Rail Safety National Law (WA)

In this Law, unless the contrary intention appears —

has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or

is suspended under this Law;

that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and

that is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect;

associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and

over‑track structures and under‑track structures (including tunnels under tracks);

a police officer; or

a person appointed under section 124;

a substance declared by the national regulations to be a drug for the purposes of this Law; and

a substance declared under section 6 to be a drug for the purposes of this Law; and

any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

an area where a road and a railway (other than a tramway) meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;

an area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area;

a pedestrian crossing —

being an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or

being an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area;

that has, or could have, caused —

significant property damage; or

serious injury; or

death; or

that is, or is of a class that is, prescribed by the national regulations to be a notifiable occurrence or class of notifiable occurrence,

in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;

in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person;

this Law applies as a law of the jurisdiction; or

a law that substantially corresponds to the provisions of this Law has been enacted; or

a law prescribed by the national regulations for the purposes of this definition has been enacted;

a marshalling yard; or

a crossing loop; or

a passenger terminal; or

a freight terminal; or

a siding under the control and management of an accredited rail infrastructure manager; or

a siding, or a siding of a class, prescribed by the national regulations not to be a private siding;

a place that —

the public is entitled to use; or

is open to members of the public; or

is used by the public,

a place that the occupier allows members of the public to enter, whether or not on payment of money;

the Auditor‑General (however described) of a participating jurisdiction; or

an auditor employed, appointed or otherwise engaged, by an Auditor‑General of a participating jurisdiction;

railway tracks and associated railway track structures; and

service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and

notices and signs; and

electrical power supply and electric traction systems; and

associated buildings, workshops, depots and yards; and

plant, machinery and equipment,

rolling stock; or

any facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;

owns the rail infrastructure; or

has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it;

a level crossing;

an area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area;

an area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area;

a bridge carrying a road over a railway;

a bridge carrying a railway over a road;

a lane of a road on which rolling stock moves alongside road vehicles on the road;

a rail infrastructure manager; or

a rolling stock operator; or

a person who is both a rail infrastructure manager and a rolling stock operator;

a heavy railway;

a light railway;

a monorail;

an inclined railway;

a tramway;

a railway within a marshalling yard or a passenger or freight terminal;

a private siding;

a guided system, or guided system of a class, prescribed by the national regulations to be a railway;

the construction of a railway, railway tracks and associated railway track structures;

the construction of rolling stock;

the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;

the commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;

the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);

the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;

the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;

land (including any premises on land) on or in which is situated rail infrastructure; or

land (including any premises on land) on or in which is situated any over‑track or under‑track structure or part of an over‑track or under‑track structure; or

freight centres or depots used in connection with the carrying out of railway operations; or

workshops or maintenance depots used in connection with the carrying out of railway operations; or

premises (including an office, building or housing) used in connection with the carrying out of railway operations; or

rolling stock or other vehicles associated with railway operations; or

any other rail workplace;

has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or

is suspended under this Law;

a road, including its surface or pavement; and

anything under or supporting a road or its surface or pavement; and

any bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and

any bridge or other work or structure located above, in or on a road; and

any traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and

anything prescribed by the national regulations to be road infrastructure,

in relation to a private road — means the owner, or other person responsible for the care, control and management, of the road; or

in relation to a public road — means an authority, person or body responsible for the care, control or management of the road;

in relation to goods — supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent; or

in relation to services — provide, grant or confer, whether as principal or agent;

this Law as it applies as a law of a participating jurisdiction; or

a law of a participating jurisdiction that —

substantially corresponds to the provisions of this Law; or

is prescribed by the national regulations for the purposes of paragraph (c) of the definition of participating jurisdiction;

2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self propelled unit; or

a unit of rolling stock that is a locomotive or other self propelled unit;

an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or

an association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law.

In this Law —

a reference to this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and

a reference to the responsible Ministers is a reference to a group of Ministers consisting of —

the responsible Minister for each participating jurisdiction; and

a Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the Commonwealth Minister).

The Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation.