Download (Rail Safety) Act 2010 PDF

Title(Rail Safety) Act 2010
LanguageEnglish
File Size1.1 MB
Total Pages261
Table of Contents
                            Queensland
Contents
Part 1 Preliminary
	1 Short title
	2 Commencement
	3 Objects
	4 Ways this Act achieves its objects
	5 Application of Act generally
	6 Application of Act to circumstances to which Electrical Safety Act applies
	7 Act binds all persons
	8 Definitions
	9 Meaning of railway operations
	10 Meaning of rail safety work
	11 Corresponding laws
	12 Ensuring rail safety
Part 2 Relationship with Workplace Health and Safety Act
	13 Purpose of pt 2
	14 Application of this Act in circumstances to which Workplace Health and Safety Act applies
	15 Safety directions and relationship with Workplace Health and Safety Act
	16 Compliance with this Act is no defence for Workplace Health and Safety Act
Part 3 Rail safety duties
	17 Duty applying to more than 1 person
	18 Person may owe rail safety duties in more than 1 capacity
	19 Civil liability not affected by this part
	20 Explanation of div 2
	21 Application of div 2
	22 Meaning of prescribed railway operations
	23 Concept of ensuring that rail safety is not affected by prescribed railway operations
	24 Duty to ensure rail safety
	25 When rail transport operator fails to discharge duty
	26 When rail infrastructure manager fails to discharge duty
	27 When rolling stock operator fails to discharge duty
	28 Duty of rail transport operator extends to contractors
	29 Explanation of div 3
	30 Definition for div 3
	31 Particular provisions of Criminal Code do not apply
	32 Duty to take reasonable care for particular rail safety work
	33 Duty to comply with relevant operator’s instructions
	34 Duty to not interfere with or misuse things provided by relevant operator
	35 Duty to not place safety of others at risk
	36 Compliance with regulation etc.
	37 Causes over which person has no control
Part 4 Other requirements relating to safety of railway operations
	38 Civil liability not affected by this part
	39 Accreditation required for railway operations
	40 Accreditation not required for related body corporate
	41 Accreditation not required for particular railway operations on or at private siding
	42 Exemption may be granted
	43 Application for exemption
	44 What applicant must demonstrate and conditions that may be imposed
	45 Considering application
	46 Steps after application decided
	47 Effect of exemption
	48 Operator etc. must not contravene condition of exemption
	49 Grounds for varying, suspending or revoking exemption
	50 Procedure for varying, suspending or revoking exemption
	51 Suspending exemption immediately
	52 Application of sdiv 5
	53 Definitions for sdiv 5
	54 Connection or access between private siding and accredited railway
	55 Particular private sidings required to be registered
	56 Prescribed registration conditions
	57 Compliance with registration conditions for private siding
	58 Annual registration fees
	59 Interface coordination for registered private siding
	60 Chief executive may cancel registration of private siding
	61 Requirement to obtain exemption notice
	62 Application of div 3
	63 Requirement to have and implement safety management system
	64 General requirements for safety management system
	65 Review of safety management system
	66 Consultation requirement
	67 Operator must not contravene safety management system
	68 Contractor must not contravene safety management system
	69 Chief executive may direct amendment of safety management system
	70 Requirement to give safety performance report
	71 Meaning and scope of interface agreements
	72 Rail transport operator’s obligation relating to another rail transport operator’s railway operations
	73 Rail infrastructure manager’s obligation relating to rail or road crossing for a public road
	74 Rail infrastructure manager’s obligation relating to rail or road crossing for a private road
	75 Responsible road manager’s obligation relating to rail or road crossing for a public road
	76 Responsible road manager’s obligation relating to rail or road crossing for a private road
	77 Chief executive may give notice about failure to enter into interface agreement
	78 Chief executive may give direction about arrangement that is to apply
	79 Register of interface arrangements
	80 Notifying other party about particular matters
	81 Requirement to have and implement security management plan
	82 Requirement to have and implement emergency management plan
	83 Requirement to have and implement health and fitness management program
	84 Requirement to have and implement alcohol and drug management program
	85 Requirement to have and implement fatigue management program
	86 Testing for presence of alcohol or drugs
	87 Assessment of competence
	88 Identification for rail safety workers
	89 Application of div 4
	90 Chief executive may require particular information
	91 Requirement to give prescribed information
	92 Application of div 5
	93 Notification of particular occurrences
	94 Investigation of particular occurrences
	95 Report of investigation under s 94
	96 Relevant documents must be kept and made available for inspection
Part 5 Accreditation
	97 Purpose of accreditation
	98 Accreditation criteria
	99 Accreditation may be granted
	100 Application for accreditation
	101 What applicant for accreditation must demonstrate
	102 Coordination of applications between operators
	103 Coordination of decisions between rail safety regulators
	104 Considering application
	105 Steps after application decided
	106 Prescribed accreditation conditions
	107 Breach of accreditation condition
	108 Annual accreditation fees
	109 Grounds for suspending or revoking accreditation
