Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendment of the Rail Safety National Law Application Act 2013 3 Division 1—General 3 4 Definitions—Principal Act 3 5 Section 4 repealed 3 6 Application of Rail Safety National Law 3 7 Interpretation of certain expressions 3 8 Section 9 repealed 4 9 Exclusion of legislation of this jurisdiction 4 10 Part 3 repealed 4 11 Division 1 of Part 4 repealed 4 12 New Division 1A of Part 4 inserted 5 13 Divisions 3 and 4 of Part 4 repealed 6 14 Division 7 of Part 4 substituted 6 15 Division 5 of Part 7 repealed 6 16 Section 157 repealed 6 Division 2—Alcohol and drug controls for rail safety workers 7 17 New Part 4A inserted 7 18 Regulations 60 Division 3—Savings and transitionals 63 19 New Part 8 inserted 63 Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 104 20 Purpose 104 21 Definitions 104 22 Entry into bus premises, marine premises or bus or boarding vessel 107 -- 1 of 153 -- Section Page ii Authorised by the Chief Parliamentary Counsel 23 Notification of entry 107 24 General powers on entry or boarding 108 25 Directions powers as to operation and movement of vehicles 109 26 Magistrates' Court may extend period of detention of vessel 110 27 Persons assisting transport safety officers 110 28 Use of electronic equipment 110 29 Use of equipment to examine or process things 111 30 Securing a site or restricting access to bus or vessel 111 31 Directions for the protection of evidence 111 32 Search warrants 111 33 Seizure of things not mentioned in the warrant 112 34 Announcement before entry or boarding on warrant 112 35 Copy of warrant to be given to person with control or management of place, bus or vessel 112 36 Power to require production of documents, devices or other things and answers to questions 112 37 Sections 23 and 25 amended 113 38 Securing seized things 113 39 Receipt for seized things 113 40 Forfeiture of seized things 113 41 Return of seized things 113 42 Sections 36 and 37 amended 114 43 Compensation 114 44 Sections 39, 40 and 41 amended 114 45 Direction to provide certain information 114 46 Residential premises 114 47 Use of force 115 48 Manner in which transport safety officers must exercise powers 115 49 Service of improvement notices 115 50 Section 51 repealed 115 51 Contents of improvement notices 115 52 Sections 54 and 57 amended 116 53 Service of prohibition notice 116 54 Sections 61 and 67 amended 117 55 When Safety Director may carry out action 117 56 Power of Safety Director to take other remedial action 117 57 Service of non-disturbance notice 117 58 Contents of non-disturbance notice 117 59 Serving notices 118 60 Injunctions for non-compliance with notices 118 61 Enforceable voluntary undertaking 118 62 Sections 84, 85 and 86 amended 118 63 Contravention of transport safety undertaking 119 64 Withdrawal or variation of transport safety undertaking 119 65 Proceedings for alleged contravention 119 66 Additional enforcement measures relating to bus safety 119 -- 2 of 153 -- Section Page iii Authorised by the Chief Parliamentary Counsel 67 Response to certain safety reports 120 68 Sections 91 and 92 repealed 120 69 Division 2 of Part 4 repealed 120 70 Reviewable decisions 120 71 Offence to give false or misleading information 121 72 Criminal liability of officers of bodies corporate—failure to exercise due diligence 121 73 Who may commence proceedings for offences against this Act or a transport safety law 121 74 Limited period for prosecution of transport safety law indictable offences 121 75 Evidentiary certificates—this Act or transport safety laws 122 76 Definitions—Court based sanctions 123 77 Commercial benefits order 124 78 Supervisory intervention order 124 79 Exclusion orders 125 80 Adverse publicity order 125 81 Release on the giving of a safety undertaking 126 82 Sections 116, 119, 120, 121 and 122 amended 126 83 Attendance of transport safety officer at inquiries 126 84 Sections 124 and 127 amended 126 85 Recovery of costs 126 86 Section 130 repealed 127 87 Service of documents 127 88 Regulations 127 Part 4—Amendments of other Acts 128 Division 1—Amendment of the Transport Integration Act 2010 128 89 Definitions 128 90 Sections 79L and 79M repealed 129 91 Object of Director, Transport Safety 129 92 Functions of Director, Transport Safety 130 93 Power to investigate 132 94 New section 174A inserted 132 95 Information disclosure by Director, Transport Safety 132 96 Delegation by the Director, Transport Safety 132 97 New section 178B inserted 133 98 New section 181A inserted 133 99 Appointment 133 100 When a transport safety appointee ceases to hold office 133 101 New section 187A inserted 134 102 Removal from office 134 103 Ministerial direction to investigate transport safety matter 135 104 Section 194 repealed and consequential cross-reference amended 135 105 Power to give advice on compliance 136 -- 3 of 153 -- Section Page iv Authorised by the Chief Parliamentary Counsel 106 Definitions—Conflict between decisions of Director, Transport Safety and road authority 136 Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983 136 107 Definitions 136 108 Financial assistance to train drivers following fatal incidents 137 109 Application of definitions to Part V 137 110 Specific investigation powers—public transport safety matters or marine safety matters 137 111 Definitions 137 112 Interpretation 138 113 Definitions 138 114 Section 230J repealed 138 115 Service of documents on natural persons 138 116 Service of documents on corporations 138 Division 3—Amendment of other Acts 138 117 Consequential amendments to other Acts 138 Part 5—Repeal of the Rail Safety (Local Operations) Act 2006 and this Act 139 118 Repeal of the Rail Safety (Local Operations) Act 2006 139 119 Repeal of this Act 139 Schedule 1—Consequential amendments to other Acts 140 ═════════════ Endnotes 149 1 General information 149 -- 4 of 153 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019† No. 41 of 2019 [Assented to 6 November 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Rail Safety National Law Application Act 2013— Victoria -- 5 of 153 -- Part 1—Preliminary Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 2 Authorised by the Chief Parliamentary Counsel (i) to provide for the safety of all rail infrastructure and rolling stock operations carried out in Victoria and for all rail safety work carried out in Victoria to be regulated under the Rail Safety National Law (Victoria); and (ii) to provide for the Office of the National Rail Safety Regulator to be the sole rail safety regulator for the Victorian rail transport industry; and (b) to repeal the Rail Safety (Local Operations) Act 2006 and as a consequence re-enact the provisions for the alcohol and drug testing of rail safety workers in the Rail Safety National Law Application Act 2013. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day. 3 Principal Act In this Act, the Rail Safety National Law Application Act 2013 is called the Principal Act. -- 6 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Rail Safety National Law Application Act 2013 Division 1—General 4 Definitions—Principal Act In section 3(1) of the Principal Act— (a) insert the following definitions— "public sector body has the same meaning as in the Public Administration Act 2004; public sector employee has the same meaning as in the Public Administration Act 2004;"; (b) in the definition of Department omit ", Planning and Local Infrastructure"; (c) in the definition of Safety Director, for "2010;" substitute "2010."; (d) the definitions of excluded local railway, railway crossing, service level agreement and transport safety officer are repealed. 5 Section 4 repealed Section 4 of the Principal Act is repealed. 6 Application of Rail Safety National Law In section 6(a) of the Principal Act, for "3, 4 and 5" substitute "4, 4A and 5". 7 Interpretation of certain expressions (1) In section 7(1) of the Principal Act, the definitions of public sector body, public sector employee and railway are repealed. -- 7 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 4 Authorised by the Chief Parliamentary Counsel (2) After section 7(2) of the Principal Act insert— "(3) For the purposes of this Act and the Rail Safety National Law (Victoria) and any other Act or law, the Office of the National Rail Safety Regulator is not an agency or instrumentality of the Crown in right of Victoria.". 8 Section 9 repealed Section 9 of the Principal Act is repealed. 9 Exclusion of legislation of this jurisdiction In section 11(1) of the Principal Act— (a) paragraph (d) is repealed; (b) in paragraph (h), for "section 12)." substitute "section 12);"; (c) after paragraph (h) insert— "(i) the Fines Reform Act 2014; (j) the Infringements Act 2006; (k) the Privacy and Data Protection Act 2014.". 10 Part 3 repealed Part 3 of the Principal Act is repealed. 11 Division 1 of Part 4 repealed Division 1 of Part 4 of the Principal Act is repealed. -- 8 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 5 Authorised by the Chief Parliamentary Counsel 12 New Division 1A of Part 4 inserted Before Division 2 of Part 4 of the Principal Act insert— 'Division 1A—Additional rail safety duties 40A Rail safety duties of persons providing railway operations by means of contracted personnel Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if after section 53 of that Law there were inserted— "53A Duties of persons providing railway operations by means of contracted personnel (1) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rail infrastructure manager the services of an individual that labour-hire entity employs or engages to carry out railway operations for that manager must, so far as is reasonably practicable, ensure that that individual is competent to carry out the railway operations. (2) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour- hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations. -- 9 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 6 Authorised by the Chief Parliamentary Counsel (3) In this section— supply includes provide, grant or confer, whether as principal or agent.".'. 13 Divisions 3 and 4 of Part 4 repealed Divisions 3 and 4 of Part 4 of the Principal Act are repealed. 14 Division 7 of Part 4 substituted For Division 7 of Part 4 of the Principal Act substitute— "Division 7—Other matters 48 Authorisation of information disclosure in relation to notifiable occurrences For the purposes of section 244(3)(e) of the Rail Safety National Law (Victoria), ONRSR, a member of ONRSR or a person authorised by ONRSR is authorised to disclose information in relation to notifiable occurrences to the following persons— (a) the Chief Investigator, Transport Safety; (b) the Secretary to the Department.". 15 Division 5 of Part 7 repealed Division 5 of Part 7 of the Principal Act is repealed. 16 Section 157 repealed Section 157 of the Principal Act is repealed. -- 10 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 7 Authorised by the Chief Parliamentary Counsel Division 2—Alcohol and drug controls for rail safety workers 17 New Part 4A inserted After Part 4 of the Principal Act insert— 'Part 4A—Alcohol and drug controls for rail safety workers Division 1—Preliminary matters 48A Definitions In this Part— approved health professional means— (a) a person registered under the Health Practitioner Regulation National Law— (i) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (ii) in the registered nurses division of that profession; (b) a person approved under section 48B to take a blood sample for the purposes of the Rail Safety National Law (Victoria) and this Part; assessment of drug impairment means an assessment under sections 48O and 48P; breath analysing instrument means a breath analysing instrument within the meaning of the Road Safety Act 1986; breath analysis means an analysis of breath by a breath analysing instrument; -- 11 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 8 Authorised by the Chief Parliamentary Counsel Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013; corresponding law means a law of another State or a Territory that creates an offence substantially similar to an offence created by section 128(1) of the Rail Safety National Law (Victoria) or section 48H(1); drug screening test means a test by means of a device prescribed for the purpose of conducting drug screening tests; oral fluid analysis means an analysis of oral fluid by means of a device prescribed for the purpose of conducting oral fluid analyses; prescribed concentration of alcohol has the same meaning as in section 128(5) of the Rail Safety National Law (Victoria); prescribed drug has the same meaning as in section 128(5) of the Rail Safety National Law (Victoria); properly qualified analyst has the same meaning as in section 57B of the Road Safety Act 1986; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Victorian Institute of Forensic Medicine Director means the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985. -- 12 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 9 Authorised by the Chief Parliamentary Counsel 48B Approval of person to take blood samples for the purposes of the Law and this Part The Victorian Institute of Forensic Medicine Director may, in writing, approve a person to take blood samples for the purposes of the Rail Safety National Law (Victoria) and this Part if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take such samples. 48C Assessment of drug impairment modification Despite anything to the contrary in the Rail Safety National Law (Victoria), section 126(1) of that Law applies as a law of this jurisdiction as if— (a) in paragraph (e) of that subsection, for "occurrence," there were substituted "occurrence; or"; (b) after paragraph (e) of that subsection there were inserted— "(f) is required to undergo an assessment of drug impairment,". 48D Presumptions in relation to presence of concentrations of alcohol and other drugs (1) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(a) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(a), a certain concentration of alcohol was present in the blood or breath of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that not less than that concentration of alcohol was present in the worker's blood -- 13 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 10 Authorised by the Chief Parliamentary Counsel or breath (as the case requires) at the time at which the offence is alleged to have been committed. (2) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(b) of the Rail Safety National Law (Victoria), a certain drug was present in the oral fluid or blood of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that that drug was present in the worker's oral fluid or blood at the time at which the offence is alleged to have been committed. (3) For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, if it is established that at any time within 3 hours after an alleged offence against section 128(1)(c) of the Rail Safety National Law (Victoria) or section 48H(1)(b), a certain drug was present in the body of the rail safety worker charged with the offence it must be presumed, until the contrary is proved, that the drug was present in the worker's body at the time at which the offence is alleged to have been committed. (4) For the purposes of an alleged offence against section 48H(1)(i) or (j) it must be presumed that the concentration of alcohol indicated by an analysis to be present in the breath of the rail safety worker charged or found by an analyst to be present in the sample of blood taken from the worker charged (as the case requires) was not due solely to the consumption of alcohol after having carried out rail safety work unless the -- 14 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 11 Authorised by the Chief Parliamentary Counsel contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person. (5) For the purposes of an alleged offence against section 128(1)(b) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(b) it must be presumed that a drug found by an analyst to be present in the sample of blood or oral fluid taken from the rail safety worker charged was not due solely to the consumption or use of that drug after carrying out rail safety work unless the contrary is proved by the worker charged on the balance of probabilities by sworn evidence given by the worker which is corroborated by the material evidence of another person. 48E When a rail safety worker is not to be taken to be impaired For the purposes of sections 48O to 48X, a rail safety worker is not to be taken to be impaired unless the worker's behaviour or appearance is such as to give rise to a reasonable suspicion that the worker is unable to carry out rail safety work properly. 48F When a rail safety worker is to be regarded as being about to carry out rail safety work For the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker has arrived at the worker's place of work but has not yet begun work. -- 15 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 12 Authorised by the Chief Parliamentary Counsel 48G Findings of guilt and convictions and subsequent offences If a rail safety worker who is found guilty or convicted of an offence against any one of the paragraphs of section 128(1) of the Rail Safety National Law (Victoria) or the paragraphs of section 48H(1), or against those sections, has at any time been found guilty or convicted of— (a) an offence against the same or any other of those paragraphs or against either of those sections; or (b) an offence against any corresponding law— the finding of guilt, or conviction of, the offence against that paragraph or section is to be taken to be a conviction for a subsequent offence. Division 2—Offences and related evidentiary matters 48H Additional offences involving alcohol and drugs (1) A rail safety worker is guilty of an offence if the worker— (a) carries out rail safety work while more than the prescribed concentration of alcohol is present in the worker's breath; or (b) carries out rail safety work while impaired by a drug; or (c) refuses or fails to comply with a requirement under section 48M(10); or -- 16 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 13 Authorised by the Chief Parliamentary Counsel (d) refuses to undergo an assessment of drug impairment in accordance with sections 48O and 48P when required under those sections to do so or refuses to comply with a direction under section 48O(4); or (e) refuses to immediately comply with a requirement under section 48Q(2) or a direction under section 48Q(4) or fails to comply with the obligation in section 48Q(5); or (f) refuses to provide a sample of oral fluid in accordance with section 48R when required under that section to do so or refuses to immediately comply with any other requirement made under that section; or (g) refuses to comply with a requirement made under section 48X(2) or (3); or (h) refuses to comply with a requirement made under section 48V(2) or (3); or (i) within 3 hours after having carried out rail safety work furnishes a sample of breath for analysis by a breath analysing instrument under a requirement under section 48M and— (i) the result of the analysis as recorded or shown by the breath analysing instrument indicates that more than the prescribed concentration of alcohol is present in the worker's breath; and (ii) the concentration of alcohol indicated by the analysis to be present in the worker's breath was not due solely to the consumption -- 17 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 14 Authorised by the Chief Parliamentary Counsel of alcohol after having carried out the rail safety work; or (j) has had a sample of blood taken from the worker in accordance with section 48ZA within 3 hours after having carried out rail safety work and— (i) the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 48ZB and the analyst has found that at the time of analysis more than the prescribed concentration of alcohol was present in that sample; and (ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after having carried out the rail safety work. (2) A rail safety worker who is guilty of an offence under subsection (1) is liable to a fine not exceeding $10 000. (3) It is a defence to a charge under subsection (1)(i) for the person charged to prove that the breath analysing instrument used was not on that occasion in proper working order or properly operated. (4) It is a defence to a charge under subsection (1)(j) for the person charged to prove that the result of the analysis was not a correct result. -- 18 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 15 Authorised by the Chief Parliamentary Counsel 48I Additional circumstances when rail safety workers may be convicted or found guilty A rail safety worker may be convicted or found guilty of an offence under section 126(3) or 127(3) of the Rail Safety National Law (Victoria) or section 48H(1)(d) even if— (a) in the case of an offence under section 126(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a preliminary breath test or breath analysis— (i) a breath analysing instrument was not available at the place where the requirement was made at the time it was made; or (ii) a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; (b) in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria) constituted by a failure to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these)— (i) the authorised person requiring a sample of blood or urine had not nominated a registered medical practitioner or approved health professional to take the sample; or (ii) if the worker was required under section 48R(3) to provide a sample of oral fluid for analysis -- 19 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 16 Authorised by the Chief Parliamentary Counsel by a properly qualified analyst, the authorised person requiring a sample of oral fluid had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis; (c) in the case of an offence under section 48H(1)(d)— (i) a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; or (ii) a person authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made; (d) in the case of an offence under section 127(3) of the Rail Safety National Law (Victoria)— (i) a requirement to submit to a drug screening test, oral fluid analysis, blood test or urine test (or any combination of these) was not made at a place where such a test or analysis could have been carried out; or (ii) a person authorised to carry out the drug screening test, oral fluid analysis, blood test or urine test was not present at the place where the requirement was made at the time it was made. -- 20 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 17 Authorised by the Chief Parliamentary Counsel 48J Evidence as to effect of the consumption of alcohol or consumption or use of a drug (1) In any proceeding for an offence under section 48H(1)(i) or (j) evidence as to the effect of the consumption of alcohol on the accused is admissible for the purpose of rebutting the presumption created by section 48D(4) but is otherwise inadmissible. (2) In any proceeding for an offence against section 128(1)(b) or (c) of the Rail Safety National Law (Victoria) or section 48H(1)(b) evidence as to the effect of the consumption or use of a drug on the accused is admissible for the purpose of rebutting the presumption created by section 48D(5) but is otherwise inadmissible. 