Western Australia: Rail Safety National Law (WA)

Western Australia Rail Safety National Law (WA) The Rail Safety National Law (as enacted by the Rail Safety National Law (South Australia) Act 2012 (South Australia) Schedule) is applied as a law of Western Australia by the Rail Safety National Law Application Act 2024 (the WA Application Act). Provisions of South Australian Acts that amend the Rail Safety National Law (the Law) also amend the Law as it applies in Western Australia where those amendments have effect and have commenced in Western Australia under sections 8 and 9 of the WA Application Act. This version is the Law as it applies in Western Australia as at the date specified below. It may be cited as the Rail Safety National Law (WA). Western Australia Rail Safety National Law (WA) Contents Part 1 — Preliminary 1 Short title 1 2 Commencement 1 3 Purpose, objects and guiding principles of Law 1 4 Interpretation 1 5 Interpretation generally 1 6 Declaration of substance to be drug 1 7 Railways to which this Law does not apply 1 8 Meaning of rail safety work 1 9 Single national entity 1 10 Extraterritorial operation of Law 1 11 Crown to be bound 1 Part 2 — Office of the National Rail Safety Regulator Division 1 — Establishment, functions, objectives, etc 12 Establishment 1 13 Functions and objectives 1 14 Independence of ONRSR 1 15 Powers 1 Division 2 — Office of the National Rail Safety Regulator Subdivision 1 — Constitution of ONRSR 16 Constitution of ONRSR 1 Subdivision 2 — National Rail Safety Regulator 17 Appointment of Regulator 1 18 Acting National Rail Safety Regulator 1 19 Functions of Regulator 1 20 Power of Regulator to obtain information 1 Subdivision 3 — Non‑executive members 21 Appointment of non‑executive members 1 Subdivision 4 — Miscellaneous provisions relating to membership 22 Vacancy in or removal from office 1 23 Member to give responsible Ministers notice of certain events 1 24 Extension of term of office during vacancy in membership 1 25 Members to act in public interest 1 26 Disclosure of conflict of interest 1 Division 3 — Procedures 27 Times and places of meetings 1 28 Conduct of meetings 1 29 Defects in appointment of members 1 30 Decisions without meetings 1 31 Common seal and execution of documents 1 Division 4 — Finance 32 Establishment of Fund 1 33 Payments into Fund 1 34 Payments out of Fund 1 35 Investment of money in Fund 1 36 Financial management duties of ONRSR 1 Division 5 — Staff 37 Chief executive 1 38 Staff 1 39 Secondments to ONRSR 1 40 Consultants and contractors 1 Division 6 — Miscellaneous 41 Regulator may be directed to investigate rail safety matter 1 42 National Rail Safety Register 1 43 Annual report 1 44 Other reporting requirements 1 45 Delegation 1 Part 3 — Regulation of rail safety Division 1 — Interpretation 46 Management of risks 1 47 Meaning of reasonably practicable 1 Division 2 — Occupational health and safety and railway operations 48 Relationship between this Law and OHS legislation 1 49 No double jeopardy 1 Division 3 — Rail safety duties Subdivision 1 — Principles 50 Principles of shared responsibility, accountability, integrated risk management, etc 1 51 Principles applying to rail safety duties 1 Subdivision 2 — Duties 52 Duties of rail transport operators 1 53 Duties of designers, manufacturers, suppliers etc 1 54 Duties of persons loading or unloading freight 1 55 Duty of officers to exercise due diligence 1 56 Duties of rail safety workers 1 Subdivision 3 — Offences and penalties 57 Meaning of safety duty 1 58 Failure to comply with safety duty — reckless conduct — Category 1 1 59 Failure to comply with safety duty — Category 2 1 60 Failure to comply with safety duty — Category 3 1 Division 4 — Accreditation Subdivision 1 — Purpose and requirement for accreditation 61 Purpose of accreditation 1 62 Accreditation required for railway operations 1 63 Purposes for which accreditation may be granted 1 Subdivision 2 — Procedures for granting accreditation 64 Application for accreditation 1 65 What applicant must demonstrate 1 66 Regulator may direct applicants to coordinate applications 1 67 Determination of application 1 Subdivision 3 — Variation of accreditation 68 Application for variation of accreditation 1 69 Determination of application for variation 1 70 Prescribed conditions and restrictions 1 71 Variation of conditions and restrictions 1 72 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of accreditation 73 Cancellation or suspension of accreditation 1 74 Immediate suspension of accreditation 1 75 Surrender of accreditation 1 Subdivision 5 — Miscellaneous 76 Annual fees 1 77 Waiver of fees 1 78 Penalty for breach of condition or restriction 1 79 Accreditation cannot be transferred or assigned 1 80 Sale or transfer of railway operations by accredited person 1 81 Keeping and making available records for public inspection 1 Division 5 — Registration of rail infrastructure managers of private sidings Subdivision 1 — Exemptions relating to certain private sidings 82 Exemption from accreditation in respect of certain private sidings 1 83 Requirement for managers of certain private sidings to be registered 1 Subdivision 2 — Procedures for granting registration 84 Application for registration 1 85 What applicant