South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 1996 - SECT 3

3—Interpretation

In this Act—

"Administrating Authority" means a person or body appointed by the Minister as the Administrating Authority for the purposes of this Act;

"Australian Rail Safety Standard" means the principles and standards prepared, approved and published by the Standards Association of Australia in relation to railway safety management;

"authorised officer" means a person appointed as an authorised officer under section 45;

"document" means book, paper or record of information, whether in writing or accessible only through the use of a computer or other device;

"investigator" means a person appointed as an investigator under section 41;

"notifiable occurrence" means an occurrence specified in Schedule 1 as amended from time to time by regulation;

"operation" of rolling stock includes provision, maintenance or movement of rolling stock;

"operation of a railway" means the operation of rolling stock on a railway;

"operator", in relation to a railway, means a person who is responsible (whether by reason of ownership, control or management) for the operation of rolling stock on the railway (or for the purposes of the railway);

"owner", in relation to a railway, means a person who is responsible (whether by reason of ownership, control or management) for—

            (a)         the construction and maintenance, or construction or maintenance, of rail infrastructure; or

            (b)         the operation of train control, signalling or communication systems;

"private siding" means a siding owned and maintained by a person who does not own, control or manage the running line with which the siding connects or to which it has access, but does not include a marshalling yard or a passenger or freight terminal, or a siding of a kind excluded by the regulations from the ambit of this definition;

"rail infrastructure" or "infrastructure" means the facilities necessary to enable a railway to operate safely and includes (but is not limited to) railway track, associated track structures, over or under track structures, supports (including supports for equipment or items associated with the use of a railway), tunnels, bridges, stations, platforms, train control systems, signalling systems, communication systems, electric traction infrastructure, buildings, workshops and associated plant, machinery and equipment;

"railway" means a guided system designed for the movement of rolling stock which has the capability of transporting passengers, freight or both on a railway track, together with its infrastructure and associated sidings, and includes a heavy railway, light railway, inclined railway or tramway, a railway within a marshalling yard or a passenger or freight terminal, and a railway of a kind prescribed by the regulations for the purposes of this definition;

"railway employee" means an employee or contractor of an owner or operator who performs railway safety work and includes a person who performs railway safety work on a voluntary or unpaid basis;

"railway safety work" means any of the following classes of work:

            (a)         work that involves or relates to the driving or operation of a train or trains; or

            (b)         work that involves or relates to the control of the movement of a train or trains; or

            (c)         work that involves or relates to the design, construction, repair, maintenance, upgrading, inspection, testing or removal of rail infrastructure or rolling stock; or

            (d)         other work of a kind prescribed by the regulations for the purposes of this definition;

"rolling stock" means a vehicle (whether or not self-propelled) that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track when the vehicle is not operating on a railway track;

Examples—

A locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon.

"running line" means railway tracks (other than sidings) used for the through movement of trains;

"safeworking systems", in relation to a railway, means the systems and procedures for operating trains safely and for protecting railway employees, passengers, freight, rolling stock and motor vehicles on or in the proximity of railway tracks;

"siding" means a portion of a railway track, connected by points to a running line or another siding, on which rolling stock can be placed clear of the running line and left unattended;

"State" includes a Territory;

"track" means the combination of rails, rail connectors, sleepers, ballast, points and crossings (or substitute devices if used);

"train" means one or more units of rolling stock coupled together, at least one of which is a locomotive or other self-propelled unit.