Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Declaration of substance to be a drug
5. Railways to which this Act does not apply
6. The concept of ensuring safety
7. Rail safety work
8. Relationship to Government Railways Act 1904
9. Crown bound
PART 2 -- Relationship to Occupational Safety and Health Act 1984
10. Act adds to protection provided by Occupational Safety and Health Act 1984
11. Occupational Safety and Health Act 1984 prevails
12. Compliance with this Act is no defence to prosecution under Occupational Safety and Health Act 1984
13. Relationship between duties under this Act and Occupational Safety and Health Act 1984
14. No double jeopardy
PART 3 -- Administration
Division 1 -- The Rail Safety Regulator
15. Rail Safety Regulator
16. Functions of the Rail Safety Regulator
17. Information to be included in annual report
18. Delegation
19. Rail Safety Regulator may exercise functions of rail safety officers
Division 2 -- Rail safety officers
20. Designation of departmental officer as a rail safety officer
21. Use of other government staff and appointment of other government staff as rail safety officers
22. Appointment of rail safety officers
23. Reciprocal powers of rail safety officers
24. Identification cards for rail safety officers
25. Rail safety officer must not exercise functions without identification card
26. Display and production of identification card
27. Return of identification cards
PART 4 -- Rail safety
Division 1 -- General safety duties
28. Safety duties of rail transport operators
29. Duties of rail transport operators extend to contractors
30. Duties of designers, manufacturers, suppliers etc.
Division 2 -- Accreditation
31. Purpose of accreditation
32. Accreditation required for railway operations
33. Purpose for which accreditation may be granted
34. Application for accreditation
35. What applicant for accreditation must demonstrate
36. Rail Safety Regulator may direct applicants to coordinate and cooperate in applications
37. Coordination between Rail Safety Regulators
38. Determination of application
39. Prescribed conditions and restrictions
40. Penalty for breach of condition or restriction
41. Annual fees
42. Late payment fees
43. Rail Safety Accreditation Account
44. Periodic returns
45. Surrender of accreditation
46. Revocation or suspension of accreditation
47. Immediate suspension of accreditation
48. Keeping and making available documents for public inspection
49. Application for variation of accreditation
50. Application that relates to cooperative railway operations or operations in another jurisdiction
51. Determination of application for variation
52. Prescribed conditions and restrictions
53. Rail Safety Regulator may direct amendment of a safety management system
54. Variation of conditions and restrictions
55. Rail Safety Regulator may make changes to conditions or restrictions
56. Accreditation cannot be transferred or assigned
57. Sale or transfer of railway operations by accredited person
Division 3 -- Private sidings
58. Exemption from accreditation
Division 4 -- Safety management
59. Safety management system
60. Compliance with safety management system
61. Review of safety management system
62. Safety performance reports
63. Interface coordination -- rail transport operators
64. Interface coordination -- rail infrastructure manager -- public roads
65. Interface coordination -- rail infrastructure manager --roads other than public roads
66. Interface coordination -- road manager -- public roads and other roads
67. Identification and assessment of risks
68. Scope of interface agreements
69. Rail Safety Regulator may give directions
70. Register of interface agreements
71. Security management plan
72. Emergency management plan
73. Health and fitness management programme
74. Alcohol and drug management programme
75. Testing for presence of alcohol or drugs
76. Fatigue management programme
77. Assessment of competence
78. Identification for rail safety workers
79. Duties of rail safety workers
80. Contractors to comply with safety management system
Division 5 -- Information about rail safety
81. Rail transport operators to provide information
Division 6 -- Investigating and reporting by rail transport operators
82. Notification of certain occurrences
83. Investigation of notifiable occurrences
Division 7 -- Audit by Rail Safety Regulator
84. Audit of railway operations of rail transport operators
PART 5 -- Enforcement
Division 1 -- Entry to places by rail safety officers
85. Power to enter places
86. Limitation on entry powers: places used for residential purposes
87. Notice of entry
Division 2 -- General enforcement powers
88. General powers after entering a place
89. Use of assistants and equipment
90. Use of electronic equipment
91. Use of equipment to examine or process things
92. Securing a site
Division 3 -- Search warrants
93. Search warrant
94. Issue of search warrant
95. Execution of warrant
96. Seizure of things not mentioned in the warrant
Division 4 -- Powers to support seizure
97. Directions relating to seizure
98. Rail safety officer may direct a thing’s return
99. Receipt for seized things
100. Access to seized thing
101. Embargo notices
Division 5 -- Forfeiture
102. Return of seized things
103. Forfeiture
104. Dealing with forfeited sample or thing
105. Forfeiture on conviction
Division 6 -- Directions
106. Rail safety officers may direct certain persons to give assistance
107. Power to direct name and address be given
108. Failure to give name or address
109. Power to direct production of documents
110. Failure to produce document
Division 7 -- Improvement notices
111. Improvement notices
112. Contravention of improvement notice
113. Withdrawal or amendment of improvement notices
114. Proceedings for offences not affected by improvement notices
115. Rail Safety Regulator to arrange for rail safety work required by improvement notice to be carried out
Division 8 -- Prohibition notices
116. Prohibition notice
117. Contravention of prohibition notice
118. Oral direction before prohibition notice served
119. Withdrawal or amendment of prohibition notice
120. Proceedings for offences not affected by prohibition notices
Division 9 -- Miscellaneous
121. Directions may be given under more than one provision
122. Temporary closing of railway crossings, bridges etc.
123. Restoring rail infrastructure and rolling stock etc. to original condition after action taken
124. Use of force
125. Power to use force against persons to be exercised only by police officers
126. Protection from incrimination
PART 6 -- Investigations
Division 1 -- Independent investigators
127. Appointment of independent investigator
128. Conduct of investigation
129. Advise as to immediate action that is required
130. Release of information in the interests of rail safety
131. Investigation may continue despite other proceedings
132. Draft report or excerpt
133. Report
134. Reports not admissible in evidence
135. Response to report: installation of safety or protective devices
136. Appointment of authorised officers
137. Delegation by independent investigator
138. Certificate of appointment for independent investigators and authorised officers
139. Independent investigators and authorised officers must not exercise functions without a certificate of appointment
140. Production of a certificate of appointment
141. Return of certificate of appointment
Division 2 -- Investigation powers
142. Securing a site
143. Power to obtain information
144. Other powers
145. Limitation on entry powers: places used for residential purposes
146. Occupier entitled to be present during inspection
147. Use of equipment
148. Occupier to provide independent investigator with facilities and assistance
149. Use of electronic equipment
150. Use of equipment to examine or process things
151. Notices relating to exercise of powers
152. Protection orders by Rail Safety Regulator or independent investigator
153. Medical examination
154. Analysis
155. Regulations relating to medical examinations and analysis
156. Independent investigator not to use force against persons
Division 3 -- Search warrants
157. Search warrant
158. Issue of search warrant
159. Execution of warrant
160. Seizure of things not mentioned in the warrant
Division 4 -- Seized things and samples taken
161. Provisions relating to seizure
162. Securing seized things
163. Powers to support seizure
164. Independent investigator may direct a thing’s return
165. Manner in which independent investigator may give directions under this Division
166. Receipt for seized things or sample
167. Copies of certain seized things to be given
168. Transfer of seized thing to independent investigator
169. Transfer of seized thing to a rail safety officer
Division 5 -- Provisions relating to investigations
170. Offences in relation to investigation
171. Offence to hinder persons appointed under this Part
172. Incriminating information, questions or documents
173. Legal professional privilege
174. Certification of independent investigator’s or authorised officer’s involvement in investigation
175. Independent investigator and authorised officer not compellable as witnesses
Division 6 -- Protection of restricted information
176. Limitations on disclosure etc. of restricted information
177. Disclosure of restricted information in the interests of rail safety
PART 7 -- Review of decisions
178. Terms used
179. Application of Parliamentary Commissioner Act 1971 to Rail Safety Regulator and rail safety officers
180. Reviewable decisions
181. Review by the Rail Safety Regulator
182. Review by the State Administrative Tribunal
PART 8 -- General liability and evidentiary provisions
Division 1 -- General
183. Period within which proceedings for offences may be commenced
184. Authority to take proceedings
185. Vicarious responsibility
186. Records and evidence from records
187. Certificate evidence
188. Proof of appointments and signatures unnecessary
189. Offences relating to bodies corporate, partnerships, associations and employees
Division 2 -- Discrimination against employees
190. Dismissal or other victimisation of employee
191. Defendant bears onus of proof
192. Order for damages or reinstatement
Division 3 -- False or misleading information
193. False or misleading information provided to Rail Safety Regulator or officials
Division 4 -- Other offences
194. Obstructing or hindering rail safety officers
195. Offence to impersonate rail safety officer
196. Not to interfere with rail infrastructure etc.
197. Applying brake or emergency device
198. Stopping a train or tram
Division 5 -- Enforceable voluntary undertakings
199. Rail Safety Regulator may accept undertakings
200. Enforcement of undertakings
Division 6 -- Court based sanctions
201. Daily penalty for continuing offences
202. Commercial benefits order
203. Exclusion orders
204. Contravention of exclusion order
Division 7 -- Undertakings
205. Court may allow offender to make election
206. Making of election
207. Failure to enter into undertaking
208. Time for payment of fine
209. Nature and terms of undertaking
210. What may be included in undertaking
211. Effect of undertaking
212. Failure to comply with undertaking
213. Amendment of undertaking
214. Compliance report
PART 9 -- General
Division 1 -- Confidentiality
215. Confidentiality
216. Civil liability not affected by Part 4 Division 1 or 4
217. Immunity from tortious liability
218. Immunity for reporting unfit rail safety worker
219. Immunity for administering a test or taking a sample
220. Approval of compliance codes and guidelines
221. Effect of compliance code or guidelines
222. Effect of complying with a compliance code
223. Disallowance of compliance codes
224. Recovery of certain costs
225. Recovery of amounts due
226. Compliance with conditions of accreditation
227. Prescribed persons
228. Contracting out prohibited
229. Regulations
230. Repeals
PART 10 -- Transitional
231. Terms used
232. Interpretation Act 1984 not affected
233. Authorised officer
234. Accreditation
235. Interim accreditation
236. Temporary accreditation
237. Annual fees
238. Private siding
239. Suspension of accreditation
240. Safety management plan
241. Emergency Management Plan
242. Health and fitness management programme
243. Alcohol and drug management programme
244. Fatigue management programme
245. Assessment of competence
246. Identification for rail safety workers
247. Installation of safety or protective devices
248. Closing railway crossings, bridges etc.
249. Direction to stop, alter or not to start the works
250. Direction to undertake remedial safety work
251. Safety reports
252. Supply of information
253. Notifiable occurrences and other incidents
254. Report from owner or operator
255. Request for certain details
256. Inquiries
257. Evidentiary provision
258. Powers in relation to transitional provision
PART 11 -- Consequential amendments
Division 1 -- Government Railways Act 1904 amended
259. Act amended
260. Section 2A amended
261. Section 13 amended
262. Section 61 amended
Division 2 -- Mines Safety and Inspection Act 1994 amended
263. Act amended
264. Section 7 amended
Division 3 -- Public Transport Authority Act 2003 amended
265. Act amended
266. Section 3 amended
267. Section 4 amended
Division 4 -- Rail Freight System Act 2000 amended
268. Act amended
269. Section 9 amended
Division 5 -- Railways (Access) Act 1998 amended
270. Act amended
271. Section 8 amended
[Assented to 28 June 2010]