Western Australian Numbered Acts Western Australian Numbered Acts In this Act, unless
the contrary intention appears —
accreditation means accreditation under
Part 4;
accredited person means a rail transport operator
who is accredited under this Act but does not include a person whose
accreditation under this Act —
(a) has
been surrendered or revoked or has otherwise ceased to have effect under this
Act; or
(b) is
suspended under this Act;
Australian rail safety law means a rail safety law
or a corresponding rail safety law;
Australian Rail Safety Regulator means the Rail
Safety Regulator or a corresponding Rail Safety Regulator;
authorised officer means a person appointed as an
authorised officer under section 136;
CEO means the chief executive officer of the
department of the Public Service principally assisting in the administration
of this Act;
commercial benefits order means an order under
section 202;
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892
;
compliance code means a compliance code approved
by the Minister under Part 9 Division 3;
corresponding law means —
(a) the
law of another jurisdiction corresponding, or substantially corresponding, to
this Act; or
(b) a
law of another jurisdiction that is declared under the regulations to be a
corresponding law, whether or not the law corresponds, or substantially
corresponds, to this Act;
corresponding rail safety law means a rail safety
law as defined in a corresponding law;
corresponding Rail Safety Regulator
means —
(a) the
Rail Safety Regulator within the meaning of a corresponding rail safety law
(except in the case of a jurisdiction for which a person is prescribed under
paragraph (b)); or
(b) a
person prescribed by the regulations as the corresponding Rail Safety
Regulator for another jurisdiction for the purposes of this Act;
document includes any record of information
accessible only through the use of a computer or other device;
drug means —
(a) a
substance that is a drug for the purposes of this Act by virtue of a
declaration under section 4; and
(b) any
other substance (other than alcohol) which, when consumed or used by a person,
deprives that person (temporarily or permanently) of any of his or her normal
mental or physical faculties;
embargo notice means a notice under
section 101;
employee means a person employed under a contract
of employment or contract of training;
employer means a person who employs one or more
other persons under contracts of employment or contracts of training;
exercise includes perform;
footpath has the meaning given in the Road Traffic
Code 2000 regulation 3(1);
guidelines means guidelines approved by the
Minister under Part 9 Division 3;
improvement notice means a notice under
section 111;
independent investigator means a person appointed
as an independent investigator under section 127;
infringement notice means an infringement notice
under the Criminal Procedure Act 2004 Part 2;
interface agreement means an agreement in writing
about managing risks to safety identified and assessed under Part 4
Division 4 that includes provisions for —
(a)
implementing and maintaining measures to manage those risks; and
(b) the
evaluation, testing and, where appropriate, revision, of those measures; and
(c) the
respective roles and responsibilities of each party to the agreement in
relation to those measures; and
(d)
procedures by which each party to the agreement will monitor compliance with
the obligations under the agreement; and
(e) a
process for keeping the agreement under review and its revision;
jurisdiction means a State or Territory;
level crossing has the meaning given in the Road
Traffic Code 2000 regulation 3(1);
notifiable occurrence means an accident or
incident associated with railway operations —
(a) that
has, or could have, caused —
(i)
significant property damage; or
(ii)
serious injury; or
(iii)
death;
or
(b) that
is, or is of a class that is, prescribed by the regulations to be a notifiable
occurrence or class of notifiable occurrence,
but does not include an accident or incident, or
class of accident or incident, that is prescribed by the regulations not to be
a notifiable occurrence;
personal information has the meaning given in the
Freedom of Information Act 1992 Glossary clause 1;
private siding means a siding that is managed,
owned or controlled by a person, other than a person who manages the rail
infrastructure with which the siding connects or to which it has access, but
does not include —
(a) a
marshalling yard; or
(b) a
crossing loop; or
(c) a
passenger terminal; or
(d) a
freight terminal; or
(e) a
siding, or a siding of a class, prescribed by the regulations not to be a
private siding;
prohibition notice means a notice under
section 116;
public place means —
(a) a
place that —
(i)
the public is entitled to use; or
(ii)
is open to members of the public; or
(iii)
is used by the public,
whether or not on
payment of money; or
(b) a
place that the occupier allows members of the public to enter, whether or not