must demonstrate 1 86 Determination of application 1 Subdivision 3 — Variation of registration 87 Application for variation of registration 1 88 Determination of application for variation 1 89 Prescribed conditions and restrictions 1 90 Variation of conditions and restrictions 1 91 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of registration 92 Cancellation or suspension of registration 1 93 Immediate suspension of registration 1 94 Surrender of registration 1 Subdivision 5 — Miscellaneous 95 Annual fees 1 96 Waiver of fees 1 96A Annual activity statements 1 97 Registration cannot be transferred or assigned 1 98 Offences relating to registration 1 Division 6 — Safety management Subdivision 1 — Safety management systems 99 Safety management system 1 100 Conduct of assessments for identified risks 1 101 Compliance with safety management system 1 102 Review of safety management system 1 103 Safety performance reports 1 104 Regulator may direct amendment of safety management system 1 Subdivision 2 — Interface agreements 105 Requirements for and scope of interface agreements 1 106 Interface coordination — rail transport operators 1 107 Interface coordination — rail infrastructure and public roads 1 108 Interface coordination — rail infrastructure and private roads 1 109 Identification and assessment of risks 1 110 Regulator may give directions 1 111 Register of interface agreements 1 Subdivision 3 — Other safety plans and programs 112 Security management plan 1 113 Emergency management plan 1 114 Health and fitness management program 1 115 Drug and alcohol management program 1 116 Fatigue risk management program 1 Subdivision 4 — Provisions relating to rail safety workers 117 Assessment of competence 1 118 Identification of rail safety workers 1 Subdivision 5 — Other persons to comply with safety management system 119 Other persons to comply with safety management system 1 Division 7 — Information about rail safety etc 120 Power of Regulator to obtain information from rail transport operators 1 Division 8 — Investigating and reporting by rail transport operators 121 Notification of certain occurrences 1 122 Investigation of notifiable occurrences 1 Division 9 — Drug and alcohol testing by Regulator 122A Interpretation 1 123 Testing for presence of drugs or alcohol 1 124 Appointment of authorised persons 1 125 Identity cards 1 126 Authorised person may require preliminary breath test or breath analysis 1 127 Authorised person may require drug screening test, oral fluid analysis, urine test and blood test 1 127A Facilitation of testing 1 128 Offence relating to prescribed concentration of alcohol or prescribed drug 1 128A Offence to hinder or obstruct authorised person 1 128B Offence to assault, threaten or intimidate authorised person 1 128C Interfering or tampering with, or destroying, samples 1 129 Oral fluid, urine sample or blood sample or results of analysis etc not to be used for other purposes 1 Division 10 — Train safety recordings 130 Interpretation 1 131 Disclosure of train safety recordings 1 132 Admissibility of evidence of train safety recordings in civil proceedings 1 Division 11 — Audit of railway operations by Regulator 133 Audit of railway operations by Regulator 1 Part 4 — Securing compliance Division 1 — Guiding principle 134 Guiding principle 1 Division 2 — Rail safety officers 135 Appointment 1 136 Identity cards 1 137 Accountability of rail safety officers 1 138 Suspension and ending of appointment of rail safety officers 1 Division 3 — Regulator has functions and powers of rail safety officers 139 Regulator has functions and powers of rail safety officers 1 Division 4 — Functions and powers of rail safety officers 140 Functions and powers 1 141 Conditions on rail safety officers' powers 1 142 Rail safety officers subject to Regulator's directions 1 Division 5 — Powers relating to entry Subdivision 1 — General powers of entry 143 Powers of entry 1 144 Notification of entry 1 145 General powers on entry 1 146 Persons assisting rail safety officers 1 147 Use of electronic equipment 1 148 Use of equipment to examine or process things 1 149 Securing a site or rolling stock 1 Subdivision 2 — Search warrants 150 Search warrants 1 151 Announcement before entry on warrant 1 152 Copy of warrant to be given to person with control or management of place 1 Subdivision 3 — Limitation on entry powers 153 Places used for residential purposes 1 Subdivision 4 — Specific powers on entry 154 Power to require production of documents and answers to questions 1 155 Abrogation of privilege against self‑incrimination 1 156 Warning to be given 1 157 Power to copy and retain documents 1 Subdivision 5 — Powers to support seizure 158 Power to seize evidence etc 1 159 Directions relating to seizure 1 160 Rail safety officer may direct a thing's return 1 161 Receipt for seized things 1 162 Forfeiture of seized things 1 163 Return of seized things 1 164 Access to seized thing 1 Division 6 — Damage and compensation 165 Damage etc to be minimised 1 166 Rail safety officer to give notice of damage 1 167 Compensation 1 Division 7 — Other matters 168 Power to require name and address 1 168A Power to direct production of documents 1 169 Rail safety officer may take affidavits 1 170 Attendance