South Australian Consolidated Acts

RAIL SAFETY ACT 2007 - SECT 158

158—Regulations

        (1)         The Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act, including regulations that make provision for or in relation to any of the matters specified in Schedule 1.

        (2)         The regulations may—

            (a)         refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

            (b)         be of general or limited application; and

            (c)         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

            (d)         provide that a specified provision of this Act does not apply, or applies with prescribed variations, in a circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and

            (e)         provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Regulator or another prescribed authority; and

            (f)         in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors.

        (3)         Where the regulations refer to or incorporate a code, standard or other document prepared or published by a prescribed body—

            (a)         a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

            (b)         in legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and

            (c)         the code, standard or other document has effect as if it were a regulation made under this Act.