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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 23 April 2017 at 18:02)
Part 4 Division 2 Section 69
69   Rail safety inquiries
(1)  The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a rail safety inquiry) into any railway accident or incident or any other event, occurrence, practice or matter that may affect the safe carrying out of railway operations.
(2)  A rail safety inquiry may be carried out and a report provided whether or not:
(a)  an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or
(b)  the matter is or may be subject to any criminal or civil proceedings, or
(c)  the matter is the subject of an inquest or inquiry under the Coroners Act 2009.
(3)  The Minister may not terminate a rail safety inquiry.
(4)  A Board of Inquiry may, at a rail safety inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the Board:
(a)  may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and
(b)  may administer an oath to, or take an affirmation from, a person appearing at the inquiry.
(5)  In conducting a rail safety inquiry, a Board of Inquiry:
(a)  is not bound to act in a formal manner, and
(b)  is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.
(6)  If the Board of Inquiry agrees, an agent (including an Australian legal practitioner) may represent a person or body at a rail safety inquiry.
(7)  A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations.