1Citation

These regulations may be cited as the Rail Safety National Regulations (WA).

2Commencement

These regulations will commence in a participating jurisdiction on the day on which Part 10 Division 9 of the Law commences in that jurisdiction.

[Editorial

note: This Law commenced in WA on 1 October 2024 (see Rail Safety National Law Application Act 2024 (WA) s. 2(b) and 12 and SL 2024/193 cl. 2).]

3Interpretation

In these regulations, unless the contrary intention appears —

Category A notifiable occurrence — see regulation 57;

Category B notifiable occurrence — see regulation 57;

Category C notifiable occurrence — see regulation 57;

Law means the Rail Safety National Law, as amended from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia;

National Transport Commission means the body of that name established under the National Transport Commission Act 2003 of the Commonwealth;

network rules means the rules, systems and procedures relating to railway operations established or adopted by a rail infrastructure manager to ensure the safety of the manager’s railway operations for the purposes of section 52(3)(c) and (4)(c) (Duties of rail transport operators) of the Law.

4Definition of occupational health and safety legislation

The following laws are prescribed for the purposes of the definition of occupational health and safety legislation in section 4 (Interpretation) of the Law:

(a)

the Work Health and Safety Act 2011 of the Australian Capital Territory;

(b)

the Work Health and Safety Act 2011 of the Commonwealth;

(c)

the Work Health and Safety Act 2011 of New South Wales;

(d)

the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory;

(e)

the Work Health and Safety Act 2011 of Queensland;

(f)

the Work Health and Safety Act 2012 of South Australia;

(g)

the Workplace Health and Safety Act 1995 of Tasmania;

(h)

the Occupational Health and Safety Act 2004 of Victoria;

(i)

the Occupational Safety and Health Act 1984 of Western Australia.

5Declaration of drug

For the purposes of paragraph (a) of the definition of drug in section 4 (Interpretation) of the Law, a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth is declared to be a drug.

6Meaning of prescribed notifiable occurrence

A prescribed notifiable occurrence is a Category A notifiable occurrence.

7Railways to which Law does or does not apply

(1)

For the purposes of section 7(1)(g) (Railways to which this Law does not apply) of the Law, the Law does not apply to the following:

(a)

in respect of New South Wales — any temporary, isolated railway used for the construction of tunnels by or on behalf of a public transport agency constituted under the Transport Administration Act 1988 of New South Wales;

(b)

in respect of Queensland — any cane railway that is operated entirely or partly on an access right under Chapter 2 Part 4 of the Sugar Industry Act 1999 of Queensland used, or proposed to be used, solely for the transportation of sugar cane, sugar or sugar cane by‑products;

(c)

in respect of South Australia — the underground railway operated by Adelaide Aqua D&C Consortium for the purpose of the construction of saltwater intake and outfall tunnels for the Adelaide desalination plant at Port Stanvac;

(d)

in respect of Tasmania — any railway located in Tasmania used as a haulage way for operational and maintenance purposes in connection with the electricity supply industry within the meaning of the Electricity Supply Industry Act 1995 of Tasmania.

(2)

Pursuant to section 7(3) (Railways to which this Law does not apply) of the Law, the Law applies to the following railways in New South Wales:

(a)

Campbelltown Steam and Machinery Museum;

(b)

Dorrigo Steam Railway and Museum Limited;

(c)

Guyra and District Historical Society Machinery Group;

(d)

Illawarra Light Railway Museum Society Limited;

(e)

Lake Macquarie Light Rail;

(f)

Millennium Parklands Railway;

(g)

New England Railway Inc;

(h)

Oberon Tarana Heritage Railway Inc;

(i)

Richmond Vale Preservation Co‑operative Society Ltd;

(j)

Steam Tram and Railway Preservation Co‑op Society Ltd;

(k)

Zig Zag Railway Co‑op Ltd.

7AApplication

This Part applies for the purposes of section 43 (Annual report) of the Law.

7BAuditors

(3)

The financial statements in respect of a particular financial year must be audited —

(a)

by a public sector auditor; or

(b)

with the approval of the responsible Ministers — by an appropriately qualified auditor.

