South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"accredited person" means a rail transport operator who is accredited under
this Act but does not include a person whose accreditation under this
Act—
(a) has
been surrendered or revoked or has otherwise ceased to have effect under this
Act; or
(b) is
suspended under this Act;
"appointed person" means a person appointed by the Minister for the purposes
of Part 4 Division 4;
"Australian rail safety law" means a rail safety law or a corresponding rail
safety law;
"Australian Rail Safety Regulator" means the Rail Safety Regulator or a
corresponding Rail Safety Regulator;
"authorised officer" means a person holding an appointment as an authorised
officer under Part 3 Division 2 and includes a rail safety officer in the
exercise of functions under this Act;
"business day" means any day except a Saturday, Sunday or public holiday;
"commercial benefits order" means an order under section 140;
"compliance code" means a compliance code approved by the Minister under
section 149;
"corresponding law" means—
(a) the
law of another jurisdiction corresponding, or substantially corresponding, to
this Act; or
(b) a
law of another jurisdiction that is declared under the regulations to be a
corresponding law, whether or not the law corresponds, or substantially
corresponds, to this Act;
"corresponding rail safety law" means a rail safety law as defined in a
corresponding law;
"corresponding Rail Safety Regulator" means—
(a) the
Rail Safety Regulator within the meaning of a corresponding rail safety law
(except in the case of a jurisdiction for which a person is prescribed under
paragraph (b)); or
(b) a
person prescribed by the regulations as the corresponding Rail Safety
Regulator for another jurisdiction for the purposes of this Act;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"drug" means—
(a) a
substance that is a drug for the purposes of this Act by virtue of a
declaration under section 5; and
(b) any
other substance (other than alcohol) which, when consumed or used by a person,
deprives that person (temporarily or permanently) of any of his or her normal
mental or physical faculties;
"embargo notice" means a notice under section 91;
"employee" means a person employed under a contract of employment or contract
of training;
"employer" means a person who employs 1 or more other persons under contracts
of employment or contracts of training;
"exercise" includes perform;
"footpath" means an area open to the public that is designated for, or
1 of its main uses is, use by pedestrians;
"function" includes power, authority or duty;
"guidelines" means guidelines approved by the Minister under section 149;
"improvement notice" means a notice under section 101;
"interface agreement" means an agreement about managing risks to safety
identified and assessed under Part 4 Division 4 that includes provisions
for—
(a)
implementing and maintaining measures to manage those risks; and
(b) the
evaluation, testing and, where appropriate, revision, of those measures; and
(c) the
respective roles and responsibilities of each party to the agreement in
relation to those measures; and
(d)
procedures by which each party to the agreement will monitor compliance with
the obligations under the agreement; and
(e) a
process for keeping the agreement under review and its revision;
"jurisdiction" means a State or Territory;
"level crossing" means an area where a road and a railway 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;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"notifiable occurrence" means an accident or incident associated with railway
operations—
(a) that
has, or could have, caused—
(i)
significant property damage; or
(ii)
serious injury; or
(iii)
death; or
(b) that
is, or is of a class that is, prescribed by the regulations to be a notifiable
occurrence or class of notifiable occurrence,
but does not include an accident or incident, or class of accident or
incident, that is prescribed by the regulations not to be a notifiable
occurrence;
"occupational health and safety legislation" means the
Occupational Health, Safety and Welfare Act 1986 , or a law of the
Commonwealth that relates to occupational health and safety prescribed by the
regulations for the purposes of this definition;
"oral fluid" includes saliva;
"prescribed concentration of alcohol" means the concentration of alcohol
present in the blood of a person that is prescribed by the regulations (being
a specified amount, or any greater amount, of alcohol in 100 millilitres
of blood);
"prescribed drug" means a substance declared by the regulations to be a
prescribed drug;
"private road" means a road in private ownership;
"private siding" means a siding that is managed, owned or controlled by a
person, other than a person who manages the rail infrastructure with which the
siding connects or to which it has access, but does not include—
(a) a
marshalling yard;
(b) a
crossing loop;
(c) a
passenger terminal;
(d) a
freight terminal;
(e) a
siding, or a siding of a class, prescribed by the regulations not to be a
private siding;
"prohibition notice" means a notice under section 106;
"public place" means—
(a) a
place that—
(i)
the public is entitled to use; or
(ii)
is open to members of the public; or
(iii)
is used by the public,
whether or not on payment of money; or
(b) a
place that the occupier allows members of the public to enter, whether or not
on payment of money;
"rail infrastructure" means the facilities that are necessary to enable a
railway to operate safely and includes, but is not limited to—
(a)
railway tracks and associated track structures;
(b)
service roads, signalling systems, communications systems, rolling stock
control systems and data management systems;
(c)
notices and signs;
(d)
electrical power supply and electric traction systems;
(e)
associated buildings, workshops, depots and yards;
(f)
plant, machinery and equipment,
but does not include—
(g)
rolling stock; or
(h) any
facility, or facility of a class, that is prescribed by the regulations not to
be rail infrastructure;
"rail infrastructure manager", in relation to rail infrastructure of a
railway, means the person who has effective management and control of the rail
infrastructure, whether or not the person—
(a) owns
the rail infrastructure; or
(b) has
a statutory or contractual right to use the rail infrastructure or to control,
or provide, access to it;
"rail or road crossing" includes a railway crossing, a bridge carrying a road
over a railway and a bridge carrying a railway over a road;
"rail safety law" means this Act and the regulations or a provision of this
Act or the regulations;
"rail safety officer" means a person who under the provisions of a
corresponding rail safety law corresponds to an authorised officer under this
Act;
"rail safety work"—see section 9;
"rail safety worker" means a natural person who has carried out, is carrying
out or is about to carry out, rail safety work;
"rail transport operator" means—
(a) a
rail infrastructure manager; or
(b) a
rolling stock operator; or
(c) a
person who is both a rail infrastructure manager and a rolling stock operator;
"railway" means a guided system, or proposed guided system, designed for the
movement of rolling stock having the capability of transporting passengers or
freight, or both, on a railway track with a gauge of 600 mm or more,
together with its rail infrastructure and rolling stock and includes—
(a) a
heavy railway;
(b) a
light railway;
(c) a
monorail;
(d) an
inclined railway;
(e) a
tramway;
(f) a
railway within a marshalling yard or a passenger or freight terminal;
(g) a
private siding;
(h) a
guided system, or guided system of a class, prescribed by the regulations to
be a railway;
Note—
See section 6 for railways to which this Act does not apply.