48K Existence of certain facts proof that rail safety worker was drug impaired while carrying out rail safety work In any proceeding for an offence under section 48H(1)(b), proof that— (a) the rail safety worker was carrying out rail safety work; and (b) one or more drugs were present in the rail safety worker's body at the time at which the worker carried out rail safety work; and (c) the behaviour of the rail safety worker on an assessment of drug impairment carried out on the worker was consistent with the behaviour usually associated with a person who has consumed or used that drug or those drugs; and -- 21 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 18 Authorised by the Chief Parliamentary Counsel (d) the behaviour usually associated with a person who has consumed or used that drug or those drugs would result in the person being unable to carry out rail safety work properly— is, in the absence of evidence to the contrary, proof that the rail safety worker carried out rail safety work while impaired by a drug. Division 3—Testing and analysis 48L Additional matters for preliminary breath tests (1) This section applies if a rail safety worker is required by an authorised person to submit to testing by means of a preliminary breath test under section 126 of the Rail Safety National Law (Victoria). (2) The rail safety worker must undergo a preliminary breath test by exhaling continuously into a prescribed device to the satisfaction of the authorised person. (3) However, the rail safety worker is not obliged to submit to testing by means of a preliminary breath test under section 126 of the Rail Safety National Law (Victoria) if more than 3 hours have passed since the worker last carried out rail safety work. 48M Additional matters for breath analyses (1) This section applies if a rail safety worker is required by an authorised person to submit to testing by means of a breath analysis under section 126 of the Rail Safety National Law (Victoria). -- 22 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 19 Authorised by the Chief Parliamentary Counsel (2) For the purposes of section 126 of the Rail Safety National Law (Victoria), a requirement of the authorised person under that section may be that the rail safety worker submit to testing by doing one or both of the following— (a) furnishing a sample of breath for analysis by a breath analysing instrument; (b) furnishing one or more further samples if it appears to the authorised person that the breath analysing instrument is incapable of measuring the concentration of alcohol present in the sample, or each of the samples, previously furnished in grams per 210 litres of exhaled air— (i) because the amount of sample furnished was insufficient; or (ii) because of a power failure or malfunctioning of the instrument; or (iii) for any other reason whatsoever. (3) In addition, for the purposes of section 126(1)(a) to (e) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to— (a) accompany the authorised person to a police station or other place where the sample of breath may be furnished; and (b) remain there until the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) or until 3 hours after the carrying out of the rail safety work, whichever is the sooner. -- 23 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 20 Authorised by the Chief Parliamentary Counsel (4) In addition, for the purposes of section 126(1)(f) of the Rail Safety National Law (Victoria), the authorised person may require the rail safety worker to remain at the place at which the worker is required to remain for the purposes of the drug assessment until— (a) the worker has furnished the sample of breath and been given the certificate referred to in subsection (8) and the drug assessment has been carried out; or (b) 3 hours after the carrying out of rail safety work— whichever is the sooner. Note Section 126(1)(f) forms part of the Rail Safety National Law (Victoria)—see section 48C. (5) If the rail safety worker is required to furnish a sample of breath for analysis, the worker must do so by exhaling continuously into the instrument to the satisfaction of the person operating it. (6) However, a rail safety worker is not obliged to furnish a sample of breath under this section if more than 3 hours have passed since the worker last carried out rail safety work. (7) A breath analysing instrument referred to in this section must be operated by a person authorised to do so by the Chief Commissioner of Police. (8) As soon as practicable after a sample of a rail safety worker's breath is analysed by means of a breath analysing instrument the person operating the instrument must sign and give to the worker whose breath has been -- 24 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 21 Authorised by the Chief Parliamentary Counsel analysed a certificate containing the prescribed particulars produced by the breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in the worker's breath. (9) A rail safety worker must not be convicted or found guilty of refusing to furnish under this section a sample of breath for analysis if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid providing information which might be used against the worker. (10) The authorised person who required a sample of breath under section 126(1) of the Rail Safety National Law (Victoria) from a rail safety worker may require the worker to allow a registered medical practitioner or an approved health professional nominated by the person requiring the sample to take from the worker a sample of blood for analysis if it appears to the person that— (a) the worker is unable to furnish the required sample of breath on medical grounds or because of some physical disability; or (b) the breath analysing instrument is incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by the worker for any reason whatsoever— and for that purpose may further require that worker to accompany an authorised person to a place where the sample is to be taken and to remain there until the sample has been -- 25 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 22 Authorised by the Chief Parliamentary Counsel taken or until 3 hours after the carrying out of the rail safety work, whichever is sooner. (11) A rail safety worker who allows the taking of a sample of the worker's blood in accordance with subsection (10) must not be convicted or found guilty of refusing to furnish under section 126(1) of the Rail Safety National Law (Victoria) a sample of breath for analysis. (12) A person must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other person in accordance with subsection (10). Penalty: $10 000. (13) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood which the practitioner or approved health professional believed on reasonable grounds was allowed to be taken under subsection (10). 48N Evidentiary matters relating to breath analysis (1) Evidence derived from a sample of breath furnished following a requirement made under section 126(1) of the Rail Safety National Law (Victoria) is not rendered inadmissible by a failure to comply with a request under section 48Y if reasonable efforts were made to comply with the request. -- 26 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 23 Authorised by the Chief Parliamentary Counsel (2) If the question of whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a rail safety worker is relevant on a hearing for an offence against section 128(1) of the Rail Safety National Law (Victoria) or section 48H(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document— (a) purporting to be a print-out produced by that instrument in respect of that sample; and (b) purporting to be signed by the person who operated the instrument— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (3) A document referred to in subsection (2) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 (as the case requires). -- 27 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 24 Authorised by the Chief Parliamentary Counsel 48O Assessment of drug impairment (1) Subject to this section, a police officer may at any time require a rail safety worker who— (a) is about to carry out rail safety work; or (b) is carrying out rail safety work; or (c) is attempting to carry out rail safety work; or (d) is still on railway premises after carrying out rail safety work; or (e) without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence— to undergo an assessment of drug impairment. (2) Subject to this section, a police officer may require— (a) a rail safety worker whom the officer believes on reasonable grounds has within the last 3 preceding hours carried out rail safety work on a railway when a notifiable occurrence or prescribed notifiable occurrence occurred involving the rail safety worker; or (b) a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a preliminary breath test; or (c) a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a breath analysis— -- 28 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 25 Authorised by the Chief Parliamentary Counsel to undergo an assessment of drug impairment. (3) A police officer may only require a rail safety worker to undergo an assessment of drug impairment under subsection (1) or (2) if the officer is of the opinion that the rail safety worker's behaviour or appearance indicates that the worker may be impaired for a reason other than alcohol alone. (4) A police officer may direct a rail safety worker required under subsection (1) or (2) to undergo an assessment of drug impairment to accompany the officer to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the carrying out of the rail safety work, whichever is sooner. (5) A rail safety worker is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the worker last carried out rail safety work. 48P Procedure for assessments of drug impairment (1) An assessment of drug impairment must be carried out by a police officer authorised to do so by the Chief Commissioner of Police. (2) An assessment of drug impairment must be carried out in accordance with the procedure specified in a notice published under section 55A(5) of the Road Safety Act 1986. (3) The carrying out of an assessment of drug impairment on a rail safety worker must be video-recorded if the worker was involved in a notifiable occurrence or prescribed -- 29 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 26 Authorised by the Chief Parliamentary Counsel notifiable occurrence unless the prosecution satisfies the court that a video-recording has not been made because of exceptional circumstances. (4) If the rail safety worker on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 48H(1)(b), and the carrying out of the assessment of drug impairment is video-recorded, a copy of the video- recording must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence. (5) Subject to subsection (6), the video- recording of the carrying out of an assessment of drug impairment on a rail safety worker is only admissible in a proceeding against that worker for an offence against Division 9 of Part 3 of the Rail Safety National Law (Victoria) or this Part for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under section 55A(5) of the Road Safety Act 1986. (6) Evidence obtained as a result of an assessment of drug impairment carried out on a rail safety worker is inadmissible as part of the prosecution case in proceedings against that worker for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 48Z. -- 30 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 27 Authorised by the Chief Parliamentary Counsel (7) In any proceeding under Division 9 of Part 3 of the Rail Safety National Law (Victoria) or this Part— (a) the statement of a police officer that on a particular date the officer was authorised by the Chief Commissioner of Police under subsection (1) to carry out an assessment of drug impairment; or (b) a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised by the Chief Commissioner of Police under subsection (1) to carry out an assessment of drug impairment— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that police officer. 48Q Drug screening tests (1) This section applies if an authorised person requires a rail safety worker to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria). (2) The authorised person may, for the purposes of carrying out a drug screening test, require the rail safety worker to place a prescribed device, or the collection unit of a prescribed device, into the worker's mouth and carry out the physical actions that are necessary to ensure that, in the opinion of the authorised person, a sufficient sample of oral fluid has been captured by the device or unit. (3) A device prescribed for the purposes of carrying out drug screening tests may be comprised of a collection unit and a testing unit and one or more other parts. -- 31 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 28 Authorised by the Chief Parliamentary Counsel (4) The authorised person who carries out a drug screening test may give any reasonable direction as to the physical actions that are necessary for the test to be carried out. (5) The rail safety worker must remain at the place at which the drug screening test is being carried out until the sample of oral fluid collected in accordance with subsection (2) has been tested by a prescribed device. (6) The rail safety worker is not obliged to undergo a drug screening test under this section if more than 3 hours have passed since the worker— (a) last carried out or attempted to carry out rail safety work; or (b) was involved in a prescribed notifiable occurrence. 48R Oral fluid analysis (1) This section applies if a rail safety worker is— (a) required— (i) to undergo an assessment of drug impairment under section 48O; or (ii) to submit to a drug screening test under section 127(1) of the Rail Safety National Law (Victoria); and (b) in the opinion of the authorised person who carries out that assessment or test— (i) the assessment or test indicates that the worker's oral fluid contains a prescribed drug; or -- 32 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 29 Authorised by the Chief Parliamentary Counsel (ii) the worker has refused or failed to carry out the assessment or test in the manner described in section 48P or 48Q(2) (as the case requires). (2) An authorised person may require the rail safety worker to provide a sample of oral fluid for testing by a prescribed device. (3) If an authorised person considers it necessary, the person may require the rail safety worker to provide a sample of oral fluid for analysis by a properly qualified analyst. (4) If the authorised person considers it necessary for the purposes of subsection (2) or (3), the person may require the rail safety worker— (a) to accompany any authorised person to a place or vehicle where a sample is to be provided; and (b) to remain there until the earlier of the following— (i) the worker has provided the sample and any further sample required to be provided under subsection (5) and the sample has been tested by a prescribed device; (ii) 3 hours after the worker last carried out or attempted to carry out the rail safety work or was involved in a prescribed notifiable occurrence. -- 33 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 30 Authorised by the Chief Parliamentary Counsel (5) The authorised person who required a sample of oral fluid to be provided under subsection (2) may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the prescribed device is incapable of testing for the presence of a prescribed drug in the sample or samples because— (a) the amount of sample provided was insufficient; or (b) of a power failure or malfunctioning of the device. (6) If the authorised person requires a sample of oral fluid to be provided under subsection (3), the person may require the rail safety worker who provided it to provide one or more further samples if it appears to the person that the amount of sample provided was insufficient for the purposes of testing for the presence of a prescribed drug. (7) An authorised person who is a police officer may only carry out the procedure for the provision of a sample of oral fluid under this section if the police officer is authorised in writing by the Chief Commissioner of Police for the purposes of this section. (8) The Chief Commissioner of Police may authorise a police officer for the purposes of this section if satisfied that the officer has the appropriate training to carry out the prescribed procedure for the provision of a sample. (9) A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts. -- 34 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 31 Authorised by the Chief Parliamentary Counsel 48S Provision of oral fluid samples for oral fluid analysis (1) A rail safety worker required to provide a sample of oral fluid under section 48R must do so by placing the prescribed device, or the collection unit of the device, into the worker's mouth and carrying out the physical actions that are necessary to ensure that, in the opinion of the authorised person to whom the sample is being provided, a sufficient sample of oral fluid has been captured by the device or unit. (2) An authorised person who requires a rail safety worker to provide a sample of oral fluid under section 48R may give any reasonable direction as to the physical actions that are necessary for the sample to be provided. (3) A rail safety worker is not obliged to provide a sample of oral fluid under section 48R if more than 3 hours have passed since the worker— (a) last carried out or attempted to carry out rail safety work; or (b) was involved in a prescribed notifiable occurrence. (4) The provision of a sample of oral fluid under this section must be carried out in accordance with the prescribed procedure. (5) A rail safety worker must not be convicted or found guilty of refusing to provide under section 48R a sample of oral fluid if the worker satisfies the court that there was some reason of a substantial character for the refusal, other than a desire to avoid -- 35 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 32 Authorised by the Chief Parliamentary Counsel providing information which might be used against the worker. (6) A device prescribed for the purposes of the collection of a sample of oral fluid may be comprised of a collection unit and a testing unit and one or more other parts. 48T Part of oral fluid sample to be delivered to rail safety worker if drugs detected If a test of a sample of oral fluid provided under section 48R by a rail safety worker indicates, in the opinion of the authorised person who carried out the procedure in the course of which the sample was provided, that the oral fluid contains a prescribed drug, the person may— (a) if the person who carried out the procedure was not the authorised person who required the sample to be provided, deliver a part of the sample to the person who required the sample to be provided; and (b) deliver another part of the sample to the worker. 48U Rail safety worker required to provide oral fluid sample may request sample of blood to be taken (1) This section applies if a rail safety worker is required under section 48R to provide a sample of oral fluid. (2) The rail safety worker may request the authorised person who required the sample to arrange for the taking in the presence of an authorised person of a sample of the worker's blood for analysis at the worker's own expense by a registered medical practitioner -- 36 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 33 Authorised by the Chief Parliamentary Counsel or an approved health professional nominated by the person. (3) Nothing in this section relieves a rail safety worker from any penalty under section 48H(1)(f) for refusing to provide a sample of oral fluid. 48V Authorised person may require blood sample if oral fluid sample insufficient (1) This section applies if an authorised person requires a rail safety worker to provide a sample of oral fluid under section 48R for analysis and in the opinion of the person— (a) the worker is unable to furnish the required sample of oral fluid on medical grounds or because of some physical disability; or (b) the prescribed device is incapable of testing for the presence in the sample of a prescribed drug for any reason whatsoever. (2) The authorised person may require the rail safety worker to allow a registered medical practitioner or an approved health professional nominated by the person who required the sample to take from the worker a sample of blood for analysis. (3) For the purposes of subsection (2), an authorised person may require the rail safety worker— (a) to accompany any authorised person to a place where the sample of the worker's blood is to be taken; and (b) to remain there until the earlier of the following— (i) the sample is taken; -- 37 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 34 Authorised by the Chief Parliamentary Counsel (ii) 3 hours after the worker last carried out or attempted to carry out rail safety work or was involved in a prescribed notifiable occurrence. (4) A rail safety worker who allows the taking of a sample of the worker's blood in accordance with this section must not be convicted or found guilty of refusing to provide a sample of oral fluid in accordance with section 48R. (5) A rail safety worker must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood of any other rail safety worker in accordance with this section. Penalty: $10 000. (6) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood that the practitioner or approved health professional believed on reasonable grounds was required to be taken from any rail safety worker under this section. 48W Evidentiary matters relating to oral fluid analysis (1) Evidence derived from a sample of oral fluid provided following a requirement made under section 48R or 48V is not rendered inadmissible by a failure to comply with a request under section 48U if reasonable efforts were made to comply with the request. -- 38 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 35 Authorised by the Chief Parliamentary Counsel (2) In any proceeding under Division 9 of Part 3 of the Rail Safety National Law (Victoria) or this Part, the following are admissible in evidence and, in the absence of evidence to the contrary, are proof of the authority of the police officer— (a) the statement of a police officer that on a particular date the officer was authorised for the purposes of section 48R(8); (b) a certificate purporting to be signed by the Chief Commissioner of Police that a police officer named in it is authorised for the purposes of section 48R(8). 48X Blood and urine tests (1) This section applies if a rail safety worker— (a) is required by an authorised person to submit to a blood test or urine test under section 127(1) of the Rail Safety National Law (Victoria); or (b) undergoes an assessment of drug impairment when required under section 48O to do so and the assessment, in the opinion of the police officer carrying it out, indicates that the rail safety worker may be impaired by a drug or drugs. (2) An authorised person may require the rail safety worker to— (a) allow a registered medical practitioner or an approved health professional nominated by the person to take from the worker a sample of that worker's blood for analysis; -- 39 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 36 Authorised by the Chief Parliamentary Counsel (b) furnish to a registered medical practitioner, an approved health professional or a person appointed under section 124 of the Rail Safety National Law (Victoria) nominated by the authorised person a sample of the worker's urine for analysis. (3) For the purpose of subsection (2), an authorised person may require the rail safety worker— (a) to accompany any authorised person to a place where the sample is to be taken or furnished; and (b) to remain there until the earlier of the following— (i) the sample is taken or furnished; (ii) 3 hours after the worker last carried out or attempted to carry out rail safety work or was involved in a prescribed notifiable occurrence. (4) An authorised person must not require a rail safety worker to allow a sample of the worker's blood to be taken for analysis under subsection (2) if that worker has already had a sample of blood taken under section 48Y after carrying out rail safety work. (5) A rail safety worker must not hinder or obstruct a registered medical practitioner or an approved health professional attempting to take a sample of the blood, or be furnished with a sample of the urine, of any other person in accordance with this section. Penalty: $10 000. -- 40 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 37 Authorised by the Chief Parliamentary Counsel (6) No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or approved health professional in the course of taking any sample of blood, or being furnished with any sample of urine, which the practitioner or approved health professional believed on reasonable grounds was required to be taken from, or furnished by, a rail safety worker under this section. (7) If the rail safety worker on whom an assessment of drug impairment was carried out is subsequently charged with an offence under section 48H(1)(b), a copy of a written report on that assessment prepared by the police officer who carried it out and containing the prescribed particulars must be served with the summons or, if a summons is not issued, within 7 days after the filing of the charge-sheet charging the offence. 48Y Rail safety worker may request sample of blood to be taken for analysis (1) This section applies if— (a) a rail safety worker is required under section 126(1) of the Rail Safety National Law (Victoria) to submit to testing by means of a breath analysis; and (b) the rail safety worker does so by furnishing a sample of breath for analysis in accordance with section 48M. (2) The rail safety worker may, immediately after being given the certificate referred to in section 48M(8), request the authorised -- 41 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 38 Authorised by the Chief Parliamentary Counsel person who required the sample to arrange for the taking in the presence of an authorised person of a sample of the worker's blood for analysis at the worker's own expense by a registered medical practitioner or an approved health professional nominated by the person. (3) Nothing in subsection (2) relieves a rail safety worker from any penalty under section 126(3) of the Rail Safety National Law (Victoria). 48Z Destruction of identifying information (1) In this section, relevant offence means— (a) an offence under section 127(3) of the Rail Safety National Law (Victoria) or section 48H(1)(b) or (g); or (b) any other offence arising out of the same circumstances; or (c) any other offence in respect of which the evidence obtained as a result of the assessment of drug impairment has probative value. (2) If a rail safety worker undergoes an assessment of drug impairment that has been carried out on the rail safety worker under sections 48O and 48P and— (a) the rail safety worker has not been charged with a relevant offence at the end of the period of 12 months after the undergoing of the assessment of drug impairment; or (b) the rail safety worker has been so charged but the charge is not proceeded with, the prosecution for the offence is discontinued or the rail safety worker is -- 42 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 39 Authorised by the Chief Parliamentary Counsel not found guilty of the offence, whether on appeal or otherwise, before the end of that period— the Chief Commissioner of Police must, subject to subsection (4), destroy, or cause to be destroyed, at the time specified in subsection (3) any video-recording made of the assessment and any related material and information. (3) A video-recording and any related material and information referred to in subsection (2) must be destroyed— (a) in a case to which subsection (2)(a) applies, immediately after that period of 12 months; or (b) in a case to which subsection (2)(b) applies— (i) within one month after the conclusion of the proceeding and the end of any appeal period; or (ii) if the proceeding has been adjourned under section 75 of the Sentencing Act 1991, within one month after dismissal under that section. (4) A police officer may, before the end of a period referred to in subsection (3)(b), apply without notice to the Magistrates' Court for an order extending that period and, if the Court makes such an order, the reference to the period in subsection (3) is a reference to that period as so extended. (5) If the Magistrates' Court makes an order under subsection (4), it must give reasons for its decision and cause a copy of the order to be served on the rail safety worker on whom -- 43 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 40 Authorised by the Chief Parliamentary Counsel the assessment of drug impairment was carried out. (6) If a video-recording or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the rail safety worker on whom the assessment was carried out so requests, within 14 days after receiving the request, notify that worker in writing whether the destruction has occurred. (7) A person who knowingly— (a) fails to destroy; or (b) uses, or causes or permits to be used— a video-recording or related material and information required by this section to be destroyed is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months. (8) A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from any video- recording or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence is guilty of an offence punishable by a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months. 48ZA Blood samples to be taken in certain cases (1) In this section— doctor means a registered medical practitioner and includes a police surgeon. -- 44 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 41 Authorised by the Chief Parliamentary Counsel (2) If a rail safety worker enters or is brought to a place for examination or treatment in consequence of a notifiable occurrence (whether within Victoria or not), the worker must allow a doctor or approved health professional to take from the worker at that place a sample of the worker's blood for analysis. Penalty: $10 000. (3) Subsection (2) does not apply if— (a) in the opinion of the doctor or approved health professional first responsible for the examination or treatment of the rail safety worker the taking of a blood sample from the worker would be prejudicial to the worker's proper care and treatment; or (b) the doctor or approved health professional first responsible for the examination or treatment of the rail safety worker believed on reasonable grounds that the worker was not a rail safety worker. (4) A rail safety worker to whom subsection (2) applies and who is unconscious or otherwise unable to communicate must be taken to allow the taking of a sample of the worker's blood by a doctor or approved health professional at a place which the worker enters or to which the worker is brought for examination or treatment. (5) If a sample of a rail safety worker's blood is taken in accordance with this section, evidence of the taking of it, the analysis of it or the results of the analysis must not be used in evidence in any legal proceeding except— -- 45 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 42 Authorised by the Chief Parliamentary Counsel (a) for the purposes of section 48ZB; or (b) for the purposes of the Transport Accident Act 1986— but may be given— (c) to the Transport Accident Commission under the Transport Accident Act 1986 and, for the purposes of applications relating to that Act, to VCAT; and (d) to the Department for the purposes of accident research. (6) A rail safety worker must not hinder or obstruct a doctor or approved health professional attempting to take a sample of the blood of any other person in accordance with this section. Penalty: $10 000. (7) No action lies against a doctor or approved health professional in respect of anything properly and necessarily done by the doctor or approved health professional in the course of taking any sample of blood which the doctor or approved health professional believes on reasonable grounds was required or allowed to be taken from a rail safety worker under this section. Division 4—Evidentiary provisions 48ZB Evidentiary provisions—blood tests (1) In this section— approved analyst means a person who by virtue of subsection (2) is to be taken to be a properly qualified analyst for the purposes of this section; -- 46 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 43 Authorised by the Chief Parliamentary Counsel approved expert means a person who by virtue of subsection (3) is to be taken to be a properly qualified expert for the purposes of this section; approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986; properly qualified analyst means— (a) an approved analyst; or (b) a person who carries out an analysis in an approved laboratory; or (c) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (6) or (7), as the case requires; properly qualified expert means— (a) an approved expert; or (b) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to express an opinion as to the facts and matters contained in a certificate under subsection (8). (2) A person who is an approved analyst within the meaning of section 57 of the Road Safety Act 1986 is to be taken to be a -- 47 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 44 Authorised by the Chief Parliamentary Counsel properly qualified analyst for the purposes of this section. (3) A person who is an approved expert within the meaning of section 57 of the Road Safety Act 1986 is to be taken to be a properly qualified expert for the purposes of this section. (4) If— (a) the question whether a rail safety worker was or was not at any time under the influence of alcohol or any other drug; or (b) the presence of alcohol or any other drug, or the concentration of alcohol in the blood of a rail safety worker at any time; or (c) a finding on the analysis of a blood sample of a rail safety worker— is relevant on a hearing for an offence against section 128 of the Rail Safety National Law (Victoria) or section 48H, or in any inquest or investigation held by a coroner then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given of the taking, within 3 hours after the rail safety worker carried out rail safety work, of a sample of blood from the worker by a registered medical practitioner or an approved health professional, of the analysis of that sample of blood by a properly qualified analyst within 12 months after it was taken, of the presence of alcohol and, if alcohol is present, of the concentration of alcohol expressed in grams per 100 millilitres of blood found by that -- 48 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 45 Authorised by the Chief Parliamentary Counsel analyst to be present in that sample of blood at the time of analysis and, if a drug is present, evidence may be given by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a person's ability to carry out rail safety work properly). (5) A certificate containing the prescribed particulars purporting to be signed by a registered medical practitioner or an approved health professional is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (6) A certificate, containing the prescribed particulars, as to the concentration of alcohol expressed in grams per 100 millilitres of blood found in any sample of blood— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (7) A certificate, containing the prescribed particulars, as to the presence in any sample of blood of a substance that is, or is capable of being, a prescribed drug for the purposes of this Part— (a) purporting to be signed by an approved analyst; and -- 49 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 46 Authorised by the Chief Parliamentary Counsel (b) stating that the sample of blood was analysed in an approved laboratory— is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (8) A certificate containing the prescribed particulars purporting to be signed by an approved expert as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a rail safety worker's ability to carry out rail safety work properly) is admissible in evidence in any proceedings referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (9) A certificate given under this section must not be tendered in evidence in a proceeding referred to in subsection (4) without the consent of the accused unless a copy of the certificate is proved to have been served on the accused more than 10 days before the day on which the certificate is tendered in evidence. (10) A copy of a certificate given under this section may be served on the accused by— (a) delivering it to the accused personally; or (b) leaving it for the accused at the accused's last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. -- 50 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 47 Authorised by the Chief Parliamentary Counsel (11) An affidavit or statutory declaration by a person who has served a copy of the certificate on the accused is admissible in evidence in a proceeding referred to in subsection (4) and, as to the service of the copy, is proof, in the absence of evidence to the contrary, of the facts and matters deposed to in the affidavit or stated in the statutory declaration. (12) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken to attend at all subsequent proceedings for cross-examination and that person must attend accordingly. (13) The court must not grant leave under subsection (12) unless it is satisfied— (a) that the informant has been given at least 7 days' notice of the hearing of the application for leave and has been given an opportunity to make a submission to the court; and (b) that— (i) there is a reasonable possibility that the blood referred to in a certificate given by an analyst under subsection (6) or (7) was not that of the accused; or (ii) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an -- 51 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 48 Authorised by the Chief Parliamentary Counsel approved health professional had become contaminated in such a way that the blood alcohol concentration found on analysis was higher than it would have been had the blood not been contaminated in that way; or (iii) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that a drug found on analysis would not have been found had the blood not been contaminated in that way; or (iv) for some other reason the giving of evidence by the person who gave the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken would materially assist the court to ascertain relevant facts. (14) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken, to attend the court on the hearing of an application for leave under subsection (12). (15) If a registered medical practitioner or an approved health professional is requested to make an examination or to collect a sample of blood for the purposes of this section and -- 52 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 49 Authorised by the Chief Parliamentary Counsel if the rail safety worker to be examined or from whom a sample of blood is to be collected has expressed consent to that examination or collection, no action lies against the registered medical practitioner or approved health professional who acts in accordance with that consent even if it subsequently appears that the worker was in fact incapable by reason of the worker's mental condition from effectively giving consent to the examination or collection. (16) Except as provided in sections 48X and 48ZA, a blood sample must not be taken and evidence of the result of an analysis of a blood sample must not be tendered unless the rail safety worker from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. (17) The mere failure or refusal of a rail safety worker to express consent must not be used in evidence against the worker or referred to in any way against the worker's interests in any proceeding. (18) A certificate purporting to be signed by a person— (a) who took a blood sample; or (b) who analysed a blood sample— in accordance with the provisions of an Act of another State or a Territory that substantially correspond to section 48ZA of this Act and in accordance with any regulations made under the corresponding Act is admissible in evidence in a proceeding referred to in subsection (4) and, in the -- 53 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 50 Authorised by the Chief Parliamentary Counsel absence of evidence to the contrary, is proof of the facts and matters contained in it. (19) Subsections (9), (10), (11) and (12) apply in respect of a certificate referred to in subsection (18) as if the certificate was given under this section. 