	110 Procedure for suspending or revoking accreditation
	111 Suspending accreditation immediately
	112 Varying conditions of accreditation
	113 Application for variation of accreditation
	114 Requirement to consult with affected rail transport operators
	115 Coordination of decisions between rail safety regulators
	116 Considering application for variation
	117 Steps after application for variation decided
	118 Application for variation of conditions
	119 Requirement to consult with affected rail transport operators
	120 Coordination of decisions between rail safety regulators
	121 Considering application for variation of condition
	122 Steps after application for variation of condition decided
	123 Consolidated accreditation notice
	124 Surrender of accreditation
	125 Accreditation can not be transferred to or vested in another person
	126 Applications for accreditation if railway operations sold or transferred by accredited person
Part 6 Administration
	127 Functions of chief executive
	128 Information to be included in annual reports
	129 Chief executive may exercise powers of rail safety officers
	130 Audit of railway operations of rail transport operators
	131 Definitions for sdiv 3
	132 Chief executive may decide matters on request
	133 Notice of dispute under agreement for access
	134 Safety matter directions for disputes under agreement for access
	135 Procedure for giving safety matter direction
	136 Compliance with safety matter direction
	137 Appointment of persons as rail safety officers
	138 Appointment conditions and limit on powers
	139 Issue of identity card
	140 Production or display of identity card
	141 When rail safety officer ceases to hold office
	142 Resignation
	143 Return of identity card
	144 Reciprocal powers of rail safety officers
Part 7 Enforcement
	145 Power to enter places
	146 Procedure for entry with consent
	147 General procedure for other entries without warrant
	148 Application for warrant
	149 Issue of warrant
	150 Application by electronic communication and duplicate warrant
	151 Defect in relation to a warrant
	152 Warrants—procedure before entry
	153 General powers after entering a place
	154 Procedure before entering or opening rolling stock or road vehicle
	155 Power to require reasonable help or information
	156 Power to stop or move rolling stock or a road vehicle that may be entered or opened
	157 Other powers about rolling stock or road vehicles that may be entered
	158 Power to use electronic equipment at the place entered
	159 Power to use equipment at the place entered to examine or process things
	160 Power to secure a site
	161 Seizing evidence at a place entered without consent or warrant
	162 Seizing evidence at a place entered with consent or warrant
	163 Securing seized things
	164 Tampering with seized thing
	165 Powers to support seizure
	166 Rail safety officer may require thing’s return
	167 Receipt for seized things
	168 Access to seized thing
	169 Return of seized things
	170 Application of div 4
	171 Rail safety officer may issue embargo notice
	172 Contravening embargo notice
	173 Forfeiture by rail safety officer
	174 Forfeiture on conviction
	175 Dealing with forfeited sample or thing
	176 Power to require name and address
	177 Failure to give name or address
	178 Power to require production of documents
	179 Failure to produce document
	180 Use of particular evidence in proceedings
	181 Power to require information about contravention
	182 Failure to give information about contravention
	183 Chief executive may require investigation by rail safety officer
	184 Report of investigation
	185 Application of sdiv 2
	186 Definition for sdiv 2
	187 Power to require help
	188 Power to require answers to questions or production of document or other thing
	189 Power to require alcohol or drug test or examination
	190 Requirement to give warning when making requirement of individual
	191 Failure to comply with requirement
	192 Use of particular evidence in proceedings
	193 Rail safety officer may give improvement notice
	194 What improvement notice may require
	195 What improvement notice must state
	196 Compliance with improvement notice
	197 Amendment of improvement notice
	198 Proceedings for offences not affected by improvement notice
	199 Chief executive may arrange for rail safety work not carried out
	200 Rail safety officer may give prohibition notice
	201 What prohibition notice may require
	202 What prohibition notice must state
	203 Compliance with prohibition notice
	204 Oral direction before prohibition notice given
	205 Amendment of prohibition notice
	206 Proceedings for offences not affected by prohibition notice
	207 Notice of damage
	208 Compensation
	209 Only reasonable force may be used
	210 Only police officers may use force against a person
Part 8 Boards of inquiry
	211 Minister may establish or re-establish board of inquiry
	212 Role of board of inquiry
	213 Conditions of appointment of members
	214 Chief executive to arrange for services of staff and financial matters for board of inquiry
	215 Rail safety officer may exercise powers for inquiry
	216 Procedure
	217 Notice of inquiry
	218 Inquiry to be held in public other than in special circumstances
	219 Protection of members, legal representatives and witnesses
	220 Record of proceedings to be kept
	221 Procedural fairness and representation
	222 Board of inquiry’s powers on inquiry
	223 Notice to witness
	224 Inspection of documents or things
	225 Inquiry may continue despite court proceedings unless otherwise ordered
	226 Offences by witnesses
	227 Self-incrimination
	228 Contempt of board of inquiry
	229 Change of membership
Part 9 Provisions about particular investigations or inquiries
