1Short title
This is the Rail Safety National Law Application Act 2024.
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Bill homepageThis is the Rail Safety National Law Application Act 2024.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
In this Act —
amending Act means a South Australian Act that receives the Royal Assent after 20 June 2023 and —
amends the Schedule to the Rail Safety National Law (South Australia) Act 2012 (South Australia); or
amends the Rail Safety National Regulations;
commencement day means the day on which section 5 comes into operation;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
local regulations means regulations made under section 47;
Rail Safety National Law (WA) means the provisions applying in the State because of section 5;
Rail Safety National Regulations has the meaning given in section 12(1);
Rail Safety National Regulations (WA) means the provisions applying as subsidiary legislation for the purposes of the Rail Safety National Law (WA) because of section 12.
A reference in this Act to regulations made under a South Australian Act is a reference to regulations to the extent the regulations are made or amended by a provision of the South Australian Act.
If a term used in this Act is given a meaning in the Rail Safety National Law (WA), it has the same meaning in this Act.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
In this section —
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 (South Australia) as in force on 20 June 2023, as amended by —
the Rail Safety National Law (South Australia) (Fees) Amendment Act 2023 (South Australia); and
each provision that —
is in an amending Act that has effect for the purposes of this Part under section 8; and
has come into operation for the purposes of this Part under section 9.
The Rail Safety National Law —
applies as a law of the State; and
as so applying, may be referred to as the Rail Safety National Law (WA); and
so applies as if it were an Act.
For the purposes of the Rail Safety National Law (WA) section 2, the Law as it applies in the State because of section 5 comes into operation on the commencement day.
An amending Act must be laid before each House of Parliament within 18 sitting days of the House after the day on which the Act receives the Royal Assent.
In this section —
disallowance period, in relation to a disallowance resolution of which notice is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given;
disallowance resolution means a resolution that an amending Act be disallowed;
notice period, in relation to an amending Act laid before a House of Parliament under section 7, means the period of 14 sitting days of the House after the day on which the amending Act is laid before it.
An amending Act has effect for the purposes of this Part if the amending Act is laid before each House of Parliament under section 7 and either —
no notice of a disallowance resolution is given in either House within the notice period; or
at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies —
the notice is withdrawn or discharged within the disallowance period;
the disallowance resolution is lost in the House or not agreed to within the disallowance period.
For the purposes of this section and section 7 —
the period specified in section 7, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and
notice of a disallowance resolution given in a House of Parliament, or a motion that an amending Act be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
If an amending Act has effect for the purposes of this Part under section 8, the Governor must declare that fact by proclamation as soon as practicable.
If a provision of the amending Act has come into operation in South Australia before the proclamation is published —
the proclamation must fix a day on which the provision comes into operation for the purposes of this Part, which must be after the day on which the proclamation is published; and
the provision comes into operation for the purposes of this Part on that day.
If a provision of the amending Act has not come into operation in South Australia before the proclamation is published, the provision comes into operation for the purposes of this Part when the provision comes into operation in South Australia.
If an amending Act receives the Royal Assent after 20 June 2023, but before the commencement day, sections 7 to 9 apply to the amending Act as if it received the Royal Assent on the commencement day.
In this section —
parliamentary committee means a committee established by either or both of the Houses of Parliament.
If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending Act before the House under section 7 is taken to be publication of the amending Act for the purposes of the Standing Order.
This section does not apply if the Standing Orders of the House provide specifically for an amending Act to be considered by a parliamentary committee.
In this section —
Rail Safety National Regulations means regulations made under —
section 264 of the Schedule to the Rail Safety National Law (South Australia) Act 2012 (South Australia); or
a South Australian Act for the purposes of the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 (South Australia).
The Rail Safety National Regulations, as in force from time to time —
apply as subsidiary legislation for the purposes of the Rail Safety National Law (WA), subject to sections 13, 14 and 16; and
as so applying —
may be referred to as the Rail Safety National Regulations (WA); and
are the national regulations for the purposes of the Rail Safety National Law (WA), despite the definition of national regulations in section 4(1) of that Law.
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