48ZC Evidentiary provisions—oral fluid samples (1) In this section— approved analyst means a person who by virtue of subsection (2) is to be taken to be a properly qualified analyst for the purposes of this section; approved expert means a person who by virtue of subsection (3) is to be taken to be a properly qualified expert for the purposes of this section; approved laboratory means an approved laboratory within the meaning of section 57B of the Road Safety Act 1986; properly qualified analyst means— (a) an approved analyst; or (b) a person who carries out an analysis in an approved laboratory; or (c) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (6); -- 54 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 51 Authorised by the Chief Parliamentary Counsel properly qualified expert means— (a) an approved expert; or (b) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to express an opinion as to the facts and matters contained in a certificate under subsection (7). (2) A person who is an approved analyst within the meaning of section 57B of the Road Safety Act 1986 is to be taken to be a properly qualified analyst for the purposes of this section. (3) A person who is an approved expert within the meaning of section 57A of the Road Safety Act 1986 is to be taken to be a properly qualified expert for the purposes of this section. (4) If a question as to the presence of a drug in the body of a rail safety worker at any time is relevant in a hearing for an offence against section 128 of the Rail Safety National Law (Victoria) or section 48H then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given— (a) of the furnishing by that rail safety worker, within 3 hours after that rail safety worker carried out rail safety work, of a sample of oral fluid; (b) of the analysis of that sample of oral fluid by a properly qualified analyst within 12 months after it was taken; -- 55 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 52 Authorised by the Chief Parliamentary Counsel (c) of the presence of a drug in that sample of oral fluid at the time of analysis; (d) by a properly qualified expert of the usual effect of that drug on behaviour when consumed or used (including its effect on a rail safety worker's ability to carry out rail safety work properly). (5) A certificate containing the prescribed particulars purporting to be signed by the person who carried out the procedure in the course of which the sample was provided is admissible in evidence in any hearing referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (6) A certificate, containing the prescribed particulars, as to the presence in any sample of oral fluid of a substance that is, or is capable of being, a prescribed drug for the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and this Part— (a) purporting to be signed by an approved analyst; and (b) stating that the sample of oral fluid was analysed in an approved laboratory— is admissible in evidence in any hearing referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (7) A certificate containing the prescribed particulars purporting to be signed by an approved expert as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a rail safety worker's -- 56 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 53 Authorised by the Chief Parliamentary Counsel ability to carry out rail safety work properly) is admissible in evidence in any hearing referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. (8) A certificate given under this section must not be tendered in evidence at a hearing referred to in subsection (4) without the consent of the accused unless a copy of the certificate is proved to have been personally served on the accused more than 10 days before the day on which the certificate is tendered in evidence. (9) An affidavit or statutory declaration by the person who has personally served a copy of the certificate on the accused is admissible in evidence at a hearing referred to in subsection (4) and, as to the service of the copy, is proof, in the absence of evidence to the contrary, of the facts and matters deposed to in the affidavit or stated in the statutory declaration. (10) An accused who has been served with a copy of a certificate given under this section may, with the leave of the court and not otherwise, require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of oral fluid was furnished, to attend at all subsequent proceedings for cross-examination and that person must attend accordingly. (11) The court must not grant leave under subsection (10) unless it is satisfied— (a) that the informant has been given at least 7 days' notice of the hearing of the application for leave and has been -- 57 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 54 Authorised by the Chief Parliamentary Counsel given an opportunity to make a submission to the court; and (b) that— (i) there is a reasonable possibility that the oral fluid referred to in a certificate given by an analyst under subsection (6) was not that of the accused; or (ii) there is a reasonable possibility that the oral fluid referred to in a certificate given under subsection (5) had become contaminated in such a way that a drug found on analysis would not have been found had the oral fluid not been contaminated in that way; or (iii) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. (12) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any person employed, or engaged to provide services at, the place at which the sample of oral fluid was furnished, to attend the court on the hearing of an application for leave under subsection (10). 48ZD Evidentiary provisions—breath tests (1) If— (a) the question whether a rail safety worker was or was not at any time under the influence of alcohol; or -- 58 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 55 Authorised by the Chief Parliamentary Counsel (b) the presence, or the concentration, of alcohol in the breath of a rail safety worker at any time; or (c) a result of a breath analysis of a rail safety worker— is relevant on a hearing for an offence against section 128 of the Rail Safety National Law (Victoria) or section 48H then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given of the concentration of alcohol indicated to be present in the breath of that person by a breath analysing instrument operated by a person authorised to do so by the Chief Commissioner of Police under section 48M and the concentration of alcohol so indicated is, subject to compliance with section 48M(6), evidence of the concentration of alcohol present in the breath of that person at the time that person's breath is analysed by the instrument. (2) A document purporting to be a certificate containing the prescribed particulars produced by a breath analysing instrument of the concentration of alcohol indicated by the analysis to be present in the breath of a person and purporting to be signed by the person who operated the instrument is admissible in evidence in a proceeding referred to in subsection (1) and, subject to subsection (8), is conclusive proof of— (a) the facts and matters contained in it; and (b) the fact that the instrument used was a breath analysing instrument; and -- 59 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 56 Authorised by the Chief Parliamentary Counsel (c) the fact that the person who operated the instrument was authorised to do so by the Chief Commissioner of Police under section 48M; and (d) the fact that all relevant regulations relating to the operation of the instrument were complied with; and (e) the fact that the instrument was in proper working order and properly operated; and (f) the fact that the certificate is identical in its terms to another certificate produced by the instrument in respect of the sample of breath and that it was signed by the person who operated the breath analysing instrument and given to the accused person as soon as practicable after the sample of breath was analysed— unless the accused person gives notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that the accused person requires the person giving the certificate to be called as a witness or that the accused person intends to adduce evidence in rebuttal of any such fact or matter. (3) A certificate referred to in subsection (2) does not cease to be admissible in evidence or to be conclusive proof of the facts and matters referred to in that subsection only because of the fact that it refers to the Road Safety Act 1986 and not to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 and the reference to the Road Safety Act 1986 in -- 60 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 57 Authorised by the Chief Parliamentary Counsel that certificate and in each other certificate produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Rail Safety National Law (Victoria) or the Rail Safety National Law Application Act 2013 (as the case requires). (4) A notice under subsection (2) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence which the accused person intends to have adduced at the hearing. (5) The accused person may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (2). (6) If an accused person gives notice to the informant in accordance with subsection (2) that the accused person requires the person giving a certificate to be called as a witness and the court is satisfied that that person— (a) is dead; or (b) is unfit by reason of the person's bodily or mental condition to testify as a witness; or (c) has ceased to be a police officer or is out of Victoria and it is not reasonably practicable to secure the person's attendance; or (d) cannot with reasonable diligence be found— the court must order that subsection (2) has effect as if the notice had not been given. -- 61 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 58 Authorised by the Chief Parliamentary Counsel (7) A certificate referred to in subsection (2) remains admissible in evidence even if the accused person gives a notice under that subsection but, in that event, the certificate ceases to be conclusive proof of the facts and matters referred to in that subsection. (8) Nothing in subsection (2) prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in subsection (2) and, if the informant does so, the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. (9) In any proceeding under the Rail Safety National Law (Victoria) or this Act— (a) the statement of any person that on a particular date the person was authorised by the Chief Commissioner of Police under section 48M(7) to operate breath analysing instruments; or (b) a certificate purporting to be signed by the Chief Commissioner of Police that a person named in it is authorised by the Chief Commissioner of Police under section 48M(7) to operate breath analysing instruments— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the authority of that person. (10) Evidence by a person authorised to operate a breath analysing instrument under section 48M— (a) that an apparatus used by the person on any occasion under that section was a breath analysing instrument; -- 62 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 59 Authorised by the Chief Parliamentary Counsel (b) that the breath analysing instrument was on that occasion in proper working order and properly operated by that person; (c) that, in relation to the breath analysing instrument, all regulations with respect to breath analysing instruments were complied with— is, in the absence of evidence to the contrary, proof of those facts. (11) The statement on oath of a person authorised to operate a breath analysing instrument under section 48M when called as a witness that any apparatus used by the person on any occasion under section 48M had written, inscribed or impressed on some portion of it or on a plate attached to it the expressions— (a) "Alcotest 7110" and "3530791"; or (b) "Alcotest 9510AUS" and "8320869"— whether with or without other expressions or abbreviations of expressions, commas, full stops, hyphens or other punctuation marks and whether or not all or any of the numbers are boxed in is, in the absence of evidence to the contrary, proof that the apparatus is a breath analysing instrument. Division 5—Other matters 48ZE Approvals (1) An authority given under or for the purposes of section 48M, 48P or 48R by the Chief Commissioner of Police may be revoked at any time in the manner in which it was given and on revocation ceases to have any effect. -- 63 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 60 Authorised by the Chief Parliamentary Counsel (2) If it is provided by or under this Part that the Minister or the Chief Commissioner of Police or any other person may approve of any type or kind of apparatus or equipment— (a) the approval must be given by notice published in the Government Gazette; and (b) any withdrawal of approval must be made by notice published in the Government Gazette.'. 18 Regulations (1) After section 51(1) of the Principal Act insert— "(1A) The Governor in Council may make regulations for or with respect to— (a) devices for the purposes of sections 126 and 127 of the Rail Safety National Law (Victoria) and section 48L including— (i) the handling, storage, use and maintenance of those devices; (ii) the precautions to be taken and the procedures and methods to be employed in the use of those devices for ensuring that they give accurate and reliable results; (b) the handling, storage, use and maintenance of breath analysing instruments used for the purposes of Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A and the procedures and methods to be employed in the use of those instruments for ensuring that they give accurate and reliable results; -- 64 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 61 Authorised by the Chief Parliamentary Counsel (c) the methods and conditions to be observed by— (i) registered medical practitioners and approved health professionals in collecting blood, oral fluid or urine samples; and (ii) authorised persons in collecting oral fluid samples; (d) the persons responsible for the safe- keeping of samples of blood, oral fluids and urine taken under Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A; (e) the delivering of portions of a sample of blood, oral fluids or urine taken under Division 9 of Part 3 of the Rail Safety National Law (Victoria) and Division 3 of Part 4A to the rail safety worker from whom it was taken and to the person who required it to be taken or a police officer; (f) the methods to be used by analysts in determining the concentration of alcohol in a blood sample; (g) the methods to be used by analysts in determining the presence of a substance in a blood, oral fluid or urine sample; (h) the procedures to be adopted in transmitting samples of blood, oral fluid or urine to an analyst for analysis; -- 65 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 62 Authorised by the Chief Parliamentary Counsel (i) the regulation and control of people concerned in the taking, safe-keeping, delivering and analysis of blood, oral fluid or urine samples.". (2) After section 51(2)(b) of the Principal Act insert— "(ba) require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); (bb) apply, adopt or incorporate any matter contained in any document whether— (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time or as in force from time to time; (bc) provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified;". -- 66 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 63 Authorised by the Chief Parliamentary Counsel Division 3—Savings and transitionals 19 New Part 8 inserted After Part 7 of the Principal Act insert— "Part 8—Savings and transitionals—Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 Division 1—Preliminary 159 Definitions In this Part— amending Act means the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019; approved rail safety code of practice means a code of practice within the meaning of the Local Operations Act; commencement day means the day on which section 118 of the amending Act comes into operation; Note Section 118 of the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 repeals the Rail Safety (Local Operations) Act 2006. -- 67 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 64 Authorised by the Chief Parliamentary Counsel Local Operations Act means the Rail Safety (Local Operations) Act 2006 as in force from time to time before the commencement day; Local Operations Act accreditation means an accreditation under the Local Operations Act that is in effect immediately before the commencement day; Local Operations Act rail infrastructure means rail infrastructure within the meaning of the Local Operations Act; Local Operations Act safety management system means a safety management system within the meaning of the Local Operations Act; rail compliance and investigative purposes means purposes— (a) related to ascertaining whether a rail safety law has been, or is being, complied with, including whether an offence has been committed against the rail safety law; and (b) related to ascertaining whether an approved rail safety code of practice has been, or is being, complied with; and (c) related to an investigation into a rail safety matter; and (d) related to an audit under Division 5 of Part 3 of the Local Operations Act; -- 68 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 65 Authorised by the Chief Parliamentary Counsel rail safety law means— (a) the Local Operations Act or any regulations made under that Act; or (b) a provision of the T(SSCE) Act that but for the amendment of that Act by the amending Act would still be in force; or (c) section 23 of the Crimes Act 1958 but only in relation to conduct engaged in by a person on or at, or in the immediate vicinity of, Local Operations Act rail infrastructure or rolling stock that places or may place another person in danger of serious injury; rail safety matter means an incident involving Local Operations Act rail infrastructure or rolling stock that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example— (a) any derailment of any rolling stock; (b) any collision involving any rolling stock; (c) any incident resulting from the construction, maintenance or operation of a railway; (d) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock; -- 69 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 66 Authorised by the Chief Parliamentary Counsel (e) any failure or breach of any practice or procedure involving rolling stock; (f) any fire, explosion or other similar occurrence involving rolling stock; (g) any incident in which there is evidence of systematic safety deficiencies; rail T(SSCE) Act improvement notice means an improvement notice within the meaning of the T(SSCE) Act served in relation to— (a) the contravention of a provision of a rail safety law; or (b) railway operations that threaten safety or other operations that threaten rail safety; rail T(SSCE) Act non-disturbance notice means a non-disturbance notice within the meaning of the T(SSCE) Act served in relation to T(SSCE) Act railway premises or rolling stock; rail T(SSCE) Act prohibition notice means a prohibition notice within the meaning of the T(SSCE) Act served in relation to railway operations, T(SSCE) Act railway premises, Local Operations Act rail infrastructure or rolling stock; registered person has the same meaning as in the Local Operations Act; relevant road authority has the same meaning as in the Local Operations Act; -- 70 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 67 Authorised by the Chief Parliamentary Counsel transitioning rail infrastructure manager means a rail infrastructure manager within the meaning of the Local Operations Act who on and after the commencement day is a rail infrastructure manager within the meaning of the Law; transitioning rail transport operator means— (a) a transitioning rail infrastructure manager; or (b) a transitioning rolling stock operator; or (c) a person who is both a transitioning rail infrastructure manager and a transitioning rolling stock operator; transitioning rolling stock operator means a rolling stock operator within the meaning of the Local Operations Act who on and after the commencement day is a rolling stock operator within the meaning of the Law; transport safety officer means a person appointed under section 116 of the T(SSCE) Act whose appointment is in effect from time to time before the commencement day; T(SSCE) Act means the Transport (Safety Schemes Compliance and Enforcement) Act 2014 as in force from time to time before the commencement day; T(SSCE) Act railway premises means railway premises within the meaning of the T(SSCE) Act. -- 71 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 68 Authorised by the Chief Parliamentary Counsel 160 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. Division 2—Transition from the Rail Safety (Local Operations) Act 2006 161 Persons approved to take blood samples On the commencement day, a person approved under section 8 of the Local Operations Act whose approval is in effect immediately before that day is taken to have been approved under section 48B for the purposes of this Act and the Law. Note See also paragraph (b) of the definition of approved health professional in section 48A. 162 Safety management systems (1) This section applies if a transitioning rail transport operator has in place a Local Operations Act safety management system immediately before the commencement day. (2) On the commencement day the Local Operations Act safety management system is taken to be a safety management system approved by the Regulator under Division 6 of Part 3 of the Law. 163 Consultations for the purpose of safety management systems (1) This section applies if a transitioning rail transport operator has commenced but not determined, before the commencement day, consultation for the purposes of establishing -- 72 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 69 Authorised by the Chief Parliamentary Counsel a Local Operations Act safety management system. (2) On and after the commencement day, that consultation is taken to be consultation to which section 99(3) of the Law applies. 