"railway crossing" means—
(a) a
level crossing; or
(b) any
area where a footpath or shared path crosses a railway or tram tracks at
substantially the same level;
"railway operations" means—
(a) the
construction of a railway, railway tracks and associated track structures or
rolling stock;
(b) the
management, commissioning, maintenance, repair, modification, installation,
operation or decommissioning of rail infrastructure;
(c) the
commissioning, maintenance, repair, modification or decommissioning of rolling
stock;
(d) 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);
(e) the
movement, or causing the movement, of rolling stock for the purposes of
operating a railway service;
"railway premises" means—
(a) land
(including any premises on land) on or in which is situated rail
infrastructure;
(b) 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;
(c)
freight centres or depots used in connection with the carrying out of railway
operations;
(d)
workshops or maintenance depots used in connection with the carrying out of
railway operations;
(e)
premises including an office, building or housing used in connection with the
carrying out of railway operations;
(f)
rolling stock or other vehicles associated with railway operations;
"railway tracks and associated track structures" means—
(a)
railway tracks and associated track structures and works (such as cuttings,
sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land
fill, track support earthworks and drainage works);
(b)
over-track structures and under-track structures (including tunnels under
tracks);
"registered association" means—
(a) an
association registered under the Fair Work Act 1994 or an organisation
registered under the Fair Work (Registered Organisations) Act 2009 of the
Commonwealth; or
(b) the
United Trades and Labor Council;
"Regulator" or "Rail Safety Regulator"—see Part 3 Division 1;
"road" means a road within the meaning of the Road Traffic Act 1961 ;
"road infrastructure" has the same meaning as in the Road Traffic
Act 1961 ;
"road manager"—
(a) in
relation to a private road—means the owner, or other person responsible
for the care, control and management, of the road;
(b) in
relation to any other road—means an authority, person or body
responsible for the care, control or management of the road;
"road vehicle" means a motor vehicle within the meaning of the
Motor Vehicles Act 1959 ;
"rolling stock" means a vehicle that operates on or uses a railway and
includes a locomotive, carriage, rail car, rail motor, light rail vehicle,
train, tram, light inspection vehicle, self propelled infrastructure
maintenance vehicle, trolley, wagon or monorail vehicle, but does not include
a vehicle designed to operate both on and off a railway when the vehicle is
not operating on a railway;
"rolling stock operator" means a person who has effective management and
control of the operation or movement of rolling stock on rail infrastructure
for a particular railway but does not include a person by reason only that the
person drives the rolling stock or controls the network or the network
signals;
"safety" means the safety of people, including rail safety workers,
passengers, other users of railways, users of rail or road crossings and the
general public;
"safety management plan" means a document describing a safety management
system;
"safety management system"—see section 58;
"security management plan"—see section 63;
"shared path" has the same meaning as in the Australian Road Rules ;
"siding" means a portion of railway track, connected by points to a running
line or another siding, on which rolling stock can be placed clear of the
running line;
"spouse"—a person is the spouse of another if they are legally married;
"substance" means substance in any form (whether gaseous, liquid, solid or
other) and includes material, preparation, extract and admixture;
"supervisory intervention order" means an order under section 141;
"supply" includes—
(a) in
relation to goods—supply or resupply by way of sale, exchange, lease,
hire or hire purchase, whether as principal or agent;
(b) in
relation to services—provide, grant or confer, whether as principal or
agent;
"this jurisdiction" means South Australia;
"train" means—
(a) 2 or
more units of rolling stock coupled together, at least one of which is a
locomotive or other self propelled unit; or
(b) a
unit of rolling stock that is a locomotive or other self propelled unit.