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Contents (2008 - 97)
Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 17 December 2017 at 15:21)
Part 8
Part 8 Administration
147   Delegation by Minister
(1)  The Minister may delegate any function under this Act (except this power of delegation) to any member of staff of the ITSRR.
(2)  A reference in this section to a function under this Act includes a reference to a function under a condition of an accreditation.
148   Appointment of rail safety officers
(1)  The ITSRR may appoint a member of staff of the ITSRR, or a person of a class prescribed by the regulations, to be a rail safety officer for the purposes of this Act.
(2)  The authority of a rail safety officer may be limited by the relevant instrument of appointment to the functions specified in the instrument of appointment.
(3)  In addition to any other persons who may be appointed as rail safety officers under this Act, the ITSRR may, for the purpose of the investigation or exercise of powers related to a specified railway accident or railway incident, appoint as a rail safety officer a person exercising powers, or holding office, under a Commonwealth Act.
149   Reciprocal powers of rail safety officers
(1)  This section has effect in relation to another jurisdiction while there is in force a corresponding rail safety law that contains provisions corresponding to this section.
(2)  The Minister may enter into an agreement with a Minister of another jurisdiction for the purposes of this section, including an agreement to amend or revoke any such agreement.
(3)  To the extent envisaged by such an agreement:
(a)  rail safety officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred on rail safety officers of the other jurisdiction by or under the corresponding rail safety law of that other jurisdiction, and
(b)  rail safety officers of that other jurisdiction may, in this jurisdiction or that other jurisdiction, exercise functions conferred on rail safety officers by or under this Act.
(4)  Anything done or omitted to be done by a rail safety officer of this jurisdiction under subsection (3) is taken to have been done under this Act as well as under the corresponding rail safety law.
(5)  The regulations may make provision for or with respect to the exercise of functions under this section.
(6)  Nothing in this section affects the appointment under section 148 of persons as rail safety officers for the purposes of this Act.
150   Identification cards for rail safety officers
The ITSRR must:
(a)  issue a rail safety officer with an identification card, or
(b)  designate a card issued to a rail safety officer by a corresponding Rail Safety Regulator or by a person, body or authority (whether or not of this jurisdiction) as an identification card for the purposes of this Act.
151   Rail safety officer must not exercise functions without identification card
A rail safety officer must not exercise a function conferred by or under this Act unless an identification card has been issued to, or designated for, the officer by the ITSRR.
152   Display and production of identification card
(1)  This section applies to a rail safety officer who is exercising, or about to exercise, a function under this Act.
(2)  A rail safety officer must:
(a)  display his or her identification card if the officer is not wearing an approved uniform or badge, or
(b)  produce his or her identification card if requested to do so by a person in relation to whom the officer is exercising, or about to exercise, the function.
(3)  If it is not practical for a rail safety officer to produce his or her identification card on being requested to do so, the rail safety officer must produce his or her identification card as soon as practicable after the request is made.
153   Return of identification cards
A person who has ceased to be a rail safety officer must not, without reasonable excuse, refuse or fail to return to the ITSRR, within such period as is specified by the ITSRR in a request for the return of the card, any identification card issued to the person by the ITSRR.
Maximum penalty: 15 penalty units.
154   ITSRR may exercise functions of rail safety officers
(1)  The ITSRR may exercise any function conferred on a rail safety officer by or under this Act or the regulations.
(2)  Accordingly, in this Act (except this Part) a reference to a rail safety officer includes a reference to the ITSRR.