164 System and arrangements established by transitioning rail operator who is exempt from accreditation A system and arrangements established by a transitioning rail transport operator pursuant to section 28B of the Local Operations Act that are in effect immediately before the commencement day are taken, on that day, to be a system and arrangements established under Subdivision 1 of Division 6 of Part 3 of the Law. 165 Safety audits A safety audit conducted under section 29 of the Local Operations Act in relation to a transitioning rail transport operator before the commencement day is taken on that day to be an audit under section 133 of the Law. 166 Directions to stop railway operations or utility works (1) A direction given under section 33(1) of the Local Operations Act to a person that is a utility within the meaning of that Act that is in effect immediately before the commencement day is taken, on that day, to be a direction given to that person under section 199(2) of the Law. (2) A direction given to a transitioning rail transport operator under section 33(2) of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be a direction given -- 73 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 70 Authorised by the Chief Parliamentary Counsel to that operator under section 199(3) of the Law. 167 Directions to alter, demolish or take away works (1) On the commencement day, a direction— (a) given under section 34(1) of the Local Operations Act to a person that is a utility within the meaning of that Act and who has care, control or management of the land where the works are situated; and (b) that is in effect immediately before that day— is taken to be a direction given to that person under section 199(5) of the Law. (2) On the commencement day, a direction— (a) given under section 34(1) of the Local Operations Act to a transitioning rail transport operator who has care, control or management of the land where the Local Operations Act rail infrastructure the operator controls is situated; and (b) that is in effect immediately before that day— is taken to be a direction given to that operator under section 199(5) of the Law. 168 Safety interface agreements—railway operations A safety interface agreement entered into by a transitioning rail transport operator pursuant to section 34B of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be an interface agreement -- 74 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 71 Authorised by the Chief Parliamentary Counsel entered into by them pursuant to section 106 of the Law. 169 Safety interface agreements—rail infrastructure and public roadways or pathways A safety interface agreement entered into by a transitioning rail infrastructure manager pursuant to section 34C of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be an interface agreement entered into by them pursuant to section 107(1) of the Law. 170 Safety interface agreements—rail infrastructure and relevant roadways or pathways A safety interface agreement entered into by a transitioning rail infrastructure manager pursuant to section 34D of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be an interface agreement entered into by them pursuant to section 108(1) of the Law. 171 Safety interface agreements—assessment by relevant road authorities of public roadways or pathways A safety interface agreement entered into by a relevant road authority pursuant to section 34E of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be an interface agreement entered into by them pursuant to section 107(2) of the Law if they are, on and after that day, a road manager under that Law. -- 75 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 72 Authorised by the Chief Parliamentary Counsel 172 Safety interface agreements—assessment by relevant road authorities of relevant roadways or pathways A safety interface agreement entered into by a relevant road authority pursuant to section 34F of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be an interface agreement entered into by them pursuant to section 108(2) of the Law if they are, on and after that day, a road manager under that Law. 173 Written notices of Safety Director in relation to safety interface agreements A written notice served on a transitioning rail transport operator or a relevant road authority under section 34J(2) of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be a written notice given to that person under section 110(2) of the Law. 174 Directions of Safety Director in relation to safety interface agreements A direction under section 34J(5)(b) of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be a direction under section 110(4)(b) of the Law. 175 Registers of safety interface agreements (1) A register maintained by a transitioning rail transport operator pursuant to section 34K(1) of the Local Operations Act is taken, on and after the commencement day, to be a register maintained by the operator pursuant to section 111(1) of the Law. -- 76 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 73 Authorised by the Chief Parliamentary Counsel (2) A register maintained by a relevant road authority pursuant to section 34K(2) of the Local Operations Act is taken, on and after the commencement day, to be a register maintained by the authority pursuant to section 111(2) of the Law. 176 Accredited rail transport operators are accredited persons A transitioning rail transport operator who is an accredited rail transport operator within the meaning of the Local Operations Act immediately before the commencement day is taken, on that day, to be an accredited person. 177 Accreditations under Rail Safety (Local Operations) Act 2006 are accreditations under the Law An accreditation within the meaning of the Local Operations Act that is in effect before the commencement day is taken, on that day, to be— (a) an accreditation under the Law; and (b) subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the accreditation under the Local Operations Act immediately before the commencement day. Note See also section 187 for accreditations that are in effect on the commencement day but will be cancelled on or after that day. -- 77 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 74 Authorised by the Chief Parliamentary Counsel 178 Accreditations to be registered in National Rail Safety Register (1) On and after the commencement day, the Safety Director must give to the Regulator details of every accreditation within the meaning of the Local Operations Act to which sections 177 and 187 apply. (2) The Regulator must record in the National Rail Safety Register the details given to the Regulator under subsection (1). 179 Applications for accreditation (1) This section applies if— (a) a transitioning rail transport operator has made an application under section 38(1) or (2) of the Local Operations Act before the commencement day (an accreditation application); and (b) the Safety Director has not determined the accreditation application under Division 2 of Part 5 of the Local Operations Act before that day; and (c) an application has not been made under section 88 of the Local Operations Act in relation to the accreditation application before that day. Note For initial accreditations in relation to which there are internal reviews that have not been completed before the commencement day, see section 189. (2) On the commencement day, the accreditation application is taken to be an application under section 64 of the Law and the -- 78 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 75 Authorised by the Chief Parliamentary Counsel Regulator must determine the application under that Law on and after that day. (3) For the purposes of subsection (2), anything done by the Safety Director under the Local Operations Act in respect of the accreditation application before the commencement day is taken on that day to have been done by the Regulator under the Law. (4) In addition— (a) any period during which the Safety Director is considering the accreditation application under the Local Operations Act before the commencement day is taken, on that day, to form part of the relevant period for the purposes of section 67 of the Law; and (b) any notification under section 44(3) of the Local Operations Act in relation to the accreditation application is taken, on the commencement day, to be a written notice under paragraph (c) of the definition of relevant period (as defined under section 67(5) of the Law). 180 Directions to coordinate accreditation applications (1) Subject to subsection (2), a direction of the Safety Director under section 43 of the Local Operations Act that is in effect immediately before the commencement day is taken, on that day, to be a direction of the Regulator under section 66 of the Law. (2) Subsection (1) does not apply to a direction under section 43 of the Local Operations Act that is in effect immediately before the commencement day and is the subject of a -- 79 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 76 Authorised by the Chief Parliamentary Counsel review under section 88 of that Act that has not been completed before that day. Note See also section 189. 181 Emergency plan An emergency plan prepared by a transitioning rail transport operator that is in effect for the purposes the Local Operations Act before the commencement day is taken, on that day, to be an emergency management plan that the rail transport operator is required to have under section 113 of the Law. 182 Discretionary applications for variations of accreditation (1) This section applies if— (a) a transitioning rail transport operator has made an application under section 53 of the Local Operations Act before the commencement day (a variation application); and (b) the Safety Director has not determined that application before that day. (2) On the commencement day the variation application is taken to be an application under section 68(1) of the Law and the Regulator must determine the application under that Law on and after that day. (3) For the purposes of subsection (2), anything done by the Safety Director under the Local Operations Act in respect of the variation application before the commencement day is taken on that day to have been done by the Regulator under the Law. -- 80 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 77 Authorised by the Chief Parliamentary Counsel 183 Mandatory applications for variations of accreditation (1) This section applies if— (a) a transitioning rail transport operator has made an application under section 54 of the Local Operations Act before the commencement day (a mandatory variation application); and (b) the Safety Director has not determined the mandatory variation application before that day. (2) On the commencement day the mandatory variation application is taken to be an application under section 68(2) of the Law and the Regulator must determine the application under that Law on and after that day. (3) For the purposes of subsection (2), anything done by the Safety Director under the Local Operations Act in respect of the mandatory variation application before the commencement day is taken on that day to have been done by the Regulator under the Law. 184 Variation, revocation or imposition of condition of or restriction on accreditation by Safety Director (1) This section applies if before the commencement day— (a) the Safety Director has— (i) decided under section 55(1) of the Local Operations Act to vary or revoke a condition of or restriction on, or impose a new condition of -- 81 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 78 Authorised by the Chief Parliamentary Counsel or restriction on, an accreditation within the meaning of that Act held by a transitioning rail transport operator; and (ii) given written notice to the operator under section 55(2)(a) of that Act before the commencement day; and (b) the Safety Director has not taken any action under that section before that day. (2) On and after the commencement day— (a) the decision under section 55(1) of the Local Operations Act is taken to be a decision of the Regulator under section 72 of the Law; and (b) that notice is taken to be notice given to the transitioning rail transport operator by the Regulator under section 72(2)(a) of the Law; and (c) the Regulator may act under section 72 of the Law as if the Regulator took the decision to do so under that section. (3) For the purposes of subsection (2)(b), any period of days within which the transitioning rail transport operator is allowed to make written representations under section 55(2)(b) of the Local Operations Act before the commencement day is taken, on the commencement day, to form part of the period of days allowed for written representations under section 72(2)(b) of the Law. -- 82 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 79 Authorised by the Chief Parliamentary Counsel 185 Surrender of accreditation (1) This section applies if— (a) a transitioning rail transport operator holds an accreditation within the meaning of the Local Operations Act; and (b) has requested the Safety Director to consent to the surrender of that accreditation under section 56 of that Act before the commencement day; and (c) the Safety Director has not given their consent before that day. (2) On the commencement day, that request is taken to be written notice of an intention to surrender the accreditation under section 75(2)(a) of the Law and the Regulator must deal with it under that section. 186 Suspended accreditations (1) This section applies if— (a) an accreditation within the meaning of the Local Operations Act held by a transitioning rail transport operator has been suspended under section 58 or 59 of the Local Operations Act before the commencement day; and (b) that suspension is in effect immediately before that day. (2) On the commencement day, the suspension— (a) is taken to be a suspension of that operator's accreditation under section 73 or 74 of the Law, as the case requires; and -- 83 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 80 Authorised by the Chief Parliamentary Counsel (b) continues in effect until the date set by the Safety Director under the Local Operations Act. 187 Cancellations of accreditations that have not taken effect (1) This section applies if— (a) an accreditation within the meaning of the Local Operations Act held by a transitioning rail transport operator has been cancelled under section 59 of the Local Operations Act before the commencement day; and (b) that cancellation will take effect on or after the commencement day. (2) On the commencement day, the cancellation is taken to be a cancellation of that operator's accreditation under section 73(2)(b) of the Law on the day on which that cancellation would have taken effect if the Local Operations Act had not been repealed. 188 Accreditation of rail infrastructure managers of registered private sidings that are freight terminals (1) This section applies if immediately before the commencement day a transitioning rail infrastructure manager is a registered person in respect of a private siding that is a freight terminal. (2) On the commencement day, the transitioning rail infrastructure manager is taken to be an accredited person under the Law who holds an accreditation under the Law that is subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the manager's registration under Division 7 of Part 5 of the Local Operations -- 84 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 81 Authorised by the Chief Parliamentary Counsel Act immediately before the commencement day. 189 Pending applications for internal review (1) This section applies if— (a) an application has been made under section 88 of the Local Operations Act before the commencement day in relation to a decision specified in the Table (a review application); and (b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day. Table Item Decision 1 Decision that refuses an application for accreditation under Division 2 of Part 5 of the Local Operations Act 2 Decision under section 43 of the Local Operations Act that directs a person to co-ordinate their application for accreditation under Division 2 of Part 5 of that Act 3 Decision under section 46 of the Local Operations Act that imposes a condition on, or restricts the scope of, a transitioning rail transport operator's accreditation under Division 2 of Part 5 of that Act 4 Decision under section 53 of the Local Operations Act that refuses to grant a variation of a condition or restriction of a transitioning rail transport operator's Local Operations Act accreditation 5 Decision under section 53 of the Local Operations Act that refuses to agree to a revocation of a condition or restriction of a transitioning rail transport operator's Local Operations Act accreditation -- 85 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 82 Authorised by the Chief Parliamentary Counsel Item Decision 6 Decision under section 54 of the Local Operations Act that refuses to vary a transitioning rail transport operator's accreditation 7 Decision under section 55 of the Local Operations Act that varies or revokes a condition of or restriction on a transitioning rail transport operator's Local Operations Act accreditation 8 Decision under section 55 of the Local Operations Act that imposes a condition of or restriction on a transitioning rail transport operator's Local Operations Act accreditation 9 Decision under section 56 of the Local Operations Act that refuses consent to the surrender of a transitioning rail transport operator's Local Operations Act accreditation 10 Decision under section 58 of the Local Operations Act that immediately suspends a transitioning rail transport operator's Local Operations Act accreditation (2) On the commencement day the review application is taken to be an application under section 216 of the Law in a form approved by the Regulator under that section and the Regulator must determine the application on and after that day in accordance with the Law. (3) For the purposes of subsection (2)— (a) anything done by the Safety Director under the Local Operations Act in respect of the review application before the commencement day is taken on that day to have been done by the Regulator under the Law; and -- 86 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 83 Authorised by the Chief Parliamentary Counsel (b) the commencement day is taken to be the day on which the review application was made. 190 Internal review of decision to take disciplinary action—imposition of new condition or restriction (1) This section applies if— (a) an application is made under section 88 of the Local Operations Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 59 of the Local Operations Act that imposes a condition or restriction on the operator's Local Operations Act accreditation (the reviewable decision); and Note See section 59(3)(b)(ii) of the Rail Safety (Local Operations) Act 2006. (b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day. (2) Despite the repeal of the Local Operations Act, on and after the commencement day, the Regulator must complete the review in accordance with that Act as if— (a) that Act were still in force; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. (3) If under section 88 of the Local Operations Act the Regulator affirms the reviewable decision (the new decision), the transitioning -- 87 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 84 Authorised by the Chief Parliamentary Counsel rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to— (a) a condition or restriction that is the same as the condition or restriction imposed under the reviewable decision; and (b) conditions and restrictions that are the same as all the other conditions or restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. (4) If under section 88 of the Local Operations Act the Regulator varies or sets aside the reviewable decision and imposes a condition or restriction on the operator's Local Operations Act accreditation that differs from that imposed under the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to— (a) the condition or restriction imposed under the new decision; and (b) conditions and restrictions that are the same as all the other conditions or restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. (5) If under section 88 of the Local Operations Act the Regulator sets aside the reviewable decision (the new decision), the transitioning -- 88 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 85 Authorised by the Chief Parliamentary Counsel rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to the conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. 191 Internal review of decision to take disciplinary action—imposition of expiry date on accreditation (1) This section applies if— (a) an application is made under section 88 of the Local Operations Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 59 of the Local Operations Act (the reviewable decision) that imposes an expiry date on the operator's Local Operations Act accreditation; and Note See section 59(3)(b)(iii) of the Rail Safety (Local Operations) Act 2006. (b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day. (2) Despite the repeal of the Local Operations Act, on and after the commencement day, the Regulator must complete the review in accordance with that Act as if— (a) that Act were still in force; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. -- 89 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 86 Authorised by the Chief Parliamentary Counsel (3) If under section 88 of the Local Operations Act the Regulator affirms the reviewable decision (the new decision), the transitioning rail transport operator's Local Operations Act accreditation is taken, on the day the new decision takes effect, to be cancelled by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the reviewable decision as the date of expiry of the accreditation. (4) If under section 88 of the Local Operations Act the Regulator varies or sets aside the reviewable decision and imposes a date of expiry on the operator's accreditation that differs from that imposed under the reviewable decision (the new decision), the transitioning rail transport operator's Local Operations Act accreditation is taken, on the day the new decision takes effect, to be cancelled by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the new decision as the date of expiry of the accreditation. (5) If under section 88 of the Local Operations Act the Regulator sets aside the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision of the Regulator takes effect, to be an accredited person holding an accreditation under the Law subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. -- 90 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 87 Authorised by the Chief Parliamentary Counsel 192 Internal review of decision to take disciplinary action—suspension (1) This section applies if— (a) an application is made under section 88 of the Local Operations Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 59 of the Local Operations Act to suspend the operator's Local Operations Act accreditation (the reviewable decision); and Note See section 59(3)(b)(iv) of the Rail Safety (Local Operations) Act 2006. (b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day. (2) Despite the repeal of the Local Operations Act, on and after the commencement day, the Regulator must complete the review in accordance with that Act as if— (a) that Act were still in force; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. (3) If under section 88 of the Local Operations Act the Regulator affirms the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person— -- 91 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 88 Authorised by the Chief Parliamentary Counsel (a) holding an accreditation under the Law subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision; and (b) whose accreditation has been suspended by the Regulator under section 73(2)(a) of the Law until the day on which the suspension ends. (4) If under section 88 of the Local Operations Act the Regulator varies the reviewable decision and imposes a new period of suspension (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person— (a) holding an accreditation under the Law subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision; and (b) whose accreditation has been suspended by the Regulator under section 73(2)(a) of the Law until the day on which that new period of suspension ends. (5) If under section 88 of the Local Operations Act the Regulator sets aside the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to conditions and restrictions -- 92 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 89 Authorised by the Chief Parliamentary Counsel that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. 193 Internal review of decision to take disciplinary action—cancellation (1) This section applies if— (a) an application is made under section 88 of the Local Operations Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 59 of the Local Operations Act (the reviewable decision) to cancel the operator's Local Operations Act accreditation; and Note See section 59(3)(b)(v) of the Rail Safety (Local Operations) Act 2006. (b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day. (2) Despite the repeal of the Local Operations Act, on and after the commencement day, the Regulator must complete the review in accordance with that Act as if— (a) that Act were still in force; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. (3) If under section 88 of the Local Operations Act the Regulator affirms the reviewable decision (the new decision), the transitioning rail transport operator's Local Operations Act -- 93 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 90 Authorised by the Chief Parliamentary Counsel accreditation is taken, on the day the new decision takes effect, to be cancelled by the Regulator under section 73(2)(b) of the Law. (4) If under section 88 of the Local Operations Act the Regulator sets aside the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision. Division 3—Transition on amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 194 Things seized under seizure power (1) This section applies if— (a) a transport safety officer seizes a thing under section 8 of the T(SSCE) Act at T(SSCE) Act railway premises or on rolling stock before the commencement day; and (b) the thing seized is in the possession or control of the officer or Safety Director immediately before that day. (2) On the commencement day, the thing seized is taken to have been seized at railway premises under section 158 of the Law by that officer as if they were a rail safety officer. -- 94 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 91 Authorised by the Chief Parliamentary Counsel 195 Securing a site or restricting access to rolling stock A site, the perimeter of which is secured for rail compliance and investigative purposes, or rolling stock to which access is restricted, under section 16 of the T(SSCE) Act immediately before the commencement day is taken on and after that day to be secured under section 149 of the Law. 196 Things seized under a search warrant (1) This section applies if— (a) a transport safety officer seizes a thing under a search warrant issued under section 18 of the T(SSCE) Act; and (b) the search warrant was issued in relation to an offence against a rail safety law; and (c) the thing seized is in the possession or control of the officer or Safety Director immediately before that day. (2) On the commencement day, the thing seized is taken to have been seized under a search warrant issued under section 150 of the Law by that officer as if they were a rail safety officer. 197 Search warrant (1) This section applies if— (a) a search warrant has been issued under section 18 of the T(SSCE) Act in relation to a rail safety law; and (b) the search warrant has not been executed before the commencement day. -- 95 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 92 Authorised by the Chief Parliamentary Counsel (2) On and after the commencement day, the search warrant is taken to have been issued under section 150 of the Law. 198 Direction to require production of document (1) This section applies if— (a) a transport safety officer has given a direction to a person under section 22 of the T(SSCE) Act before the commencement day to produce a document within a specified period that ends on or after that day; and (b) the person has not produced that document before that day. (2) On the commencement day, the direction is taken to be a direction under section 168A of the Law given by the Regulator and the day that the specified period ends is taken to be a specified time for the purposes of section 168A of that Law. 199 Powers to support seizure (1) A relevant direction given under section 29 of the T(SSCE) Act before the commencement day that has not been complied with before that day is taken, on that day, to be a direction given under section 159 of the Law. (2) In this section— relevant direction means a direction that relates to the seizure of a thing— (a) at T(SSCE) Act railway premises or on rolling stock; or -- 96 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 93 Authorised by the Chief Parliamentary Counsel (b) under a search warrant issued— (i) under section 18 of the T(SSCE) Act; and (ii) in relation to an offence against a rail safety law. 200 Power to direct a things return (1) A relevant direction given under section 30 of the T(SSCE) Act before the commencement day that has not been complied with before that day is taken, on that day, to be a direction given under section 160 of the Law. (2) In this section— relevant direction means a direction in relation to a thing seized— (a) at T(SSCE) Act railway premises or on rolling stock; or (b) under a search warrant issued— (i) under section 18 of the T(SSCE) Act; and (ii) in relation to an offence against a rail safety law. 201 Receipt of seized things (1) This section applies if— (a) a receipt was given under section 31 of the T(SSCE) Act before the commencement day in respect of a thing seized— (i) at T(SSCE) Act railway premises or on rolling stock; or -- 97 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 94 Authorised by the Chief Parliamentary Counsel (ii) under a search warrant issued— (A) under section 18 of the T(SSCE) Act; and (B) in relation to an offence against a rail safety law; and (b) that thing is taken under section 194 or 196 to be a thing seized under section 158 or 150 of the Law, as the case requires. (2) On the commencement day, the receipt is taken to be a receipt given under section 161 of the Law. 202 Power to require production of documents and to answer questions A direction given under section 43 of the T(SSCE) Act for rail compliance and investigative purposes before the commencement day that has not been complied with before the commencement day is taken, on that day, to be a requirement made under section 154 of the Law. 203 Improvement notices A rail T(SSCE) Act improvement notice served before the commencement day that has not been cancelled under section 55 of the T(SSCE) Act before the commencement day is taken, on that day, to be an improvement notice issued under section 175 of the Law. 204 Prohibition notices A rail T(SSCE) Act prohibition notice served before the commencement day that has not been withdrawn under section 65 of the T(SSCE) Act before the commencement day -- 98 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 95 Authorised by the Chief Parliamentary Counsel is taken, on that day, to be a prohibition notice issued under section 179 of the Law. 205 Non-disturbance notices A rail T(SSCE) Act non-disturbance notice served before the commencement day that has not been cancelled under section 75 of the T(SSCE) Act before the commencement day is taken, on that day, to be a non-disturbance notice issued under section 182 of the Law. 206 Injunctions for non-compliance with notices (1) A relevant injunction granted after an application under section 82 of the T(SSCE) Act before the commencement day and that is still in effect on the commencement day is taken, on that day, to be an injunction granted after an application under section 197 of the Law. (2) In this section— relevant injunction means an injunction granted in relation to— (a) a rail T(SSCE) Act improvement notice; or (b) a rail T(SSCE) Act prohibition notice; or (c) a rail T(SSCE) Act non-disturbance notice. 207 Enforceable undertakings (1) This section applies if— (a) the Safety Director has accepted an undertaking by a transitioning rail transport operator under section 83 of -- 99 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 96 Authorised by the Chief Parliamentary Counsel the T(SSCE) Act before the commencement day; and (b) that undertaking has not been withdrawn before the commencement day. (2) On the commencement day, the undertaking is taken to be a rail safety undertaking by the transitioning rail transport operator accepted by the Regulator under section 251 of the Law. 208 Pending applications for internal review (1) This section applies if— (a) an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision specified in the Table (a review application); and (b) the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day. Table Item Decision 1 Decision under section 33 of the T(SSCE) Act in relation to a thing seized under section 8 of that Act at T(SSCE) Act railway premises or on rolling stock 2 Decision under section 33 of the T(SSCE) Act in relation to a thing seized under a search warrant issued under section 18 of that Act in relation to an offence against a rail safety law 3 Decision under section 50 of the T(SSCE) Act to serve a rail T(SSCE) Act improvement notice -- 100 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 97 Authorised by the Chief Parliamentary Counsel Item Decision 4 Decision under section 59 of the T(SSCE) Act to extend the compliance period for a rail T(SSCE) Act improvement notice 5 Decision under section 60 of the T(SSCE) Act to serve a rail T(SSCE) Act prohibition notice 6 Decision under section 71 of the T(SSCE) Act to serve a rail T(SSCE) Act non- disturbance notice 7 Decision under section 90 of the T(SSCE) Act directing the taking of specified action following a safety report (as defined by section 90(5) of that Act) 8 Decision under section 91(2) of the T(SSCE) Act directing work be stopped, altered or not commenced 9 Decision under section 91(3) of the T(SSCE) Act directing railway operations be stopped, altered or not commenced (2) On the commencement day the review application is taken to be an application under section 216 of the Law in a form approved by the Regulator under that section and the Regulator must determine the application on and after that day in accordance with the Law. (3) For the purposes of subsection (2)— (a) anything done by the Safety Director under the Local Operations Act in respect of the review application before the commencement day is taken on that day to have been done by the Regulator under the Law; and (b) the commencement day is taken to be the day on which the review application was made. -- 101 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 98 Authorised by the Chief Parliamentary Counsel 209 Internal review of decision to serve clearance certificate—improvement notice (1) This section applies if— (a) an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision to serve a clearance certificate for a rail T(SSCE) Act improvement notice under section 56(2)(a) of that Act (the reviewable decision); and (b) the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day. (2) On and after the commencement day, the Regulator must complete the review in accordance with the T(SSCE) Act as if— (a) that Act had not been amended by Part 3 of the amending Act; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. (3) If under section 100 of the T(SSCE) Act the Regulator affirms the reviewable decision (the new decision), the rail T(SSCE) Act improvement notice is taken, on the day the new decision takes effect, to be cancelled under section 190 of the Law. (4) If under section 100 of the T(SSCE) Act the Regulator sets aside the reviewable decision and substitutes a new decision under which no clearance certificate is issued in relation to the rail T(SSCE) Act improvement notice (the new decision), the rail T(SSCE) Act improvement notice is taken, on the day the new decision takes effect, to be an -- 102 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 99 Authorised by the Chief Parliamentary Counsel improvement notice issued under section 175 of the Law subject to all the requirements of the improvement notice. 210 Internal review of decision to serve certificate—prohibition notice (1) This section applies if— (a) an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision to serve a certificate for a rail T(SSCE) Act prohibition notice under section 66 of that Act (the reviewable decision); and (b) the review as provided under section 100 of the T(SSCE) Act has not been completed before the commencement day. (2) On and after the commencement day, the Regulator must complete the review in accordance with the T(SSCE) Act as if— (a) that Act had not been amended by Part 3 of the amending Act; and (b) a reference to the Safety Director in that Act were a reference to the Regulator. (3) If under section 100 of the T(SSCE) Act the Regulator affirms the reviewable decision (the new decision), the rail T(SSCE) Act prohibition notice is taken, on the day the new decision takes effect, to be cancelled under section 190 of the Law. (4) If under section 100 of the T(SSCE) Act the Regulator sets aside the reviewable decision and substitutes a new decision under which no certificate is issued in relation to the rail -- 103 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 100 Authorised by the Chief Parliamentary Counsel T(SSCE) Act prohibition notice (the new decision), the rail T(SSCE) Act prohibition notice is taken, on the day the new decision takes effect, to be a prohibition notice issued under section 179 of the Law subject to all the matters specified in the prohibition notice. 211 Effect of amendments on a proceeding for an offence against rail safety law committed before commencement day Despite the amendments made to the T(SSCE) Act by Part 3 of the amending Act, the T(SSCE) Act continues to apply to a proceeding for an offence against a rail safety law committed before the commencement day. Division 4—General 212 Provision of information and assistance by the Safety Director to the Regulator (1) On and after the commencement day, the Safety Director is authorised, on their own initiative or at the request of the Regulator— (a) to provide the Regulator with such information (including information given in confidence) in the possession or control of the Safety Director that is reasonably required by the Regulator or for the purposes of the Law and this Act (as amended by the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019); and -- 104 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 101 Authorised by the Chief Parliamentary Counsel (b) to provide the Regulator with such other assistance as is reasonably required by the Regulator to perform a function or duty or exercise a power conferred or imposed under the Law and this Act. (2) In subsection (1), information includes health information and personal information collected by the Safety Director in the exercise or performance of a function or power under the Local Operations Act. (3) Nothing done, or authorised to be done, by the Safety Director in acting under subsection (1)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. (4) This section applies despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006). -- 105 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 102 Authorised by the Chief Parliamentary Counsel (5) In this section— health information has the meaning given in section 3(1) of the Health Records Act 2001; personal information has the meaning given in section 3(1) of the Health Records Act 2001 and section 3 of the Privacy and Data Protection Act 2014. 213 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstance; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its -- 106 of 153 -- Part 2—Amendment of the Rail Safety National Law Application Act 2013 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 103 Authorised by the Chief Parliamentary Counsel making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument. (5) Sections 6 and 7 of the Subordinate Legislation Act 1994 do not apply to any regulations made under this section. (6) This section expires on the second anniversary of the day on which it comes into operation.". -- 107 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 104 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 20 Purpose In section 1 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "by— (a) re-enacting, with modifications, provisions of the scheme under the Transport (Compliance and Miscellaneous) Act 1983 for the enforcement of transport system safety legislation; and (b) adopting and adapting provisions from the Rail Safety National Law". 21 Definitions In section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) insert the following definitions— "bus safety matter has the same meaning as in section 3 of the Transport Integration Act 2010; searchable bus or vessel means a bus or vessel entered or boarded by a transport safety officer under Part 2; transport safety law means— (a) the Bus Safety Act 2009 or any regulations made under that Act; or (b) the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or -- 108 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 105 Authorised by the Chief Parliamentary Counsel (c) the Marine Safety Act 2010 or any regulations made under that Act; or (d) the Port Management Act 1995 or any regulations made under that Act; or (e) the Transport Integration Act 2010 or any regulations made under that Act;"; (b) in the definition of approved code of practice— (i) in paragraph (b), for "practice; or" substitute "practice;"; (ii) paragraph (c) is repealed; (c) in the definition of compliance and investigative purposes— (i) in paragraph (a), for "transport safety or infrastructure law" (where twice occurring) substitute "transport safety law"; (ii) in paragraph (c), for "public transport" substitute "bus"; (iii) paragraph (d) is repealed; (d) in the definition of Department omit ", Planning and Local Infrastructure"; (e) in the definition of notifiable occurrence— (i) in paragraph (a), for "public transport" substitute "bus"; (ii) for "public transport matter" substitute "matter"; -- 109 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 106 Authorised by the Chief Parliamentary Counsel (f) for the definition of police officer substitute— "police officer has the same meaning as in section 3(1) of the Victoria Police Act 2013;"; (g) in the definition of residential premises omit "rolling stock," (where twice occurring); (h) for the definition of road vehicle substitute— "road vehicle means any vehicle propelled by any form of motive power but does not include a bus;"; (i) in the definition of searchable premises, for "public transport" substitute "bus"; (j) in the definition of transport safety infringement omit "(other than a safety work infringement)"; (k) in the definition of transport safety infringement law, paragraph (b) is repealed; (l) the definitions of accredited rail transport operator, approved rail safety code of practice, contractor, level crossing, passenger transport company, private siding, Public Transport Development Authority, public transport premises, public transport safety matter, rail infrastructure, rail infrastructure manager, rail safety worker, rail transport operator, railway, railway operations, railway premises, rolling stock, safety work infringement, searchable rolling stock, bus or vessel, transport safety or infrastructure law, transport system and utility are repealed. -- 110 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 107 Authorised by the Chief Parliamentary Counsel 22 Entry into bus premises, marine premises or bus or boarding vessel (1) For the heading to section 6 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 substitute— "Entry into bus premises, marine premises or bus or boarding vessel". (2) In section 6 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1)(a)(i), for "public transport" substitute "bus"; (b) in subsection (1)(b) omit "rolling stock or"; (c) in subsection (2), for "public transport" substitute "bus"; (d) in subsection (3), for "public transport" (where twice occurring) substitute "bus"; (e) in subsection (4) omit "rolling stock,"; (f) in subsection (5)— (i) for "public transport" substitute "bus"; (ii) omit "rolling stock," (wherever occurring); (g) in subsection (6) omit ", rolling stock". 