Note:
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2006 No 120 with effect from 4.12.2006.

An Act to amend the Transport Administration Act 1988, the Rail Safety Act 2002 and the Passenger Transport Act 1990 with respect to implementing recommendations of the Waterfall Rail Inquiry and the safety of rail and other public transport services; and for other purposes.

1   Name of Act

This Act is the Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005.

2   Commencement

(1)  This Act commences on the date of assent except as provided by subsection (2).

(2)  The following provisions of this Act commence on a day or days to be appointed by proclamation:

(a)  Schedule 1 [1]–[4], [6], [9] and [13]–[16],

(b)  Schedule 2 [1], [3], [4], [30]–[44], [46], [47], [49]–[51] and [56]–[58],

(c)  Schedule 2 [2] in so far as it inserts a definition of Chief Investigator,

(d)  Schedule 3 [1], [4], [11], [12], [15], [17], [24], [29], [32], [36] and [37],

(e)  Schedule 3 [2] in so far as it inserts a definition of Chief Investigator,

(f)  Schedule 3 [3] in so far as it inserts a definition of transport safety inquiry,

(g)  Schedule 4.1, 4.2 and 4.3.

3   Amendment of Acts and regulation

The Acts and regulation specified in Schedules 1–4 are amended as set out in those Schedules.

Schedule 1 (Repealed)

Schedule 2 Amendment of Rail Safety Act 2002 No 96

(Section 3)

[1]–[31]   (Repealed)

[32]   Section 64

Omit the section. Insert instead:

  

64   Accredited persons must report notifiable occurrences

(1)  It is a condition of accreditation that an accredited person must report any occurrence, of a kind prescribed by the regulations as a notifiable occurrence, that occurs on railway premises relating to railway operations for which the person is accredited.

(2)  A report under subsection (1) is to be made to the Chief Investigator, or such other person or persons as may be prescribed, within the time and manner prescribed.

(3)  The regulations may prescribe different reporting requirements in respect of different occurrences.

[33]–[57]   (Repealed)

[58]   Schedule 3 Notifiable occurrences

Omit the Schedule.

[59]–[61]   (Repealed)

Schedules 3, 4 (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005 No 55. Second reading speech made: Legislative Assembly, 25.5.2005; Legislative Council, 22.6.2005. Assented to 27.6.2005. Date of commencement (except Sch 1 [1]–[4] [6] [9] and [13]–[16], Sch 2 [1] [2] (in so far as it inserts a definition of Chief Investigator) [3] [4] [30]–[44] [46] [47] [49]–[51] and [56]–[58], Sch 3 [1] [2] (in so far as it inserts a definition of Chief Investigator) [3] (in so far as it inserts a definition of transport safety inquiry) [4] [11] [12] [15] [17] [24] [29] [32] [36] and [37] and Sch 4.1, 4.2 and 4.3), assent, sec 2 (1); date of commencement of Sch 1 [1]–[4] [6] [9] and [13]–[16], Sch 2 [1] [2] (in so far as it inserts a definition of Chief Investigator) [3] [4] [30] [31] [33]–[44] [46] [47] [49]–[51] and [56] [57], Sch 3 [1] [2] (in so far as it inserts a definition of Chief Investigator) [3] (in so far as it inserts a definition of transport safety inquiry) [4] [11] [12] [15] [17] [24] [29] [32] [36] and [37] and Sch 4.1, 4.2 and 4.3, 1.7.2005, sec 2 (2) and GG No 81 of 1.7.2005, p 3310; date of commencement of Sch 2 [32] and [58], 1.7.2006, sec 2 (2) and GG No 84 of 30.6.2006, p 4793. This Act has been amended as follows:

Table of amendments