2012 No 598 New South Wales Rail Safety (General) Amendment (Offences) Regulation 2012 under the Rail Safety Act 2008 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Rail Safety Act 2008. GLADYS BEREJIKLIAN, MP Minister for Transport Explanatory note The object of this Regulation is to amend the Rail Safety (General) Regulation 2008 to prescribe certain offences under that Regulation and the Rail Safety Offences Act 2008 as offences for which a penalty notice may be issued. The amendments merely transfer certain penalty notice provisions which are currently in the Rail Safety (Offences) Regulation 2008 as a consequence of the enactment of the Passenger Transport Amendment (Ticketing and Passenger Conduct) Act 2012. This Regulation is made under the Rail Safety Act 2008, including sections 139 and 174 (the general regulation-making power). Published LW 6 December 2012 Page 1 2012 No 598 Clause 1 Rail Safety (General) Amendment (Offences) Regulation 2012 Rail Safety (General) Amendment (Offences) Regulation 2012 under the Rail Safety Act 2008 1 Name of Regulation This Regulation is the Rail Safety (General) Amendment (Offences) Regulation 2012. 2 Commencement This Regulation commences on 7 December 2012 and is required to be published on the NSW legislation website. Page 2 2012 No 598 Rail Safety (General) Amendment (Offences) Regulation 2012 Amendment of Rail Safety (General) Regulation 2008 Schedule 1 Schedule 1 [1] Clause 48 Amendment of Rail Safety (General) Regulation 2008 Insert after clause 47: 48 Penalty notice offences For the purposes of section 139 of the Act: (a) each offence created by a provision specified in Column 1 of Schedule 3 is declared to be a penalty notice offence, and (b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 3 opposite the offence. [2] Schedule 3 Insert after Schedule 2: Schedule 3 Part 1 Column 1 Offence Section 8 (1) Section 9 (1) Section 10 Section 12 (1) Section 13 Section 14 Section 15 Section 16 (2) Section 17 (3) Section 20 (2) Section 21 (1) Penalty notice offences (Clause 48) Offences under Rail Safety Act 2008 Column 2 Penalty $1,000 $1,000 $200 $1,000 $1,000 $500 $500 $1,000 $1,000 $1,000 $1,000 Page 3 2012 No 598 Rail Safety (General) Amendment (Offences) Regulation 2012 Schedule 1 Amendment of Rail Safety (General) Regulation 2008 Column 1 Offence Section 21 (5) Section 22 (2) Section 23 Section 26 (1) Section 35 (1) Section 37 Section 51 Section 60 (2) Section 61 (2) Section 61 (3) Section 63 (1) Section 63 (4) Section 65 (3) Section 65 (4) Section 65 (5) Section 68 (3) Section 72 (4) Section 93 (2) Section 98 (6) Section 105 Section 107 Section 113 (1) Column 2 Penalty $200 $200 $1,000 $1,000 $5,500 $5,500 $200 $500 $1,500 $1,500 $600 $600 $1,000 $500 $500 $500 $800 $200 $500 $100 $500 $1,500 Part 2 Column 1 Offence Clause 33 Clause 35 (1) Offences under the Rail Safety (General) Regulation 2008 Column 2 Penalty $500 $500 Page 4 2012 No 598 Rail Safety (General) Amendment (Offences) Regulation 2012 Amendment of Rail Safety (General) Regulation 2008 Schedule 1 Column 1 Offence Clause 39 Clause 47 (1) Clause 47 (2) Column 2 Penalty $500 $500 $500 Page 5