23 Notification of entry In section 7 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1) omit ", rolling stock"; (b) in subsection (2), for "public transport" substitute "bus"; (c) in subsection (3) omit "rolling stock or" (where twice occurring); (d) in subsection (4)(a) omit ", rolling stock". -- 111 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 108 Authorised by the Chief Parliamentary Counsel 24 General powers on entry or boarding In section 8 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1)— (i) for "public transport" (where first occurring) substitute "bus"; (ii) for "rolling stock or" (where first occurring) substitute "a"; (b) in subsection (1)(a), (b) and (c) omit "rolling stock,"; (c) in subsection (1)(d) omit "rolling stock," (where twice occurring); (d) for subsection (1)(e) substitute— "(e) enter or open, using reasonable force, the bus or vessel or a thing on the bus or vessel, to examine the bus, vessel or other thing;"; (e) in subsection (1)(g)(ii) and (h)(ii) omit "rolling stock or"; (f) in subsection (1)(h)(ii) and (i)(ii) omit "rolling stock,"; (g) in subsection (1)(i), for "transport safety or infrastructure law" substitute "transport safety law"; (h) in subsection (1)(j) and (k) omit "rolling stock,"; (i) in subsection (1)(l)— (i) in subparagraph (i), for "public transport" substitute "bus"; (ii) subparagraph (ii) is repealed; -- 112 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 109 Authorised by the Chief Parliamentary Counsel (j) in subsection (1)(m), for "transport safety or infrastructure law" substitute "transport safety law"; (k) in subsection (2)— (i) for "public transport" substitute "bus"; (ii) omit "rolling stock,"; (l) in subsection (4), for the definition of reasonable help substitute— "reasonable help includes— (a) assistance to enable the transport safety officer to find and gain access to electronically stored material and information at the bus premises or marine premises or on the bus or vessel; and (b) driving or running the engine of the bus; and (c) operating the vessel.". 25 Directions powers as to operation and movement of vehicles (1) In the heading to section 9 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock and". (2) For section 9(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 substitute— "(1) A transport safety officer who enters bus premises or a bus under section 6 may give a direction to any person at the premises or on the bus that relates to the stopping or movement of— (a) any road vehicle at the premises; or (b) the bus.". -- 113 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 110 Authorised by the Chief Parliamentary Counsel 26 Magistrates' Court may extend period of detention of vessel In section 12(3)(a) and (b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 27 Persons assisting transport safety officers (1) In section 13(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "public transport" substitute "bus"; (b) omit ", or rolling stock". (2) In section 13(2)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) omit "rolling stock,"; (b) for "transport safety or infrastructure law" substitute "transport safety law". 28 Use of electronic equipment (1) In section 14(1)(a) and (b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock,". (2) In section 14(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) omit "rolling stock,"; (b) for "transport safety or infrastructure law" substitute "transport safety law"; (c) in paragraph (b) omit "rolling stock,". -- 114 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 111 Authorised by the Chief Parliamentary Counsel 29 Use of equipment to examine or process things In section 15(1) and (2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock," (where twice occurring). 30 Securing a site or restricting access to bus or vessel (1) In the heading to section 16 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock,". (2) In section 16(1)(b), (2), (3)(b), (4)(a), (b) and (d) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock,". 31 Directions for the protection of evidence In section 17(3)(c) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock or" (where twice occurring). 32 Search warrants In section 18 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1) omit "rolling stock, a"; (b) in subsection (3)— (i) in paragraph (a), for "transport safety or infrastructure law" substitute "transport safety law"; (ii) in paragraph (b) omit "or on the rolling stock"; (c) in subsection (4)(a) and (d) omit ", rolling stock". -- 115 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 112 Authorised by the Chief Parliamentary Counsel 33 Seizure of things not mentioned in the warrant In section 19(a)(ii) and (b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 34 Announcement before entry or boarding on warrant In section 20 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1)(a) omit ", rolling stock"; (b) in subsection (1)(b) omit "rolling stock,"; (c) in subsection (2), for "into the rolling stock or bus," substitute "onto the bus". 35 Copy of warrant to be given to person with control or management of place, bus or vessel (1) In the heading to section 21 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock,". (2) In section 21 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) omit "rolling stock, a"; (b) omit "rolling stock," (where secondly occurring). 36 Power to require production of documents, devices or other things and answers to questions In section 22(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) after "searchable premises or" insert "enters or"; (b) omit "rolling stock," (wherever occurring). -- 116 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 113 Authorised by the Chief Parliamentary Counsel 37 Sections 23 and 25 amended In sections 23(3)(a) and (b) and 25(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 38 Securing seized things In section 27(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "public transport" substitute "bus"; (b) omit "rolling stock,". 39 Receipt for seized things In section 31(2)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock," (where twice occurring). 40 Forfeiture of seized things In section 33(1)(c) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 41 Return of seized things In section 34(3) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in paragraphs (a) and (b), for "transport safety or infrastructure law" substitute "transport safety law"; (b) in paragraph (c)— (i) in subparagraph (i), for "public transport" substitute "bus"; -- 117 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 114 Authorised by the Chief Parliamentary Counsel (ii) in subparagraph (ii) omit "or Division 5 of Part 3 of the Rail Safety (Local Operations) Act 2006". 42 Sections 36 and 37 amended In sections 36 and 37(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 43 Compensation In section 38(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "public transport" substitute "bus". 44 Sections 39, 40 and 41 amended In sections 39(a)(i) and (ii), 40(1)(b) and 41(1)(a), (b) and (c) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 45 Direction to provide certain information Section 43(1)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed. 46 Residential premises In section 46 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) omit ", rolling stock" (where twice occurring); (b) in paragraph (c), for "public transport" substitute "bus"; (c) in paragraph (c)(ii) omit "rail safety work or". -- 118 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 115 Authorised by the Chief Parliamentary Counsel 47 Use of force In section 47 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "place, rolling stock or a" substitute "place or"; (b) omit "rolling stock,". 48 Manner in which transport safety officers must exercise powers In section 49(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "any rolling stock," substitute "a". 49 Service of improvement notices In section 50 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1)(a) and (b), for "transport safety or infrastructure law" substitute "transport safety law"; (b) in subsection (1)(c)(i) omit "railway operations or"; (c) in subsection (1)(c)(ii) omit "rail safety or"; (d) in subsection (1)(d), before "providing" insert "is"; (e) in subsection (2)(d) omit "railway operations or". 50 Section 51 repealed Section 51 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed. 51 Contents of improvement notices (1) In section 52(1)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure -- 119 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 116 Authorised by the Chief Parliamentary Counsel law" (wherever occurring) substitute "transport safety law". (2) In section 52(1)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subparagraph (i)(A)— (i) omit "railway operations or"; (ii) omit "rail safety or"; (b) in subparagraph (ii)(A) omit "railway operations,"; (c) in subparagraph (ii)(B) omit "rail safety,"; (d) in subparagraph (iii) omit "railway operations, or". (3) In section 52(3) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "railway operations or other". 52 Sections 54 and 57 amended In sections 54(3) and 57(1) and (2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 53 Service of prohibition notice In section 60(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in paragraphs (a) and (b), for "railway operations, bus services or public transport" substitute "bus services or bus"; (b) in paragraph (c) omit "rail infrastructure, rolling stock or". -- 120 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 117 Authorised by the Chief Parliamentary Counsel 54 Sections 61 and 67 amended In sections 61(1)(c) and 67(1) and (2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 55 When Safety Director may carry out action In section 68(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "public transport" substitute "bus". 56 Power of Safety Director to take other remedial action In section 69(1)(b) and (2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "public transport" substitute "bus". 57 Service of non-disturbance notice In section 71 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "transport safety or infrastructure law" substitute "transport safety law"; (b) for paragraphs (a) to (e) substitute— "(a) bus premises; (b) marine premises; (c) a bus; (d) a vessel.". 58 Contents of non-disturbance notice (1) In section 72(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in paragraph (a), for "public transport" substitute "bus"; -- 121 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 118 Authorised by the Chief Parliamentary Counsel (b) in paragraph (b)— (i) omit "rolling stock," (where twice occurring); (ii) in subparagraph (ii) omit "a particular rolling stock or". (2) In section 72(2)(b)(i) and (ii) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rolling stock,". 59 Serving notices In section 80(1)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "public transport" substitute "bus"; (b) omit "rolling stock," (where twice occurring). 60 Injunctions for non-compliance with notices In section 82(2)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 61 Enforceable voluntary undertaking In section 83 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1) omit "or rail transport operator"; (b) in subsections (1) and (2)(a), for "transport safety or infrastructure law" substitute "transport safety law". 62 Sections 84, 85 and 86 amended In sections 84, 85(a) and 86 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "or rail transport operator". -- 122 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 119 Authorised by the Chief Parliamentary Counsel 63 Contravention of transport safety undertaking In section 87 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsections (1), (3) and (4) omit "or rail transport operator"; (b) in subsection (5), for "transport safety or infrastructure law" substitute "transport safety law". 64 Withdrawal or variation of transport safety undertaking In section 88 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1) omit "or rail transport operator"; (b) in subsection (2), for "transport safety or infrastructure law" substitute "transport safety law". 65 Proceedings for alleged contravention In section 89 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsections (1) and (2), for "transport safety or infrastructure law" substitute "transport safety law"; (b) in subsection (2) omit "or rail transport operator". 66 Additional enforcement measures relating to bus safety In the heading to Division 8 of Part 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "rail and". -- 123 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 120 Authorised by the Chief Parliamentary Counsel 67 Response to certain safety reports (1) Section 90(1)(a), (2)(a) and (3)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 are repealed. (2) In section 90(4) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "or rail transport operator". (3) In section 90(5) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, in the definition of safety report— (a) in paragraph (a) omit "or rail safety"; (b) in paragraph (c) omit "rail safety or". 68 Sections 91 and 92 repealed Sections 91 and 92 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 are repealed. 69 Division 2 of Part 4 repealed Division 2 of Part 4 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed. 70 Reviewable decisions In the table in section 99 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in items 2 to 10, for "A rail transport operator or an" substitute "An"; (b) in item 11 omit "rail transport operator or"; (c) items 12 and 13 are repealed. -- 124 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 121 Authorised by the Chief Parliamentary Counsel 71 Offence to give false or misleading information In section 103 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" (wherever occurring) substitute "transport safety law". 72 Criminal liability of officers of bodies corporate— failure to exercise due diligence Section 104(2)(j) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed. 73 Who may commence proceedings for offences against this Act or a transport safety law (1) In the heading to section 105 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". (2) In section 105 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsection (1), for "transport safety or infrastructure law" (where twice occurring) substitute "transport safety law"; (b) in subsection (5), for "transport safety or infrastructure law" substitute "transport safety law". 74 Limited period for prosecution of transport safety law indictable offences (1) In the heading to section 106 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". -- 125 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 122 Authorised by the Chief Parliamentary Counsel (2) In section 106 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 75 Evidentiary certificates—this Act or transport safety laws (1) In the heading to section 107 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure laws" substitute "transport safety laws". (2) In section 107(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "transport safety or infrastructure law" (where first occurring) substitute "transport safety law"; (b) in paragraph (a), for "transport safety or infrastructure law" (where twice occurring) substitute "transport safety law"; (c) in paragraph (a)(iii) omit ", a rail registration"; (d) in paragraph (d)(i) omit ", accredited rail transport operator"; (e) in paragraphs (e) and (f) omit ", a rail registration"; (f) paragraph (h) is repealed; (g) in paragraph (l), for "transport safety or infrastructure law" substitute "transport safety law"; -- 126 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 123 Authorised by the Chief Parliamentary Counsel (h) for paragraph (r) substitute— "(r) that a stated amount is payable under the Bus Safety Act 2009 or the Marine Safety Act 2010 by a stated person and has not been paid.". (3) For section 107(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 substitute— "(2) In this section— accreditation means an accreditation within the meaning of the Bus Safety Act 2009; bus registration means a registration within the meaning of the Bus Safety Act 2009; exemption means an exemption under Division 7A of Part 4 of the Bus Safety Act 2009.". 76 Definitions—Court based sanctions In section 108 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) the definitions of Australian rail safety law, relevant law and relevant marine law are repealed; (b) insert the following definitions— "bus law means a provision of the Bus Safety Act 2009 or any regulations made under that Act; marine law means— (a) a provision of the Marine Safety Act 2010 or any regulations made under that Act; or -- 127 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 124 Authorised by the Chief Parliamentary Counsel (b) a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act.". 77 Commercial benefits order In section 109(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "relevant law" substitute "bus law". 78 Supervisory intervention order In section 110 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in subsections (1) and (2)(a), (d)(i) and (ii), for "relevant law" (where twice occurring) substitute "bus law"; (b) in subsection (5), for "relevant law, having" substitute "bus law, having"; (c) in subsection (5)(a) and (b), for "Act, a relevant law or an Australian rail safety law" substitute "Act or a bus law"; (d) subsection (5)(c)(i) is repealed; (e) in subsection (6)(a), for "corresponding interstate law" substitute "corresponding interstate bus law"; (f) in subsection (10)— (i) in the definition of compliance report, in paragraphs (a)(i) and (b)(i), for "relevant law" (where twice occurring) substitute "bus law"; (ii) the definition of corresponding interstate law is repealed; -- 128 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 125 Authorised by the Chief Parliamentary Counsel (iii) insert the following definition— "corresponding interstate bus law means a law of the Commonwealth, another State or a Territory that corresponds or substantially corresponds to a bus law.". 79 Exclusion orders (1) In section 111(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "relevant law" (where twice occurring) substitute "bus law". (2) In section 111(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) for "relevant law" substitute "bus law"; (b) paragraphs (a) and (c)(i) are repealed; (c) in paragraph (c)(ii), for "jurisdiction; or" substitute "jurisdiction."; (d) paragraph (d) is repealed. (3) In section 111(3) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in paragraphs (a) and (b), for "relevant law or an Australian rail safety law" substitute "bus law"; (b) in paragraph (c) omit "railway operations or". 80 Adverse publicity order In section 112(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "relevant law or relevant marine law" substitute "bus law or marine law". -- 129 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 126 Authorised by the Chief Parliamentary Counsel 81 Release on the giving of a safety undertaking In section 113(1) and (2)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "relevant law" substitute "bus law". 82 Sections 116, 119, 120, 121 and 122 amended In sections 116(1), (3)(a), (b) and (c), 119(1)(a) and (b), (2)(a)(ii) and (b), (3), 120(1)(b), (2)(a), (b), (c) and (d), 121(1) and 122 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 83 Attendance of transport safety officer at inquiries In section 123 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) in paragraph (a), for "work, marine safety work or rail safety work" substitute "work or marine safety work"; (b) in paragraph (b)— (i) for "public transport" substitute "bus"; (ii) omit "rolling stock,". 84 Sections 124 and 127 amended In sections 124 and 127 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" substitute "transport safety law". 85 Recovery of costs Section 128(1) and (3)(a) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 are repealed. -- 130 of 153 -- Part 3—Amendment of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 127 Authorised by the Chief Parliamentary Counsel 86 Section 130 repealed Section 130 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 is repealed. 87 Service of documents In section 131(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "transport safety or infrastructure law" (where twice occurring) substitute "transport safety law". 88 Regulations In section 132(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014— (a) paragraphs (c) and (d) are repealed; (b) in paragraph (e) omit "or safety work infringement". -- 131 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 128 Authorised by the Chief Parliamentary Counsel Part 4—Amendments of other Acts Division 1—Amendment of the Transport Integration Act 2010 89 Definitions In section 3 of the Transport Integration Act 2010— (a) insert the following definitions— "bus safety matter means— (a) an incident involving a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example— (i) any collision involving a bus; (ii) any incident resulting from the operation of a bus; (iii) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations; (iv) any failure or breach of any practice or procedure involving a bus; (v) any fire, explosion or other similar occurrence involving a bus; (vi) any incident in which there is evidence of systematic safety deficiencies; -- 132 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 129 Authorised by the Chief Parliamentary Counsel (b) any other incident or any state of affairs involving, or in relation to buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition; transport safety law has the same meaning as in section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;"; (b) in the definition of mandatory transport safety decision, paragraph (b) is repealed; (c) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (d) in the definition of transport legislation, paragraph (m) is repealed; (e) the definitions of mandatory rail safety decision, rail safety officer, rail safety recommendation, rail safety worker, relevant rail safety project, relevant transport safety law and transport safety are repealed. 90 Sections 79L and 79M repealed Sections 79L and 79M of the Transport Integration Act 2010 are repealed. 91 Object of Director, Transport Safety In section 172 of the Transport Integration Act 2010— (a) in subsection (1)— (i) omit "independently"; -- 133 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 130 Authorised by the Chief Parliamentary Counsel (ii) for "transport safety" substitute "bus safety and marine safety"; (b) in subsection (2)(b), for "2009;" substitute "2009."; (c) subsection (2)(c) is repealed. 92 Functions of Director, Transport Safety (1) In section 173(1) of the Transport Integration Act 2010— (a) for paragraph (a)(i) and (ii) substitute— "(i) the Marine Safety Act 2010, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Bus Safety Act 2009, the Transport (Compliance and Miscellaneous) Act 1983, the Transport (Safety Schemes Compliance and Enforcement) Act 2014, this Act or any other Act; (ii) regulations made under the Marine Safety Act 2010, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Bus Safety Act 2009, the Transport (Compliance and Miscellaneous) Act 1983, the Transport (Safety Schemes Compliance and Enforcement) Act 2014, this Act or any other Act;"; (b) in paragraph (b)— (i) subparagraph (ii) is repealed; (ii) in subparagraph (iii) omit "under the Rail Safety (Local Operations) Act 2006 or"; (iii) in subparagraph (iv) omit "or Part 8 of the Rail Safety (Local Operations) Act 2006"; -- 134 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 131 Authorised by the Chief Parliamentary Counsel (c) in paragraph (c), for "transport safety" substitute "bus safety and marine safety"; (d) in paragraph (d), for "transport safety matters" substitute "bus safety matters and marine safety matters"; (e) in paragraph (e)— (i) in subparagraph (i) omit "or Part 8 of the Rail Safety (Local Operations) Act 2006"; (ii) for "rail transport operators and any other person" substitute "any person"; (iii) for "relevant transport safety law" substitute "transport safety law"; (f) in paragraph (f), for "transport safety matters" substitute "bus safety matters and marine safety matters"; (g) in paragraph (g)(i), (ii) and (iv), for "transport safety" substitute "bus safety and marine safety"; (h) in paragraph (i), for "transport safety matters" substitute "bus safety matters and marine safety matters"; (i) for paragraph (j) substitute— "(j) promote awareness in the bus and marine industry and among the public about bus and marine safety initiatives;"; (j) in paragraph (k), for "transport safety" substitute "bus safety and marine safety". (2) In section 173(2)(a) and (b) of the Transport Integration Act 2010, for "transport safety" substitute "bus safety and marine safety". -- 135 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 132 Authorised by the Chief Parliamentary Counsel 93 Power to investigate In section 174 of the Transport Integration Act 2010, for "transport safety matter" substitute "bus safety matter or marine safety matter". 94 New section 174A inserted After section 174 of the Transport Integration Act 2010 insert— "174A Directions (1) The Director, Transport Safety— (a) is subject to the general direction and control of the Minister; and (b) must comply with any specific direction given by the Minister. (2) Any specific direction given under subsection (1)(b) may be published in the Government Gazette.". 95 Information disclosure by Director, Transport Safety In section 177 of the Transport Integration Act 2010— (a) in subsections (1) and (2) omit "rail,"; (b) in subsection (2)(a), for "transport safety matter" substitute "bus safety matter or marine safety matter"; (c) subsection (2)(b) is repealed. 96 Delegation by the Director, Transport Safety In section 178(1) of the Transport Integration Act 2010 omit "the Rail Safety (Local Operations) Act 2006,". -- 136 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 133 Authorised by the Chief Parliamentary Counsel 97 New section 178B inserted Before section 179 of the Transport Integration Act 2010 insert— "178B Definition In this Division— transport safety means safety for the operation of rail, bus and marine transport.". 98 New section 181A inserted After section 181 of the Transport Integration Act 2010 insert— "181A Independence of Chief Investigator, Transport Safety Subject to sections 191 and 193(2), the Chief Investigator, Transport Safety, when performing or exercising their functions or powers, is independent and is not subject to the direction and control of the Minister.". 99 Appointment For section 184(4)(d) of the Transport Integration Act 2010 substitute— "(d) experience in the marine or road transport (freight and passenger) sectors; (da) in the case of the Chief Investigator, Transport Safety, experience in the rail transport (freight and passenger) sector;". 100 When a transport safety appointee ceases to hold office In section 186(c) of the Transport Integration Act 2010, for "ceases to hold" substitute "is removed from". -- 137 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 134 Authorised by the Chief Parliamentary Counsel 101 New section 187A inserted After section 187 of the Transport Integration Act 2010 insert— "187A Suspension (1) The Minister may immediately suspend a person from office as a transport safety appointee if the Minister is of the opinion that the person— (a) is incapable of performing their functions or duties; or (b) has refused or neglected to perform their functions or duties; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be a transport safety appointee. (2) A suspension under subsection (1) is for a period not exceeding 3 months. (3) If a person is suspended from office under this section, the person remains entitled to their remuneration and allowances as a transport safety appointee during the period of suspension.". 102 Removal from office (1) In the heading to section 188 of the Transport Integration Act 2010, for "Suspension and removal" substitute "Removal". (2) In section 188(1) of the Transport Integration Act 2010, for "suspend" substitute "remove". (3) In section 188(2)(b) of the Transport Integration Act 2010, after "his or" insert "her". (4) Section 188(4), (5), (6) and (7) of the Transport Integration Act 2010 are repealed. -- 138 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 135 Authorised by the Chief Parliamentary Counsel 103 Ministerial direction to investigate transport safety matter (1) In the heading to section 191 of the Transport Integration Act 2010, for "public transport safety matter or marine safety matter" substitute "transport safety matter". (2) For section 191(1) of the Transport Integration Act 2010 substitute— "(1) The Minister may direct— (a) the Director, Transport Safety to investigate a bus safety matter or marine safety matter; or (b) the Chief Investigator, Transport Safety to investigate a transport safety matter.". (3) For section 191(2)(a) to (d) of the Transport Integration Act 2010 substitute— "(a) that directs the transport safety appointee as to how to conduct an investigation; or (b) that directs the transport safety appointee as to which persons the transport safety appointee may request or direct to assist the transport safety appointee in an investigation; or (c) about the outcome of an investigation; or (d) that directs the transport safety appointee to stop an investigation.". 104 Section 194 repealed and consequential cross-reference amended (1) Section 194 of the Transport Integration Act 2010 is repealed. -- 139 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 136 Authorised by the Chief Parliamentary Counsel (2) In section 197D(2) of the Tranport Integration Act 2010, for "section 194" substitute "section 181A". 105 Power to give advice on compliance In section 197(1) of the Transport Integration Act 2010, for "relevant transport safety law" substitute "transport safety law". 106 Definitions—Conflict between decisions of Director, Transport Safety and road authority In section 197A of the Transport Integration Act 2010, in the definition of decision, paragraph (a) is repealed. Division 2—Amendment of the Transport (Compliance and Miscellaneous) Act 1983 107 Definitions (1) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983— (a) the definitions of accredited rail transport operator, mandatory rail safety decision and rail infrastructure manager are repealed; (b) for the definition of rolling stock operator substitute— "rolling stock operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". (2) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, the definition of rolling stock operator is repealed. -- 140 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 137 Authorised by the Chief Parliamentary Counsel 108 Financial assistance to train drivers following fatal incidents In section 12(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Part 6 of the Rail Safety (Local Operations) Act 2006 or Division 4 of Part 4" substitute "Part 4A". 109 Application of definitions to Part V In section 82C(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "section 3 of the Rail Safety (Local Operations) Act 2006" substitute "section 4(1) of the Rail Safety National Law (Victoria)". 110 Specific investigation powers—public transport safety matters or marine safety matters In section 84 of the Transport (Compliance and Miscellaneous) Act 1983— (a) after "Transport (Safety Schemes Compliance and Enforcement) Act 2014" insert "as in force immediately before the commencement of Part 3 of the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019"; (b) after paragraph (a)(iii) insert— "(iv) to the Safety Director were a reference to the Chief Investigator, Transport Safety; and". 111 Definitions In section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of category 3 offence, paragraph (aa)(i) is repealed. -- 141 of 153 -- Part 4—Amendments of other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 138 Authorised by the Chief Parliamentary Counsel 112 Interpretation Section 163(1)(ca)(i) of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. 113 Definitions In section 208 of the Transport (Compliance and Miscellaneous) Act 1983— (a) in the definition of rail safety worker omit "the Rail Safety (Local Operations) Act 2006 or"; (b) the definition of safety work infringement is repealed; (c) in the definition of transport infringement omit "safety work infringement or". 114 Section 230J repealed Section 230J of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. 115 Service of documents on natural persons In section 250 of the Transport (Compliance and Miscellaneous) Act 1983 omit "or the Rail Safety (Local Operations) Act 2006". 116 Service of documents on corporations In section 251 of the Transport (Compliance and Miscellaneous) Act 1983 omit "or the Rail Safety (Local Operations) Act 2006". Division 3—Amendment of other Acts 117 Consequential amendments to other Acts On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item. -- 142 of 153 -- Part 5—Repeal of the Rail Safety (Local Operations) Act 2006 and this Act Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 139 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of the Rail Safety (Local Operations) Act 2006 and this Act 118 Repeal of the Rail Safety (Local Operations) Act 2006 The Rail Safety (Local Operations) Act 2006 is repealed. 119 Repeal of this Act This Act is repealed on 1 July 2021. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 143 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 140 Authorised by the Chief Parliamentary Counsel Schedule 1—Consequential amendments to other Acts Section 117 1 Commercial Passenger Vehicle Industry Act 2017 1.1 Section 68(d)(i) is repealed. 1.2 In Schedule 1, item 33(a) is repealed. 2 Criminal Procedure Act 2009 2.1 In section 3, in the note at the foot of the definition of infringement conviction— (a) in the second dot point, for "1988; or" substitute "1988."; (b) the third dot point is repealed. 2.2 In Schedule 2, item 25 is repealed. 3 Electricity Industry Act 2000 3.1 In section 85— (a) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of rail transport operator substitute— "rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (c) for the definition of railway operations substitute— "railway operations has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; -- 144 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 141 Authorised by the Chief Parliamentary Counsel (d) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 3.2 After section 93A(3) insert— "(4) Nothing in subsection (1) or (2) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.". 4 Electricity Safety Act 1998 4.1 In section 3, for the definition of railway substitute— "railway has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 5 Fines Reform Act 2014 5.1 In section 3, in the definition of FVS eligible offence, paragraph (c) is repealed. 5.2 In section 25(1)(a) and (b) omit ", section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014". 5.3 Section 31(1)(b) and (2)(c) are repealed. -- 145 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 142 Authorised by the Chief Parliamentary Counsel 6 Gas Industry Act 2001 6.1 In section 147A— (a) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of rail transport operator substitute— "rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (c) for the definition of railway operations substitute— "railway operations has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (d) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria).". 6.2 After section 149A(3) insert— "(4) Nothing in subsection (1) or (2) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.". -- 146 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 143 Authorised by the Chief Parliamentary Counsel 7 Infringements Act 2006 7.1 Section 16(2)(b) is repealed. 7.2 Section 17(2)(b) is repealed. 7.3 Section 18(6)(b) is repealed. 7.4 Section 21(1)(b) and (2)(c) are repealed. 7.5 Section 28(b) is repealed. 7.6 Section 31(b) is repealed. 8 Major Transport Projects Facilitation Act 2009 8.1 In section 3, for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 8.2 In section 3, for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 9 Melbourne City Link Act 1995 9.1 In section 21(1), in the definition of Utility, in paragraph (d) omit "the Rail Safety (Local Operations) Act 2006 or". 9.2 Section 39(2)(b) is repealed. 10 Rail Management Act 1996 10.1 In section 38A— (a) in the definition of access provider, paragraphs (a) and (c) are repealed; -- 147 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 144 Authorised by the Chief Parliamentary Counsel (b) for the definition of access seeker substitute— "access seeker means an accredited person within the meaning of the Rail Safety National Law (Victoria) who wants to be provided a declared rail transport service by an access provider;"; (c) for the definition of rail transport operator substitute— "rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (d) for the definition of user substitute— "user means an accredited person within the meaning of the Rail Safety National Law (Victoria) who is provided a declared rail transport service by an access provider.". 11 Road Management Act 2004 11.1 In section 3(1), in the definition of road management function, in paragraph (a)(v) omit "Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006 and". 11.2 In section 48A— (a) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of rail transport operator substitute— "rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; -- 148 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 145 Authorised by the Chief Parliamentary Counsel (c) for the definition of railway operations substitute— "railway operations has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (d) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 11.3 In the note at the foot of section 48B omit "Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006 and". 11.4 At the end of section 48B insert— "(2) Nothing in subsection (1) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of that subsection; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.". 11.5 At the end of section 48D insert— "(2) Nothing in subsection (1) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of that subsection; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.". -- 149 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 146 Authorised by the Chief Parliamentary Counsel 11.6 In the note at the foot of section 48DB omit "Division 2 of Part 4 of the Rail Safety (Local Operations) Act 2006 and". 11.7 In note 2 at the foot of section 48EA(3) omit "the Rail Safety (Local Operations) Act 2006 and". 11.8 In note 2 at the foot of section 48EB(3) omit "the Rail Safety (Local Operations) Act 2006 and". 11.9 In note 2 at the foot of section 48EC(3) omit "the Rail Safety (Local Operations) Act 2006 and". 11.10 In note 2 at the foot of section 48F(3) omit "the Rail Safety (Local Operations) Act 2006 and". 11.11 In Schedule 7, in note 2 at the foot of clause 8 omit "the Rail Safety (Local Operations) Act 2006 and". 12 Tourist and Heritage Railways Act 2010 12.1 In section 3— (a) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) in the definition of tourist and heritage railway operator, in paragraph (a)(iii)— (i) omit "a rail transport operator within the meaning of the Rail Safety (Local Operations) Act 2006,"; (ii) omit "accredited rail transport operator or". -- 150 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 147 Authorised by the Chief Parliamentary Counsel 13 Water Act 1989 13.1 After section 137A(3) insert— "(3A) Nothing in subsection (1) or (2) is to be construed as— (a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or (b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.". 13.2 In section 137A(4)— (a) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);". 13.3 In section 137B(2)— (a) for the definition of rail infrastructure substitute— "rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of rolling stock substitute— "rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria).". -- 151 of 153 -- Schedule 1—Consequential amendments to other Acts Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 148 Authorised by the Chief Parliamentary Counsel 13.4 In section 137C(2)— (a) for the definition of rail transport operator substitute— "rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);"; (b) for the definition of railway operations substitute— "railway operations has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria).". ═════════════ -- 152 of 153 -- Endnotes Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 No. 41 of 2019 149 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 14 August 2019 Legislative Council: 15 October 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Rail Safety National Law Application Act 2013, the Transport (Safety Schemes Compliance and Enforcement) Act 2014, the Transport Integration Act 2010 and the Transport (Compliance and Miscellaneous) Act 1983, to repeal the Rail Safety (Local Operations) Act 2006 and to make consequential amendments to other Acts and for other purposes." -- 153 of 153 --