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Contents (2008 - 610)
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Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 27 May 2017 at 14:23)
Part 6
Part 6 Miscellaneous
41   Documents to be made available for public inspection
For the purposes of section 51 (c) of the Act, each safety performance report prepared under section 15 of the Act is prescribed.
42   Embargo notices
For the purposes of section 98 (4) (a) of the Act, an embargo notice must contain the following particulars:
(a)  a description of the thing to which the notice applies,
(b)  either the name of the person on whom the notice is to be served or a statement that the notice is to be affixed to a thing,
(c)  the name, signature and business telephone number of the rail safety officer who issued the notice,
(d)  the date on which the notice was issued.
43   Persons who may be appointed as rail safety officers
For the purposes of section 148 (1) of the Act, the following classes of persons may be appointed as rail safety officers:
(a)  employees of RailCorp who hold, or are acting in, the position of transit officer (of any rank),
(b)  police officers.
44   Exchange of information between agencies
The following are prescribed as relevant agencies for the purposes of the definition of relevant agency in section 156 of the Act:
(a)  a corresponding Rail Safety Regulator,
(b)  Comcare,
(c)  the NSW Police Force.
44A   Disclosure of certain information to National Rail Safety Regulator Project Office or Office of the National Rail Safety Regulator
(1)  For the purposes of sections 77, 78 and 162 (2) (f) of the Act, an authorised person is authorised to disclose or communicate information (including information given in confidence) in the possession or control of the Independent Transport Safety Regulator, and obtained in connection with the administration of the Rail Safety Act 2008, to:
(a)  the National Rail Safety Regulator Project Office, or
(b)  the Office of the National Rail Safety Regulator, or
(c)  any person authorised on behalf of the National Rail Safety Regulator Project Office or the Office of the National Rail Safety Regulator to receive such information.
(2)  Such an authorised person may disclose or communicate that information:
(a)  at the initiative of the Independent Transport Safety Regulator, or
(b)  at the request of the National Rail Safety Regulator Project Office, or
(c)  at the request of the Office of the National Rail Safety Regulator.
(3)  In this clause:
authorised person means any of the following:
(a)  the Independent Transport Safety Regulator,
(b)  a person authorised by the Independent Transport Safety Regulator to disclose or communicate information in accordance with this clause,
(c)  a person who is a delegate of the Independent Transport Safety Regulator,
(d)  a person who is employed by, or engaged to provide services to or on behalf of, the Independent Transport Safety Regulator,
(e)  a person who is employed by, or engaged to provide services to, a person or body engaged to provide services to the Independent Transport Safety Regulator.
Independent Transport Safety Regulator means the Independent Transport Safety Regulator constituted under the Transport Administration Act 1988.
National Rail Safety Regulator Project Office means the National Rail Safety Regulator Project Office:
(a)  formed to oversee and facilitate the development and establishment of the Office of the National Rail Safety Regulator and the National Rail Safety Investigator under the Rail Safety National Law, and
(b)  that is responsible to the Rail Safety Regulation Reform Project Board, which is a subgroup of the Transport and Infrastructure Senior Officials’ Committee, and
(c)  that is hosted by the South Australian Department for Planning, Transport and Infrastructure.
Office of the National Rail Safety Regulator means the Office of the National Rail Safety Regulator established under the Rail Safety National Law.
Rail Safety National Law means the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia.
45   Exemptions for heritage operators
(1)  The ITSRR may, by notice in writing, exempt a heritage operator from some or all of the provisions of section 12 and Part 3 of the Act, or any regulations made under those provisions, in respect of that heritage railway.
(2)  A notice under subclause (1) takes effect from the day specified in the notice, or if no day is specified, on the day it is given to the operator.
(3)  A notice under this clause has effect according to its tenor.
(4)  The ITSRR may, by notice in writing to the exempted operator, cancel an exemption under this clause.
46   Exemptions from accreditation
(1)  The ITSRR may, by notice in writing, exempt the following persons from some or all of the provisions of Part 3, or any regulations made under those provisions:
(a)  persons who carry out railway operations, or cause railway operations to be carried out, but who are not rail transport operators,
(b)  related bodies corporate of accredited persons.
