Rail Safety National Law National Regulations 2012

The requirements of this Part do not apply in the event of—

an accident or emergency; or

any urgent circumstances approved by the Regulator; or

any other unforeseeable circumstances that make it necessary, in the absence of any reasonably practicable alternative, to contravene this Part to avoid a serious dislocation of train services,

provided that the driver or drivers concerned indicate their fitness to work the extended hours.

In this clause—

emergency means an emergency arising out of an actual or imminent event, such as fire, flood, storm, earthquake or explosion that—

endangers, or may endanger, the safety of persons; or

destroys or damages, or may destroy or damage, property.