of rail safety officer at inquiries 1 171 Directions may be given under more than 1 provision 1 Division 8 — Offences in relation to rail safety officers 172 Offence to hinder or obstruct rail safety officer 1 173 Offence to impersonate rail safety officer 1 174 Offence to assault, threaten or intimidate rail safety officer 1 Part 5 — Enforcement measures Division 1 — Improvement notices 175 Issue of improvement notices 1 176 Contents of improvement notices 1 177 Compliance with improvement notice 1 178 Extension of time for compliance with improvement notices 1 Division 2 — Prohibition notices 179 Issue of prohibition notice 1 180 Contents of prohibition notice 1 181 Compliance with prohibition notice 1 Division 3 — Non‑disturbance notices 182 Issue of non‑disturbance notice 1 183 Contents of non‑disturbance notice 1 184 Compliance with non‑disturbance notice 1 185 Issue of subsequent notices 1 Division 4 — General requirements applying to notices 186 Application of Division 1 187 Notice to be in writing 1 188 Directions in notices 1 189 Recommendations in notice 1 190 Variation or cancellation of notice by rail safety officer 1 191 Formal irregularities or defects in notice 1 192 Serving notices 1 Division 5 — Remedial action 193 When Regulator may carry out action 1 194 Power of Regulator to take other remedial action 1 195 Costs of remedial or other action 1 Division 6 — Injunctions 196 Application of Division 1 197 Injunctions for non‑compliance with notices 1 Division 7 — Miscellaneous 198 Response to certain reports 1 199 Power to require works to stop 1 200 Temporary closing of level crossings, bridges etc 1 201 Use of force 1 202 Power to use force against persons to be exercised only by police officers 1 Part 6 — Exemptions Division 1 — Ministerial exemptions 203 Ministerial exemptions 1 Division 1A — Exemptions granted by Regulator in event of emergency 203A Exemptions granted by Regulator in event of emergency 1 Division 2 — Exemptions granted by Regulator on application Subdivision 1 — Interpretation 204 Interpretation 1 Subdivision 2 — Procedures for conferring exemptions 205 Application for exemption 1 206 What applicant must demonstrate 1 207 Determination of application 1 Subdivision 3 — Variation of an exemption 208 Application for variation of an exemption 1 209 Determination of application for variation 1 210 Prescribed conditions and restrictions 1 211 Variation of conditions and restrictions 1 212 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of an exemption 213 Cancellation or suspension of an exemption 1 213A Surrender of exemption 1 Subdivision 5 — Penalty for breach of condition or restriction 214 Penalty for breach of condition or restriction 1 Subdivision 6 — Waiver of fees 214A Waiver of fees 1 Part 7 — Review of decisions 215 Reviewable decisions 1 216 Review by Regulator 1 217 Appeals 1 Part 8 — General liability and evidentiary provisions Division 1 — Legal proceedings Subdivision 1 — General matters 218 Period within which proceedings for offences may be commenced 1 219 Multiple contraventions of rail safety duty provision 1 220 Authority to take proceedings 1 Subdivision 2 — Imputing conduct to bodies corporate 221 Imputing conduct to bodies corporate 1 Subdivision 3 — Records and evidence 222 Records and evidence from records 1 223 Certificate evidence 1 224 Proof of appointments and signatures unnecessary 1 Division 2 — Discrimination against employees 225 Dismissal or other victimisation of employee 1 Division 3 — Offences 226 Offence to give false or misleading information 1 227 Not to interfere with train, tram etc 1 228 Applying brake or emergency device 1 229 Stopping a train or tram 1 Division 4 — Court‑based sanctions 230 Commercial benefits order 1 231 Supervisory intervention order 1 232 Exclusion orders 1 Part 9 — Infringement notices 233 Meaning of infringement penalty provision 1 234 Power to serve notice 1 235 Form of notice 1 236 Regulator cannot institute proceedings while infringement notice on foot 1 237 Late payment of penalty 1 238 Withdrawal of notice 1 239 Refund of infringement penalty 1 240 Payment expiates breach of infringement penalty provision 1 241 Payment not to have certain consequences 1 242 Conduct in breach of more than 1 infringement penalty provision 1 Part 10 — General Division 1 — Delegation by Minister 243 Delegation by Minister 1 Division 2 — Confidentiality of information 244 Confidentiality of information 1 Division 3 — Law does not affect legal professional privilege 245 Law does not affect legal professional privilege 1 Division 4 — Civil liability 246 Civil liability not affected by Part 3 Division 3 or Division 6 1 247 Protection from personal liability for persons exercising functions 1 248 Immunity for reporting unfit rail safety worker 1 Division 5 — Codes of practice 249 Approved codes of practice 1 250 Use of codes of practice in proceedings 1 Division 6 — Enforceable voluntary undertakings 251 Enforceable voluntary undertaking 1 252 Notice of decisions and reasons for decision 1 253 When a rail safety undertaking is enforceable 1 254 Compliance with rail safety undertaking 1 255 Contravention of rail safety undertaking 1 256 Withdrawal or variation of rail safety undertaking 1 257 