Rail Safety National Regulations (WA)

as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act 1972 of South Australia;

section 4(1), definition of agency — as if the following paragraph were inserted after paragraph (f) of the definition:

the Office of the National Rail Safety Regulator (ONRSR); or

section 4(1), definition of government — as if government referred to the government of each participating jurisdiction;

section 4(1) — as if the following definition were inserted after the definition of officer:

section 4(1), definition of State Government agency — as if the ONRSR were excluded from the definition;

section 4(1) — as if the following definitions were inserted after the definition of principal officer:

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, as it applies as a law of a participating jurisdiction; or

a law of a participating jurisdiction, as in force from time to time, that —

substantially corresponds to the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012; or

is prescribed by the Rail Safety National Law National Regulations 2012 for the purposes of paragraph (c) of the definition of participating jurisdiction;

section 9(1a) — as if subsection (1a) were deleted and the following subsection substituted:

ONRSR must, at intervals of not more than 12 months, cause an up‑to‑date information statement to be published in ONRSR’s annual report and on ONRSR’s website.

section 21(1)(b) — as if the reference to Parliament were a reference to the Parliament of a participating jurisdiction;

section 53(2)(b) — as if paragraph (b) were deleted;

as if section 54AA were deleted and the following section substituted:

ONRSR must comply with any requirements notified by the Minister in the Gazette as to the keeping of records and information for the purposes of monitoring compliance with this Act.

The annual report of ONRSR must include the information referred to in subsection (1).

Schedule 1 — as if a reference to Cabinet were a reference to the Cabinet of a participating jurisdiction;

Schedule 1 — as if a reference to Executive Council were a reference to the Executive Council (by whatever name) of a participating jurisdiction;

Schedule 1, clause 4(2)(a)(iii) — as if “revenue law” were deleted and “rail safety law” were substituted;

Schedule 1, clause 4(2)(a)(iv) — as if “or managing rail safety” were inserted after “public safety”;

Schedule 1, clause 7(1)(c)(ii)(A) — as if “the Government or to an agency” were deleted and “ONRSR or the Regulator” were substituted;

Schedule 1, clause 9(1)(a)(ii) — as if “including by, or with, a committee of ONRSR” were inserted after “taken place”;

Schedule 1, clause 9(1)(a) — as if “an agency” were deleted and “ONRSR or the Regulator” were substituted;

Schedule 1, clause 13(1)(b)(i) — as if “the Government or to an agency” were deleted and “ONRSR or the Regulator in a co‑regulatory environment” were substituted;

Schedule 1, clause 13(2) to (7) — as if subclauses (2) to (7) (inclusive) were deleted;

Schedule 1 — as if the following clauses were inserted after clause 19:

a document that contains information from a communication between ONRSR or the Regulator and either of the following:

a member of the Transport and Infrastructure Council (or such other body that may, from time to time, be a body in substitution of the Council);

a government agency of a participating jurisdiction,

a document that contains information from a communication between ONRSR or the Regulator and a responsible Minister (within the meaning of the Rail Safety National Law).

A document is an exempt document if —

it is a train safety recording or any part of a train safety recording; or

it contains any information obtained from a train safety recording or any part of a train safety recording,

In this clause —

with any other modifications that are necessary.