	230 Definitions for pt 9
	231 Meaning of relevant person
	232 Prohibition on recording or disclosure of restricted information by relevant persons
	233 Prohibition on recording or disclosure of restricted information by other persons
	234 Exceptions to prohibitions on recording or disclosure of restricted information
	235 Court can not require disclosure of restricted information
	236 Court may direct no publication or communication of restricted information
	237 Release of restricted information for ensuring rail safety
	238 Authorisation of coroner to have access to restricted information
	239 Chief executive may authorise persons to have access to restricted information
	240 Certification by chief executive of relevant person’s involvement in investigation or inquiry
	241 Relevant persons not compellable as witnesses
Part 10 Other offences and provisions about liability for offences
	242 Discrimination against or victimisation of employees
	243 Order for damages or reinstatement
	244 False or misleading statements
	245 False or misleading documents
	246 Obstruction of officials
	247 Concealing document or other thing
	248 Impersonating a rail safety officer
	249 Interfering with equipment, rail infrastructure or rolling stock
	250 Using brake or emergency device
	251 Stopping a train or tram
	252 Notification requirement for prescribed persons
	253 Multiple offences
	254 Responsibility for acts or omissions of representative
	255 Executive officers must ensure corporation complies with Act
	256 Daily penalty for continuing offences
	257 Compliance with conditions of accreditation
	258 Compliance with compliance code
Part 11 Internal and external review
	259 Internal review of decisions
	260 External review of decisions
Part 12 Legal proceedings
	261 Application of pt 12
	262 Evidence from records required to be kept under Act
	263 Evidence about reciprocal powers agreement
	264 Evidence of other matters
	265 Proof of appointment and authority unnecessary
	266 Proof of signature unnecessary
	267 Proceedings for offences
Part 12A Protection for whistleblowers
	267A Application of pt 12A
	267B General limitation
	267C Liability for conduct unaffected
Part 13 General
	268 Giving information to WHS chief executive
	269 Confidentiality
	270 Particular persons acting under this Act
	271 Particular persons acting under prescribed corresponding law
	272 Persons helping in accidents or emergencies
	273 Registered health practitioners advising on fitness of rail safety worker
	274 Making compliance codes
	275 Civil liability not affected by compliance code
	276 Use of compliance code in proceedings
	277 Meaning of rail safety undertaking
	278 Chief executive may accept undertakings
	279 Enforcement of undertakings
	280 Records to be kept by chief executive
	281 Recovery of amounts payable under Act
	282 Contracting out prohibited
	283 Approval of forms
	284 Regulation-making power
	285 Temporary regulation-making power
Part 14 Transitional provisions
	286 Definitions for pt 14
	287 Approved safety management system
	288 Changes to approved safety management system
	289 Application of Act to transitioned approved safety management system
	290 Continuing effect of existing accreditations
	291 Existing applications for accreditation
	292 Unpaid annual levy
	293 Existing applications for amendment of conditions of accreditation
	294 Notices about financial capacity or public risk insurance arrangements
	295 Requirement to notify cancellations etc. of particular agreements
	296 Decisions about matters relating to access to rail transport infrastructure
	297 Existing guidelines about matters relating to access to rail transport infrastructure
	298 Dealing with disputes about access to rail transport infrastructure if no safety direction given
	299 Continuing effect of safety directions
	300 Existing audit program
	301 Existing inspections under audit program
	302 Disciplinary action against accredited persons
	303 Requirement about remedying breach of accreditation condition
	304 Rail safety officers
	305 Existing warrants
	306 Sample or thing taken for analysis
	307 Dealing with seized property
	308 Requirements about moving things
	309 Request for report or incident details
	310 Existing investigations about particular incidents
	311 Uncommenced investigations about particular incidents
	312 Existing inquiries about particular incidents
	313 Uncommenced inquiries about particular incidents
	314 Restricted information
	315 Certificates of relevant person’s involvement in investigation
	316 Internal reviews about decisions relating to access to rail transport infrastructure
	317 External reviews about decisions relating to access to rail transport infrastructure
	318 Internal reviews about particular decisions
	319 Effect of internal review decision generally
	320 External reviews about particular decisions
	321 Effect of external review decision generally
	322 Further effect of internal or external review decision about approved safety management systems
	323 Further effect of internal or external review decision about amendment of accreditation
	324 Further effect of internal or external review decision about imposition of conditions on accreditation
	325 Further effect of internal or external review decision about direction to amend safety management system
	326 Further effect of internal or external review decision about amendment, suspension or cancellation of accreditation
	327 Transitional regulation-making power
Internal and external reviews
Dictionary
1 Index to endnotes
2 Date to which amendments incorporated
3 Key
4 Table of reprints
5 Tables in earlier reprints
6 List of legislation
7 List of annotations
                        
Document Text Contents
Page 1

Queensland

Transport (Rail Safety) Act
2010

Reprinted as in force on 14 April 2011

Reprint No. 1A

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Page 2

Information about this reprint
This Act is reprinted as at 14 April 2011. The reprint shows the law as amended by all
amendments that commenced on or before that day (Reprints Act 1992 s 5(c)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

This page is specific to this reprint. See previous reprint for information about earlier
changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

Also see endnotes for information about—
• when provisions commenced
• editorial changes made in earlier reprint.

Spelling

The spelling of certain words or phrases may be inconsistent in this reprint or with other
reprints because of changes made in various editions of the Macquarie Dictionary (for
example, in the dictionary, ‘judgement’ has replaced ‘judgment’). Variations of spelling
will be updated in the next authorised reprint.

Dates shown on reprints

Reprints dated at last amendment All reprints produced on or after 1 July 2002,
authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last
date of amendment. Previously reprints were dated as at the date of publication. If an
authorised reprint is dated earlier than an unauthorised version published before 1 July
2002, it means the legislation was not further amended and the reprint date is the
commencement of the last amendment.

If the date of an authorised reprint is the same as the date shown for an unauthorised
version previously published, it merely means that the unauthorised version was published
before the authorised version. Also, any revised edition of the previously published
unauthorised version will have the same date as that version.

Replacement reprint date If the date of an authorised reprint is the same as the date
shown on another authorised reprint it means that one is the replacement of the other.

Page 130

qld_crest.eps


[s 146]

Transport (Rail Safety) Act 2010
Part 7 Enforcement
(b) a place, or a part of a place, that the occupier allows
members of the public to enter, whether or not on
payment of money.

146 Procedure for entry with consent

(1) This section applies if a rail safety officer intends to ask the
occupier of a place to consent to the officer or another person
entering the place.

(2) Before asking for the consent, the officer must tell the
occupier—

(a) the purpose of the entry; and

(b) that the occupier is not required to consent.

(3) If the consent is given, the officer may ask the occupier to
sign an acknowledgement of the consent.

(4) The acknowledgement must state—

(a) that the occupier has been told—

(i) the purpose of the entry; and

(ii) that the occupier is not required to consent; and

(b) the purpose of the entry; and

(c) that the occupier gives the officer consent to enter the
place and exercise powers under this part; and

(d) the date and time the consent was given.

(5) If the occupier signs an acknowledgement, the officer must
immediately give a copy to the occupier.

(6) If—

(a) an issue arises in a proceeding about whether the
occupier consented to the entry; and

(b) an acknowledgement complying with subsection (4) for
the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of
the entry to prove the occupier consented.
Page 128 Reprint 1A effective 14 April 2011

Page 131

qld_crest.eps


[s 147]

Transport (Rail Safety) Act 2010
Part 7 Enforcement
147 General procedure for other entries without warrant

(1) This section applies if a rail safety officer intends to enter
railway premises under section 145(1)(d) or (e).

(2) The officer must give the occupier of the railway premises
reasonable notice of the intention to enter unless—

(a) the giving of the notice would be reasonably likely to
defeat the purpose for which it is intended to enter the
railway premises; or

(b) entry is required in circumstances for which the officer
reasonably believes there is an immediate risk to the
safety of persons because of the carrying out of railway
operations at the railway premises.

