Rail Safety Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Rail Safety Amendment Regulations 2014 S.R. No. 30/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 4 Principal Regulations 2 5 Title of Rail Safety Regulations 2006 amended 2 6 Objective of Principal Regulations amended 2 7 Definitions 2 8 Scope of the meaning of rail safety work 3 9 Director of Public Transport exempt 3 10 Application for accreditation 3 11 Combined applications for accreditation 6 12 Ongoing notification of change of details 6 13 New Divisions 1A and 1B of Part 2 inserted 6 Division 1A—Exemptions 6 8A Information to be provided by applicants under section 61B(2) of the Act 6 8B What an applicant must demonstrate under section 61C of the Act 8 8C Exemption subject to conditions 9 8D Application for variation of an exemption 9 Division 1B—Registration of rail transport operators of private sidings 10 8E Application for registration 10 8F Prescribed details for required notification of granting or variation of registration 13 8G Application for variation of registration 13 14 Preparation and communication of an emergency plan 14 15 Matters to be included in an emergency plan 14 16 Keeping, maintaining and testing an emergency plan 14 17 Review and revision of emergency plan 14 18 Content of a SMS for accredited rail operators 14 19 Regulation 13A substituted 15 13A Systems and arrangements for exempt rail transport operators 15 -- 1 of 41 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 20 Review and revision 15 21 Review and revision of systems and arrangements for exempt rail operators 16 22 Provision of SMS to Safety Director 16 23 Copies of SMS to be kept 16 24 Copies of safety interface agreements to be kept available to public 16 25 Copies of system and arrangements to be kept 16 26 Preliminary breath test devices 17 27 Procedure for breath analysis 17 28 Procedure after taking blood samples 17 29 Certificate under section 78(5) 17 30 Particulars of a report of assessment of drug impairment 17 31 Certificate under section 83(5) 18 32 Certificate under section 83(6) 18 33 Certificate under section 83(7) 18 34 Certificate under section 83(8) 18 35 New regulations 29 to 34 substituted 19 29 Devices prescribed for the purposes of oral fluid analysis and drug screening tests 19 30 Procedure for carrying out oral fluid analysis or drug screening tests 20 31 Procedure after taking oral fluid sample 20 32 Certificate under section 86J(5) 21 33 Certificate under section 86J(6) 21 33A Certificate under section 86J(7) 22 34 Duty to provide indicative positive results to Safety Director 22 36 Rail transport operator to ensure workers are fit to carry out rail safety work 23 37 Fatigue management 24 38 Health assessments 24 39 Competence of rail safety workers 24 40 Assessment of rail safety worker competence 24 41 Records of competence and training 25 42 Safety director may specify notifiable accident or incident or notifiable circumstance 25 43 Duty to notify railway accidents or incidents 25 44 Duty to notify notifiable circumstances 25 45 Investigation report 26 46 Monthly reports 26 47 Regulation 46A substituted 26 46A Notification to Safety Director of certain decisions or changes 26 48 Exemptions from reporting requirements 29 49 Duty to preserve accident or incident site 29 50 Annual reviews and reports 29 -- 2 of 41 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel 51 Accreditation application fee 30 52 Fee for temporary accreditation 30 53 Regulation 52 substituted 30 52 Fee for registration of a private siding 30 54 Accreditation fee 31 55 Annual fees 31 56 New regulation 54A inserted 31 54A Exemption from fees 31 57 Schedule 1 amended 32 58 Schedule 2 amended 32 59 Schedule 3 amended 36 ═══════════════ ENDNOTES 38 -- 3 of 41 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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. -- 4 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 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 2006 1 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"; r. 2 -- 5 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (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; r. 8 -- 6 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (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; r. 10 -- 7 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (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 r. 10 -- 8 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (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 r. 11 -- 9 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel (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— r. 13 -- 10 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel (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 r. 13 -- 11 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel (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 r. 13 -- 12 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 10 Authorised by the Chief Parliamentary Counsel (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 r. 13 -- 13 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 11 Authorised by the Chief Parliamentary Counsel (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 r. 13 -- 14 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 12 Authorised by the Chief Parliamentary Counsel (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; r. 13 -- 15 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 13 Authorised by the Chief Parliamentary Counsel (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— r. 13 -- 16 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 14 Authorised by the Chief Parliamentary Counsel (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". r. 14 -- 17 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 15 Authorised by the Chief Parliamentary Counsel (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". r. 19 -- 18 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 16 Authorised by the Chief Parliamentary Counsel 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". r. 21 -- 19 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 17 Authorised by the Chief Parliamentary Counsel 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". r. 26 -- 20 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 18 Authorised by the Chief Parliamentary Counsel 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". r. 31 -- 21 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 19 Authorised by the Chief Parliamentary Counsel 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. r. 35 -- 22 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 20 Authorised by the Chief Parliamentary Counsel 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 r. 35 -- 23 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 21 Authorised by the Chief Parliamentary Counsel 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; r. 35 -- 24 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 22 Authorised by the Chief Parliamentary Counsel (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 r. 35 -- 25 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 23 Authorised by the Chief Parliamentary Counsel 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". r. 36 -- 26 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 24 Authorised by the Chief Parliamentary Counsel 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 r. 37 -- 27 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 25 Authorised by the Chief Parliamentary Counsel 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". r. 41 -- 28 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 26 Authorised by the Chief Parliamentary Counsel 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. r. 45 -- 29 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 27 Authorised by the Chief Parliamentary Counsel 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. r. 47 -- 30 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 28 Authorised by the Chief Parliamentary Counsel 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. r. 47 -- 31 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 29 Authorised by the Chief Parliamentary Counsel 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"; r. 48 -- 32 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 30 Authorised by the Chief Parliamentary Counsel (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.". r. 51 -- 33 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 31 Authorised by the Chief Parliamentary Counsel 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.". r. 54 -- 34 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 32 Authorised by the Chief Parliamentary Counsel 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". r. 57 -- 35 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 33 Authorised by the Chief Parliamentary Counsel (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". r. 58 -- 36 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 34 Authorised by the Chief Parliamentary Counsel (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". r. 58 -- 37 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 35 Authorised by the Chief Parliamentary Counsel (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". r. 58 -- 38 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 36 Authorised by the Chief Parliamentary Counsel (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". r. 59 -- 39 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 37 Authorised by the Chief Parliamentary Counsel (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". ═══════════════ r. 59 -- 40 of 41 -- S.R. No. 30/2014 Rail Safety Amendment Regulations 2014 38 Authorised by the Chief Parliamentary Counsel 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 Endnotes -- 41 of 41 --