotes
S.R. No. 30/2014
ENDNOTES
1
Reg. 4: S.R. No. 96/2006. Reprint No. 1 incorporating amendments as at
17 May 2012. Reprinted to S.R. No. 113/2011.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of regulation 5 of the Subordinate Legislation
Regulations 2004.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 7(d)
which substitutes the
definition of health
assessment national
standard in
regulation 4 of the
Principal Regulations
National Standard for Health
Assessment of Rail Safety
Workers published by the
National Transport
Commission in October 2012
The whole
38