(2)  A notice under this clause takes effect from the day specified in the notice, or if no day is specified, on the day it is given to the operator.
(3)  A notice under this clause has effect according to its tenor.
(4)  The ITSRR may, by notice in writing to the exempted person, cancel an exemption under this clause.
46A   Exemption from accreditation: Rail Infrastructure Corporation
(1)  RIC is exempt from the provisions of Part 3 of the Act and any regulations made under those provisions.
(2)  The exemption under this clause is subject to the following conditions:
(a)  that RIC must comply with any reasonable request made by the ITSRR for information or a report relating to any of the following:
(i)  the operation and maintenance of the RIC rail network, other than the Interstate and Hunter Valley rail network (known as the country regional network),
(ii)  the maintenance of public overbridges,
(b)  that RIC ensures, to the satisfaction of the ITSRR, that ARTC:
(i)  identifies and assesses, so far as is reasonably practicable, risks to safety that may arise from railway operations carried out by or on behalf of ARTC on the RIC rail network that may be caused wholly or partly by the maintenance of a public overbridge by a person or body engaged by RIC for that purpose, and
(ii)  determines measures to manage, so far as is reasonably practicable, those risks, and
(iii)  for the purpose of managing those risks, seeks to enter into a safety agreement with that other person or body,
(c)  that RIC ensures, to the satisfaction of the ITSRR, that any person or body engaged by RIC to maintain a public overbridge:
(i)  identifies and assesses, so far as is reasonably practicable, risks to safety that may arise from such maintenance that may be caused wholly or partly by railway operations carried out by or on behalf of ARTC or another rail transport operator, and
(ii)  determines measures to manage, so far as is reasonably practicable, those risks, and
(iii)  for the purpose of managing those risks, seeks to enter into a safety agreement with ARTC or the other rail transport operator (as the case may be).
(3)  In this clause:
ARTC means the Australian Rail Track Corporation Ltd (ACN 081 455 754).
public overbridge means a bridge, owned by, or vested in, RIC, that enables the public to pass over any part of the RIC rail network.
RIC means the Rail Infrastructure Corporation constituted under the Transport Administration Act 1988.
RIC rail network means the part of the NSW rail network vested in or owned by RIC.
safety agreement means an agreement in writing about managing risks to safety identified and assessed under this clause that includes provisions for:
(a)  implementing and maintaining measures to manage those risks, and
(b)  the evaluation, testing and, if 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 reviewing and revising the agreement.
47   Train communications systems
(1)  A rolling stock operator must ensure that each train for which the person is responsible is, at all times when the train is on the NSW rail network, fitted with a radio communications system that complies with this clause and a back up means of communication to be used if the radio communications system fails.
Maximum penalty: 100 penalty units.
(2)  A rail infrastructure manager must ensure that a rolling stock operator of rolling stock operated on any part of the NSW rail network vested in or owned, managed or controlled by the rail infrastructure manager complies with subclause (1).
Maximum penalty: 100 penalty units.
(3)  A radio communications system for a train must:
(a)  enable the driver of the train to verbally communicate with any network control officer responsible for the area in which the train is operating, and
(b)  be working at all times when the train is being operated, and
(c)  be capable of receiving and transmitting emergency calls, and
(d)  be fitted with an emergency button that enables an emergency call from the train to be given priority over all other calls and that enables direct communication between the train and the network control officer responsible for the area in which the train is operating, and
(e)  be capable of transmitting an emergency communication in a form that will allow any network control officer responsible for the area in which the train is operating to transmit the communication to other trains in that area.
(4)  A rail transport operator is taken to comply with subclause (2) if the radio communications system fails but the back up means of communication is operational.
(5)  The ITSRR may, by notice in writing to one or more rail transport operators, exempt from the operation of this clause a particular train or class of trains.
(6)  A notice under subclause (5) takes effect from the day specified in the notice, or if no day is specified, on the day it is given to the rail transport operator concerned.
(7)  A notice under subclause (5) has effect according to its tenor.
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.