Proceedings for alleged contravention 1 Division 7 — Other matters 258 Service of documents 1 259 Recovery of certain costs 1 260 Recovery of amounts due 1 260A Payment of portion of fines to ONRSR 1 261 Compliance with conditions of accreditation or registration 1 262 Contracting out prohibited 1 Division 8 — Application of certain South Australian Acts to this Law 263 Application of certain South Australian Acts to this Law 1 Division 9 — National regulations 264 National regulations 1 265 Publication of national regulations 1 Schedule 1 — National regulations Schedule 2 — Miscellaneous provisions relating to interpretation Part 1 — Preliminary 1 Displacement of Schedule by contrary intention 1 Part 2 — General 2 Law to be construed not to exceed legislative power of Parliament 1 3 Every section to be a substantive enactment 1 4 Material that is, and is not, part of this Law 1 5 References to particular Acts and to enactments 1 6 References taken to be included in Law or Act citation etc 1 7 Interpretation best achieving Law's purpose or object 1 8 Use of extrinsic material in interpretation 1 9 Effect of change of drafting practice 1 10 Use of examples 1 11 Compliance with forms 1 Part 3 — Terms and references 12 Definitions 1 13 Provisions relating to defined terms and gender and number 1 14 Meaning of may and must etc 1 15 Words and expressions used in statutory instruments 1 15A Provisions creating offences 1 16 Effect of express references to bodies corporate and individuals 1 17 Production of records kept in computers etc 1 18 References to this jurisdiction to be implied 1 19 References to officers and holders of offices 1 20 Reference to certain provisions of Law 1 21 Reference to provisions of this Law or an Act is inclusive 1 Part 4 — Functions and powers 22 Exercise of statutory functions 1 23 Power to make instrument or decision includes power to amend or repeal 1 24 Matters for which statutory instruments may make provision 1 25 Presumption of validity and power to make 1 26 Appointments may be made by name or office 1 27 Acting appointments 1 28 Powers of appointment imply certain incidental powers 1 29 Delegation of functions 1 30 Exercise of powers between enactment and commencement 1 Part 5 — Distance, time and age 31 Matters relating to distance, time and age 1 Part 6 — Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 1 33 Repealed provisions not revived 1 34 Saving of operation of repealed Law provisions 1 35 Continuance of repealed provisions 1 36 Law and amending Acts to be read as one 1 Part 7 — Instruments under Law 37 Schedule applies to statutory instruments 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Rail Safety National Law (WA) Part 1 — Preliminary 1 Short title This Law may be cited as the Rail Safety National Law (WA). 2 Commencement This Law commences in a participating jurisdiction as provided by the application Act of the jurisdiction. [Editorial note: This Law commenced in WA on 1 October 2024 (see Rail Safety National Law Application Act 2024 (WA) s. 2(b) and SL 2024/193 cl. 2.] 3 Purpose, objects and guiding principles of Law (1) The main purpose of this Law is to provide for safe railway operations in Australia. (2) The objects of this Law are — (a) to establish the Office of the National Rail Safety Regulator (the ONRSR); and (b) to make provision for the appointment, functions and powers of the National Rail Safety Regulator (the Regulator); and (c) to make provision for a national system of rail safety, including by providing a scheme for national accreditation of rail transport operators in respect of railway operations; and (d) to provide for the effective management of safety risks associated with railway operations; and (e) to provide for the safe carrying out of railway operations; and (f) to provide for continuous improvement of the safe carrying out of railway operations; and (g) to make special provision for the control of particular risks arising from railway operations; and (h) to promote public confidence in the safety of transport of persons or freight by rail; and (i) to promote the provision of advice, information, education and training for safe railway operations; and (j) to promote the effective involvement of relevant stakeholders, through consultation and cooperation, in the provision of safe railway operations. (3) The guiding principles under this Law are — (a) to assist rail transport operators to achieve productivity by the provision of a national scheme for rail safety; and (b) to operate the national scheme in a timely, transparent, accountable, efficient, effective, consistent and fair way; and (c) that fees required to be paid for the provision of the national scheme are to be reasonable having regard to the efficient and effective operation of the scheme. (4) The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action. 