South Australian Consolidated Acts

RAIL SAFETY ACT 2007 - SCHEDULE 3

Schedule 3—Transitional provisions

Part 4—Transitional provisions

5—Interpretation

In this Part—

1996 Act means the Rail Safety Act 1996 .

6—Existing accreditations

        (1)         A rail transport operator who, immediately before the commencement of this clause, holds an accreditation under the 1996 Act will be taken, on that commencement, to hold an accreditation under this Act appropriate to the rail transport operator's circumstances (unless there is no requirement to hold such an accreditation under this Act).

        (2)         An accreditation under subclause (1)—

            (a)         will be in a form, and contain such provisions, including provisions which vary from the provisions of the accreditation under the 1996 Act, as the Regulator may determine; and

            (b)         will be subject to such conditions and restrictions as applied to the accreditation under the 1996 Act, subject to any variations, or new conditions or restrictions, as the Regulator may, by notice in writing to the rail transport operator, determine.

        (3)         If a person, immediately before the commencement of this clause, holds an accreditation under the 1996 Act but is not, on the commencement of this Act, required to hold an accreditation under this Act with respect to the same operations, the Minister may, in his or her absolute discretion, refund the whole or any part of a fee paid by the person with respect to the accreditation under the 1996 Act.

7—Private sidings

        (1)         A private siding that, immediately before the commencement of this clause, was registered under the 1996 Act will be taken, on that commencement, to be registered under this Act.

        (2)         A registration under subclause (1) will be subject to such conditions as applied to the registration under the 1996 Act, subject to any variations, or new conditions, as the Regulator may, by notice in writing to the relevant rail infrastructure manager, determine.

8—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

        (2)         A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.

        (4)         The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Schedule.