(3) If an occupier is present when the officer intends to enter the
railway premises, the officer must, before entering the railway
premises, tell, or make a reasonable attempt to tell, the
occupier—

(a) the purpose of the entry; and

(b) that the officer is permitted under section 145(1)(d) or
(e) to enter the railway premises without the occupier’s
consent or a warrant.

148 Application for warrant

(1) A rail safety officer may apply to a magistrate for a warrant
for a place.

(2) The officer must prepare a written application that states the
grounds on which the warrant is sought.

(3) The written application must be sworn.

(4) The magistrate may refuse to consider the application until the
officer gives the magistrate all the information the magistrate
requires about the application in the way the magistrate
requires.

Example—

The magistrate may require additional information supporting the
application to be given by statutory declaration.
Reprint 1A effective 14 April 2011 Page 129

Page 260

Endnotes

Transport (Rail Safety) Act 2010
6 List of legislation

Transport (Rail Safety) Act 2010 No. 6
date of assent 4 March 2010
ss 1–2 commenced on date of assent
remaining provisions commenced 1 September 2010 (2010 SL No. 166)

amending legislation—

Transport (Rail Safety) Act 2010 No. 6 ss 1–2, pt 15
date of assent 4 March 2010
ss 1–2 commenced on date of assent
remaining provisions commenced 1 September 2010 (2010 SL No. 166)

Transport and Other Legislation Amendment Act 2011 No. 12 s 1, pt 15
date of assent 14 April 2011
commenced on date of assent

7 List of annotations

Long title amd 2010 No. 6 s 329

Exemption may be granted
s 42 amd 2011 No. 12 s 121

Application for exemption
s 43 amd 2011 No. 12 s 122

What applicant must demonstrate and conditions that may be imposed
s 44 amd 2011 No. 12 s 123

Particular private sidings required to be registered
s 55 (11) and (12) exp 2 September 2013 (see s 55(12))

Interface coordination for registered private siding
s 59 (12) and (13) exp 2 September 2013 (see s 59(13))

Rail transport operator’s obligation relating to another rail transport operator’s
railway operations

s 72 (4) and (5) exp 2 September 2012 (see s 72(5))

Rail infrastructure manager’s obligation relating to rail or road crossing for a public
road

s 73 (3) and (4) exp 2 September 2012 (see s 73(4))

Rail infrastructure manager’s obligation relating to rail or road crossing for a
private road

s 74 (3) and (4) exp 2 September 2012 (see s 74(4))

Responsible road manager’s obligation relating to rail or road crossing for a public
road

s 75 (4) and (5) exp 2 September 2012 (see s 75(5))
Page 258 Reprint 1A effective 14 April 2011

Page 261

Endnotes

Transport (Rail Safety) Act 2010
Responsible road manager’s obligation relating to rail or road crossing for a private
road

s 76 (5) and (6) exp 2 September 2012 (see s 76(6))

Assessment of competence
s 87 (5) and (6) exp 2 September 2012 (see s 87(6))

Identification for rail safety workers
s 88 (4) and (5) exp 2 September 2012 (see s 88(5))

PART 12A—PROTECTION FOR WHISTLEBLOWERS
pt 12A (ss 267A–267C) ins 2011 No. 12 s 124

Transitional regulation-making power
s 327 exp 1 September 2012 (see s 327(3))

PART 15—AMENDMENT OF THIS ACT
pt 15 (ss 328–329) om R1 (see RA ss 7(1)(k) and 37)

PART 16—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994
pt 16 (ss 330–352) om R1 (see RA ss 7(1)(k) and 40)

PART 17—AMENDMENT OF WORKPLACE HEALTH AND SAFETY ACT 1995
pt 17 (ss 353–356) om R1 (see RA ss 7(1)(k) and 40)

PART 18—AMENDMENT OF OTHER ACTS
pt 18 (s 357) om R1 (see RA ss 7(1)(k) and 40)

SCHEDULE 1—AMENDMENT OF PARTICULAR ACTS
om R1 (see RA s 40)

SCHEDULE 3—DICTIONARY
def “disclosing person” ins 2011 No. 12 s 125(2)
def “low risk railway” ins 2011 No. 12 s 125(2)
def “private isolated railway” om 2011 No. 12 s 125(1)
def “rail or public road crossing” ins 2011 No. 12 s 125(2)
def “rail or road crossing” amd 2011 No. 12 s 125(3)

© State of Queensland 2011
Reprint 1A effective 14 April 2011 Page 259

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