4 Interpretation (1) In this Law, unless the contrary intention appears — accredited person means a rail transport operator who is accredited under this Law, but does not include a person whose accreditation under this Law — (a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or (b) is suspended under this Law; Acting Regulator means an Acting National Rail Safety Regulator appointed under Part 2 Division 2; amusement structure means a structure or device operated for hire or reward, or provided on hire or lease — (a) that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and (b) that is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect; application Act means the Act of a jurisdiction that applies the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as a law of the jurisdiction; approved code of practice means a code of practice approved under section 249; associated railway track structures includes — (a) associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and (b) over‑track structures and under‑track structures (including tunnels under tracks); Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board; Australian rail safety law means this Law or a corresponding previous enactment in a participating jurisdiction corresponding, or substantially corresponding, to this Law; authorised person means — (a) a police officer; or (b) a person appointed under section 124; Category 1 offence — see section 58; Category 2 offence — see section 59; Category 3 offence — see section 60; commercial benefits order means an order under section 230; designated provision of this Law — see section 204; drug means — (a) a substance declared by the national regulations to be a drug for the purposes of this Law; and (b) a substance declared under section 6 to be a drug for the purposes of this Law; and (c) any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties; 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, for a function, includes perform; footpath means an area open to the public that is designated for, or 1 of its main uses is, use by pedestrians; Fund means the National Rail Safety Regulator Fund established under Part 2 Division 4; improvement notice means a notice under Part 5 Division 1; infringement penalty provision has the meaning given by section 233; interface agreement means an agreement made under Part 3 Division 6 Subdivision 2 about managing risks to safety identified and assessed in accordance with that Subdivision; jurisdiction means a State or Territory; level crossing includes each of the following areas: (a) an area where a road and a railway (other than a tramway) 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; (b) an area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area; (c) a pedestrian crossing — (i) being an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or (ii) being an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area; member, of ONRSR, means the Regulator, an Acting Regulator or a non‑executive member appointed under Part 2 Division 2; national regulations means the regulations made under section 264; non‑disturbance notice means a notice under Part 5 Division 3; 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 national 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 national regulations not to be a notifiable occurrence; occupational health and safety legislation means legislation relating to occupational health and safety prescribed by the national regulations for the purposes of this definition; Office of the National Rail Safety Regulator or ONRSR means the Office of the National Rail Safety Regulator established under Part 2 Division 1; officer — (a) in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; (b) in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person; participating jurisdiction means a jurisdiction in which — (a) this Law applies as a law of the jurisdiction; or (b) a law that substantially corresponds to the provisions of this Law has been enacted; or (c) a law prescribed by the national regulations for the purposes of this definition has been enacted; prescribed drug — see section 128; private siding means a siding that is owned, controlled or managed 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; or (b) a crossing loop; or (c) a passenger terminal; or (d) a freight terminal; or (e) a siding under the control and management of an accredited rail infrastructure manager; or (f) a siding, or a siding of a class, prescribed by the national regulations not to be a private siding; prohibition notice means a notice under Part 5 Division 2; 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; public road means any road other than a private road; public sector auditor means — (a) the Auditor‑General (however described) of a participating jurisdiction; or (b) an auditor employed, appointed or otherwise engaged, by an Auditor‑General of a participating jurisdiction; rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes — (a) railway tracks and associated railway track structures; and (b) service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and (c) notices and signs; and (d) electrical power supply and electric traction systems; and (e) associated buildings, workshops, depots and yards; and (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 national regulations not to be rail infrastructure; rail infrastructure manager, in relation to rail infrastructure of a railway, means the person who has effective control and management 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 each of the following: (a) a level crossing; (b) an