Transport Legislation Amendment (Rail Safety Local Operations and ...

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Clause 31 Clause 32 Clause 33 Clause 34 makes consequential amendments to section 27 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria) and to make the penalties for offences the same as the penalty for equivalent offences in the Rail Safety National Law (Victoria). Clause 31(3) substitutes a new penalty at the foot of section 27(1), which provides that an accredited rail transport operator must have a safety management system in place. The new penalty is $150 000 for a natural person or $1 500 000 for a body corporate. makes consequential amendments to section 28 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria) and to make the penalties for offences the same as the penalty for equivalent offences in the Rail Safety National Law (Victoria). Clause 32(3) substitutes a new penalty at the foot of section 28(1), which provides that an accredited rail transport operator must comply with a safety management system. The new penalty is $150 000 for a natural person or $1 500 000 for a body corporate. makes a consequential amendment to section 28A of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). makes consequential amendments to section 28B of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). Clause 34(3)(b) amends section 28B(1) by replacing the reference to "section 63" with a reference to "Division 5A of Part 5 or section 69B". Division 5A of Part 5 is inserted by clause 81 of this Bill. The Division sets out the process that certain rail transport operators (for example private siding operators or tourist and heritage railway operators) must follow when applying for an exemption from accreditation, as well as the requirements which must be met to obtain an exemption. New section 69B is inserted by clause 88 of this Bill and provides for exemption from accreditation in respect of certain private sidings. 16
The insertion of the new provisions makes current section 63, which provides for accreditation exemptions for private siding operators, redundant and as a consequence it is being repealed by clause 83 of this Bill. Clause 34(4) inserts new section 28B(5), which provides that a rail transport operator who holds an exemption under Division 5A of Part 5 or section 69B must comply with the system and arrangements established by the rail transport operator under this section. A penalty of $150 000 for a natural person or $1 500 000 for a body corporate applies. Clause 35 makes a consequential amendment to section 29 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). Clause 36 makes consequential amendments to sections 30(1), (2) and (3) of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). Clause 37 makes a consequential amendment to the heading to Part 4 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). Clause 38 makes a consequential amendment to the heading to Division 1 of Part 4 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). Clause 39 Clause 40 Clause 41 makes consequential amendments to section 33 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). repeals several definitions in section 33A(1) of the Rail Safety Act 2006. Clause 40(b) repeals the definitions of rail land, Rail Track, road authority, works contractor and works manager. These definitions have been moved to the general definitions section in section 3 of the Rail Safety Act 2006. makes consequential changes to section 34 of the Rail Safety Act 2006 to adopt terminology used in the Rail Safety National Law (Victoria). 17
Page 1 and 2: Transport Legislation Amendment (Ra
Page 3 and 4: Part 3 makes consequential changes
Page 5 and 6: Clause 5(1)(b) inserts the followin
Page 7 and 8: Clause 5(1)(h) substitutes the defi
Page 9 and 10: Clause 8(3) inserts new section 6(g
Page 11 and 12: Clause 19 makes a consequential ame
Page 13 and 14: that any design, construction, comm
Page 15: Clause 26(2) substitutes a new pena
Page 19 and 20: determine measures to manage the ri
Page 21 and 22: Clause 53 Clause 54 Clause 55 makes
Page 23 and 24: Clause 61 Clause 62 Clause 63 Claus
Page 25 and 26: in the event of an incident occurri
Page 27 and 28: Clause 78 Clause 79 Clause 80 makes
Page 29 and 30: New section 61D(1) provides that su
Page 31 and 32: New section 61E(2) provides that a
Page 33 and 34: if the Safety Director, by written
Page 35 and 36: New section 61J(2) provides that th
Page 37 and 38: Clause 87 Clause 88 makes consequen
Page 39 and 40: New section 69D(4) provides that th
Page 41 and 42: if the Safety Director, by written
Page 43 and 44: New section 69H(3) provides that in
Page 45 and 46: conditions, or to comply with the r
Page 47 and 48: must consider any representations m
Page 49 and 50: New section 69Q(2) provides that (2
Page 51 and 52: ail safety worker charged with the
Page 53 and 54: at a reasonable time, having regard
Page 55 and 56: the concentration of alcohol indica
Page 57 and 58: a person authorised to carry out th
Page 59 and 60: in the case of an offence under sec
Page 61 and 62: conduct on him or her a preliminary
Page 63 and 64: New section 85(8) provides that as
Page 65 and 66: New section 86(3) provides that a d
Page 67 and 68:
a rail safety worker whom he or she
Page 69 and 70:
a certificate purporting to be sign
Page 71 and 72:
New section 86E(1) provides that se
Page 73 and 74:
New section 86G(5) provides that if
Page 75 and 76:
for the purposes of section 86I; or
Page 77 and 78:
concentration of alcohol expressed
Page 79 and 80:
there is a reasonable possibility t
Page 81 and 82:
properly qualified analyst means—
Page 83 and 84:
New section 86J(10) provides that a
Page 85 and 86:
the fact that the certificate is id
Page 87 and 88:
that, in relation to the breath ana
Page 89 and 90:
New section 98(2) specifies the fol
Page 91 and 92:
Clause 94(3) provides that, in dete
Page 93 and 94:
Clause 99 makes consequential amend
Page 95 and 96:
Clause 107(e) inserts the words "(L
Page 97 and 98:
Clause 123 makes a consequential am
Page 99 and 100:
New section 52C states what an appl
Page 101 and 102:
New section 52E(1) provides that an
Page 103 and 104:
if the Safety Director, by written
Page 105 and 106:
evoke the exemption with immediate
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