on payment of money;
public road means a road as defined in the
Road Traffic Act 1974 section 5(1);
rail infrastructure means the facilities that are
necessary to enable a railway to operate safely and includes, but is not
limited to —
(a)
railway tracks and associated track structures; or
(b)
service roads, signalling systems, communications systems, rolling stock
control systems and data management systems; or
(c)
notices and signs; or
(d)
electrical power supply and electric traction systems; or
(e)
associated buildings, workshops, depots and yards; or
(f)
plant, machinery and equipment,
but does not include —
(g)
rolling stock; or
(h) any
facility, or facility of a class, that is prescribed by the regulations not to
be rail infrastructure;
rail infrastructure manager , in relation to rail
infrastructure of a railway, means the person who has effective management and
control of the rail infrastructure, whether or not the person —
(a) owns
the rail infrastructure; or
(b) has
a statutory or contractual right to use the rail infrastructure or to control,
or provide, access to it;
rail or road crossing means a railway crossing, a
bridge carrying a road over a railway or a bridge carrying a railway over a
road;
rail safety law means this Act or a provision of
this Act;
rail safety matter means —
(a) an
occurrence involving rolling stock or rail infrastructure 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 including, for example —
(i)
a derailment of rolling stock; or
(ii)
a collision involving rolling stock; or
(iii)
an accident or incident resulting from the construction,
maintenance or operation of a railway; or
(iv)
a failure of any part of rail infrastructure or any
rolling stock or any part of any rolling stock; or
(v)
a failure or breach of any practice or procedure
involving rolling stock; or
(vi)
a fire, explosion or other similar occurrence involving
rolling stock; or
(vii)
an accident or incident in which there is evidence of
systematic safety deficiencies;
or
(b) any
other occurrence or any state of affairs involving, or in relation to, rolling
stock or rail infrastructure that is specified by the regulations for the
purposes of this definition;
rail safety officer means a person designated to
be appointed as a rail safety officer under Part 3 Division 2;
Rail Safety Regulator means the person referred to
in section 15(2);
rail safety work has the meaning given in
section 7;
rail safety worker means an individual who has
carried out, is carrying out or is about to carry out, rail safety work;
rail transport operator means —
(a) a
rail infrastructure manager; or
(b) a
rolling stock operator; or
(c) a
person who is both a rail infrastructure manager and a rolling stock operator;
railway means a monorail or proposed monorail or a
guided system, or proposed guided system, designed for the movement of rolling
stock having the capability of transporting passengers or freight, or both, on
a railway track with a gauge of 600 mm or more, together with its rail
infrastructure and rolling stock and includes the following —
(a) a
heavy railway;
(b) a
light railway;
(c) an
inclined railway;
(d) a
tramway;
(e) a
railway within a marshalling yard or a passenger or freight terminal;
(f) a
private siding;
(g) a
guided system, or guided system of a class, prescribed by the regulations to
be a railway;
railway crossing means —
(a) a
level crossing; or
(b) any
area where a footpath or shared path crosses a railway at substantially the
same level;
railway operations means —
(a) the
construction of a railway, railway tracks and associated track structures or
rolling stock; or
(b) the
management, commissioning, maintenance, repair, modification, installation,
operation or decommissioning of rail infrastructure; or
(c) the
commissioning, maintenance, repair, modification or decommissioning of rolling
stock; or
(d) the
operation or movement, or causing the operation or movement by any means, of
rolling stock on a railway (including for the purposes of construction or
restoration of rail infrastructure); or
(e) the
movement, or causing the movement, of rolling stock for the purposes of
operating a railway service;
railway premises means —
(a) land
(including any premises on land) on or in which is situated rail
infrastructure; or
(b) land
(including any premises on land) on or in which is situated any over track or
under track structure or part of an over track or under track structure; or
(c)
freight centres or depots used in connection with the carrying out of railway
operations; or
(d)
workshops or maintenance depots used in connection with the carrying out of
railway operations; or
(e)
premises including an office, building or housing used in connection with the
carrying out of railway operations; or
(f)
rolling stock or other vehicles associated with railway operations;
railway tracks and associated track structures
means —
(a)
railway tracks and associated track structures and works (such as cuttings,
sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land
fill, track support earthworks and drainage works); or
(b) over
track structures and under track structures (including tunnels under tracks);
restricted information , in relation to an
investigation under Part 6, means any one or more of the
following —
(a) a
statement, whether oral or in writing, obtained from a person in the course of
an investigation, including any record of the statement;
(b) all
information recorded in the course of an investigation;
(c)
information in a document or thing created by an independent investigator or
an authorised officer during the course of an investigation;
(d) all
communications in the course of an investigation with a person involved in the
operation of rolling stock that is or was the subject of the investigation;
(e)
medical or private information (including information obtained from an alcohol
or drug test under section 154) regarding persons, including deceased
persons, involved in an occurrence that is or has been the subject of an
investigation;
(f) in
relation to rolling stock that is or was the subject of an investigation,
information recorded for the purposes of monitoring or directing the progress
of the rolling stock from one place to another or information recorded about
the operation of the rolling stock;
(g)
records of the analysis of information or anything else obtained in the course
of an investigation, including opinions expressed by a person in that
analysis;
(h) any
information prescribed for the purpose of this paragraph collected for the
purpose of an investigation,
but does not include a train safety recording or a
transcript of a train safety recording;
road infrastructure means —
(a) the
infrastructure which forms part of a road, footpath or shoulder,
including —
(i)
structures forming part of the road, footpath or
shoulder; or
(ii)
materials from which a road, footpath or shoulder is
made;
(b) the
road-related infrastructure including infrastructure which is installed or
constructed to —
(i)
facilitate the operation or use of the road or footpath;
or
(ii)
support or protect the road or footpath;
(c) all
bridges (including any bridge over or under which a road passes), viaducts,
tunnels, culverts, grids, approaches and other things appurtenant to the road
or footpath or used in connection with the road or footpath;
road manager —
(a) in
relation to a public road, means a local government, regional local government
or the Commissioner of Main Roads;
(b) in
relation to a road other than a public road, means the owner of, or person
responsible for, the road;
road vehicle means a vehicle as defined in the
Road Traffic Act 1974 section 5(1);
rolling stock means a vehicle that operates on or
uses a railway and includes a locomotive, carriage, rail car, rail motor,
light rail vehicle, train, tram, light inspection vehicle, self propelled
infrastructure maintenance vehicle, trolley, wagon or monorail vehicle, but
does not include a vehicle designed to operate both on and off a railway when
the vehicle is not operating on a railway;
rolling stock operator means a person who has
effective management and control of the operation or movement of rolling stock
on rail infrastructure for a particular railway but does not include a person
by reason only that the person drives the rolling stock or controls the
network or the network signals;
safety means the safety of people, including rail
safety workers, passengers, other users of railways, users of rail or road
crossings and the general public;
safety management plan means a document describing
a safety management system;
safety management system means a rail transport
operator’s safety management system under section 59;
security management plan means a rail transport
operator’s security management plan under section 71;
shared path has the meaning given in the Road
Traffic Code 2000 regulation 3(1);
siding means a portion of railway track, connected
by points to a running line or another siding, on which rolling stock can be
placed clear of the running line;
substance means a substance in any form (whether
gaseous, liquid, solid or other) and includes material, preparation, extract
and admixture;
supply includes —
(a) in
relation to goods, supply or resupply by way of sale, exchange, lease, hire or
hire purchase, whether as principal or agent; or
(b) in
relation to services, provide, grant or confer, whether as principal or agent;
train means —
(a) 2 or
more units of rolling stock coupled together, at least one of which is a
locomotive or other self propelled unit; or
(b) a
unit of rolling stock that is a locomotive or other self propelled unit;
train safety recording means a recording
consisting of, or mainly of, sounds or images or data, or any combination of
sounds, images or data, produced by a device installed in a train, a signal
box, a train control complex or other railway premises for the purpose of
recording operational activities carried out by persons operating a train.