Rail Safety National Law (ACT) Act 2014

This Act is the Rail Safety National Law (ACT) Act 2014.

The dictionary at the end of this Act is part of this Act.

A definition in the dictionary applies to the local application provisions of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘this Act, for subdivision 3.4.3 (Other provisions about evidence)—see section 44.’ means that the term ‘this Act’ is defined in that section for subdivision 3.4.3.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Terms used in the local application provisions of this Act and also in the Rail Safety National Law (ACT) have the same meanings in those provisions as they have in that Law.

Note A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

A note included in the local application provisions of this Act is explanatory and is not part of those provisions.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2 Application of Rail Safety National Law

The Rail Safety National Law set out in the schedule to the South Australian Act, as amended from time to time—

applies as a territory law; and

as so applying may be referred to as the Rail Safety National Law (ACT); and

so applies as if it were part of this Act.

The Legislation Act does not apply to the Rail Safety National Law (ACT).

However, the Legislation Act, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to a national regulation as if—

a reference to a subordinate law were a reference to a national regulation; and

a reference in the Legislation Act, section 64 (1) (Presentation of subordinate laws and disallowable instruments) to—

‘6 sitting days’ were a reference to ‘20 sitting days’; and

‘notification day’ were a reference to ‘published’ as mentioned in the Rail Safety National Law (ACT), section 265 (1) (Publication of national regulations); and

any other necessary changes were made.

Also, the Legislation Act, section 104 (References to laws include references to instruments under laws) and section 191 (Offences against 2 or more laws) apply to the Rail Safety National Law (ACT) as if that Law were an Act.

This section does not limit the application of the Legislation Act to the local application provisions of this Act.

The following territory laws do not apply to the Regulator:

the Annual Reports (Government Agencies) Act 2004;

the Auditor-General Act 1996;

the Criminal Code;

the Financial Management Act 1996;

the Freedom of Information Act 2016;

the Government Procurement Act 2001;

the Public Interest Disclosure Act 2012;

the Public Sector Management Act 1994;

the Territory Records Act 2002.

However, if a function of the Regulator under the Rail Safety National Law (ACT) is exercised by an entity that would, apart from subsection (1), be subject to a law mentioned in that subsection, the law applies to the entity.

Example

The Regulator has an agreement mentioned in the Rail Safety National Law (ACT), s 15 (2) (a) with an ACT entity. The entity is a territory authority. The Financial Management Act 1996 applies to territory authorities. Therefore, the entity must comply with that Act when doing things under the agreement.

In the Rail Safety National Law (ACT):

court means—

for part 5 (Enforcement measures) and part 10, division 6 (Enforceable voluntary undertakings)—the Magistrates Court; and

for part 7 (Review of decisions)—the ACAT.

emergency service—see the Legislation Act, dictionary, part 1, definition of emergency service.

Note The Legislation Act, dict, pt 1 defines emergency service as the ambulance service, the fire and rescue service, the rural fire service or the SES.

magistrate means a Magistrate under the Magistrates Court Act 1930.

Minister—see the Legislation Act, section 162.

police officer means a member or special member of the Australian Federal Police.

public sector auditor means the auditor-general appointed under the Public Finance and Audit Act 1987 (SA), section 24.

road—see the Road Transport (General) Act 1999, dictionary.

road vehicle means a motor vehicle as defined in the Road Transport (General) Act 1999, dictionary.

shared path—see the Road Transport (Road Rules) Regulation 2017, dictionary.

the jurisdiction or this jurisdiction means the ACT.

In the Rail Safety National Law (ACT), a reference to giving notice of something in the Gazette is a reference to giving notice of the thing in the ACT legislation register under the Legislation Act 2001 as a notifiable instrument.

Part 3 Alcohol and drug testing

Division 3.1 Preliminary

In this part and the testing provisions:

alcohol screening device means a device prescribed under—

the Road Transport (Alcohol and Drugs) Act 1977, section 7; or

this Act.

alcohol screening test, for a person—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.

Note An alcohol screening test is a preliminary breath test for the Rail Safety National Law (ACT), s 126 (see this section, def preliminary breath test).

analyst means an analyst appointed under—

the Road Transport (Alcohol and Drugs) Act 1977, section 5B; or

section 11.

approved laboratory means a laboratory or other entity approved under—

the Road Transport (Alcohol and Drugs) Act 1977, section 6; or

section 12.

blood test, for a person, means a test of a sample of the person’s blood carried out in accordance with this part and the testing provisions.

breath analysis, for a person, means an analysis of a sample of the person’s breath carried out for this part and the testing provisions by a breath analysis instrument.

breath analysis instrument means an instrument prescribed under—

the Road Transport (Alcohol and Drugs) Act 1977, section 7A; or

this Act.

drug screening device means a device prescribed under—

the Road Transport (Alcohol and Drugs) Act 1977, section 7B; or

this Act.

drug screening test, for a person, means a test of a sample of the person’s oral fluid using a drug screening device.

oral fluid analysis, for a person, means an analysis of a sample of the person’s oral fluid carried out for this part and the testing provisions using an oral fluid analysis instrument.

oral fluid analysis instrument means an instrument prescribed under—

the Road Transport (Alcohol and Drugs) Act 1977, section 7C; or

this Act.

preliminary breath test means an alcohol screening test.

prescribed concentration of alcohol, in relation to a rail safety worker—see the Rail Safety National Law (ACT), section 128 (5).

prescribed drug—see the Rail Safety National Law (ACT), section 128 (5).

sample taker means a doctor or nurse.

sampling facility means a facility prescribed under—

the Road Transport (Alcohol and Drugs) Act 1977, dictionary, definition of sampling facility; or

this Act.

testing provisions means the Rail Safety National Law (ACT), part 3, division 9.

In this part, a reference to a regulation is a reference to a regulation made for this part and the testing provisions.

For this part and the testing provisions, a thing is taken to have been done by a doctor, nurse or analyst if it is done by a person acting under the supervision or direction of the doctor, nurse or analyst.

The Minister may appoint a person as an analyst for this part and the testing provisions.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The Minister may approve a laboratory or other entity as an approved laboratory for this part and the testing provisions.

An approval is a notifiable instrument.

Division 3.2 Procedures relating to testing and analyses

Subdivision 3.2.1 Alcohol—breath testing and analysis

This section applies if an authorised person requires a rail safety worker to submit to an alcohol screening test under the Rail Safety National Law (ACT), section 126 (Authorised person may require preliminary breath test or breath analysis).

An authorised person must not require a rail safety worker to submit to an alcohol screening test—

if the worker was involved in a prescribed notifiable occurrence and—

the worker was taken to hospital—if more than 8 hours has passed since the worker’s arrival at the hospital; or

the worker was not taken to hospital—if more than 8 hours has passed since the prescribed notifiable occurrence happened; or

if the worker was not involved in a prescribed notifiable occurrence—if more than 8 hours has passed since the worker stopped carrying out rail safety work.