(4)

A person (other than a public sector auditor) must not audit the financial statements in respect of a particular financial year unless the person has been approved to do so by the responsible Ministers.

(5)

An auditor who has been approved by the responsible Ministers to audit the financial statements in respect of a particular financial year must satisfy the Regulator that the auditor has indeed been so approved.

(6)

In this regulation —

appropriately qualified auditor means a registered company auditor who —

(a)

is a member of CPA Australia entitled to use the letters “CPA” or “FCPA” and who holds a current practice certificate issued by CPA Australia; or

(b)

is a member of the Institute of Chartered Accountants in Australia entitled to use the letters “CA” or “FCA” and who holds a current certificate of public practice issued by the Institute; or

(c)

is a member of the Institute of Public Accountants entitled to use the letters “MIPA” or “FIPA” and who holds a professional practice certificate issued by the Institute.

7CFinancial statements

The financial statement must —

(a)

be prepared in accordance with Australian Accounting Standards; and

(b)

be audited in accordance with the Australian Auditing Standards.

7DAuditor not subject to direction

(1)

An auditor who conducts an audit of the financial statements for the purposes of the annual report is not subject to direction by any person about —

(a)

the way in which the auditor’s functions in relation to the audit or report on the financial statement are to be performed; or

(b)

the priority to be given to the audit or report on the financial statement.

(2)

Despite subregulation (1)(b), the Regulator and the auditor may enter into an agreement to ensure an audit or report is provided in sufficient time for it to be included in the annual report to be delivered to the responsible Ministers under section 43(1) (Annual report) of the Law.

(3)

Subregulation (1) does not limit the functions of the Auditor‑General of a participating jurisdiction under whose authority an audit is being conducted or a report is being prepared.

8Application for accreditation

For the purposes of section 64(2)(c) (Application for accreditation) of the Law, an application for accreditation must contain —

(a)

the following identification details of the applicant:

(i)

the applicant’s name;

(ii)

the applicant’s registered business name and trading name (if different from the registered business name);

(iii)

the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);

(iv)

the applicant’s residential address or, in the case of a body corporate, registered business address;

and

(b)

the name and contact details of the person or persons appointed by the applicant —

(i)

to deal with any queries that the Regulator may have in relation to the application; and

(ii)

to deal with any queries that the Regulator may have in relation to accreditation; and

(iii)

to deal with any queries that the Regulator may have in relation to the safety management system;

and

(c)

in the case of a rail infrastructure manager who does not own the rail infrastructure — documentary evidence that the manager has, or will have, management and control of the rail infrastructure; and

(d)

a description of the operational assets, or classes of operational assets, that the applicant intends to use or manage in the operations in respect of which the application is made, including any stations, signal and train control centres, signalling systems and rolling stock for service and maintenance activities; and

(e)

a description of the communications systems and network rules that the applicant intends to use in the operations in respect of which the application is made; and

(f)

in the case of a rolling stock operator — documentary evidence that the applicant has, or will have, effective management and control of the operation or movement of the rolling stock on rail infrastructure for a particular railway; and

(g)

if electrified railway tracks will be used — details of the electrification; and

(h)

details of the consultation undertaken by the applicant in relation to the applicant’s safety management system, including —

(i)

who was consulted; and

(ii)

when and how the consultation occurred; and

(iii)

the results of the consultation;

and

(i)

if the applicant is not an individual — evidence that the application has been submitted to and endorsed —

(i)

if the applicant is a body corporate —

(A)

that is a company within the meaning of the Corporations Act 2001 of the Commonwealth — in accordance with section 127 of that Act; or

(B)

in any other case — by its governing body;

(ii)

if the applicant is a partnership — by each partner;

(iii)

if the applicant is an unincorporated association or body — by its governing body;

and

(j)

if any of the activities that the applicant intends to carry out under the accreditation are to be carried out by any other person on behalf of the applicant —

(i)

the name and contact details of each such person; and

(ii)

details of the activities that it is intended the person will carry out on behalf of the applicant.

Rail Safety National Regulations (WA)

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