area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area; (c) an area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area; (d) a bridge carrying a road over a railway; (e) a bridge carrying a railway over a road; (f) a lane of a road on which rolling stock moves alongside road vehicles on the road; rail safety officer means a person holding an appointment as a rail safety officer under Part 4 Division 2; rail safety undertaking — see Part 10 Division 6; rail safety work — see section 8; rail safety worker means an individual 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; rail workplace means a place where rail safety work is carried out, and includes any place where a rail safety worker goes, or is likely to be, while doing rail safety work; 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 millimetres or more, together with its rail infrastructure and rolling stock, and includes the following: (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 national regulations to be a railway; Note — See section 7 for railways to which this Law does not apply. railway operations means any of the following: (a) the construction of a railway, railway tracks and associated railway track structures; (b) the construction of rolling stock; (c) the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure; (d) the commissioning, use, modification, maintenance, repair or decommissioning of rolling stock; (e) 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); (f) the movement, or causing the movement, of rolling stock for the purposes of operating a railway service; (g) the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure; railway premises means — (a) land (including any premises on land) on or in which is situated rail infrastructure; or (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; or (c) freight centres or depots used in connection with the carrying out of railway operations; or (d) workshops or maintenance depots used in connection with the carrying out of railway operations; or (e) premises (including an office, building or housing) used in connection with the carrying out of railway operations; or (f) rolling stock or other vehicles associated with railway operations; or (g) any other rail workplace; reasonably practicable — see section 47; Register means the National Rail Safety Register established under section 42; registered person means a rail infrastructure manager who is registered under this Law, but does not include a person whose registration under this Law — (a) has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or (b) is suspended under this Law; Regulator means the National Rail Safety Regulator or an Acting National Rail Safety Regulator appointed under Part 2 Division 2; responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by that jurisdiction as its responsible Minister for the purposes of this Law; road infrastructure includes — (a) a road, including its surface or pavement; and (b) anything under or supporting a road or its surface or pavement; and (c) any bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and (d) any bridge or other work or structure located above, in or on a road; and (e) any traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and (f) anything prescribed by the national regulations to be road infrastructure, but does not include rail infrastructure or anything that is prescribed by the national regulations not to be road infrastructure; 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; or (b) in relation to a public road — means an authority, person or body responsible for the care, control or management of the road; 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 control and management of the operation or movement of rolling stock on rail infrastructure for a 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; running line means a railway track used primarily for the through movement of trains; 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 duty — see section 57; safety management system — see Part 3 Division 6; 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; South Australian Minister means the responsible Minister for South Australia; substance means substance in any form (whether gaseous, liquid, solid or other), and includes material, preparation, extract and admixture; supervisory intervention order — see section 231; 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; or (b) in relation to services — provide, grant or confer, whether as principal or agent; Territory means the Australian Capital Territory or the Northern Territory; this Law means — (a) this Law as it applies as a law of a participating jurisdiction; or (b) a law of a participating jurisdiction that — (i) substantially corresponds to the provisions of this Law; or (ii) is prescribed by the national regulations for the purposes of paragraph (c) of the definition of participating jurisdiction; train means — (a) 2 or more units of rolling stock coupled together, at least 1 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; train safety recording — see section 130; union means — (a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or (b) an association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law. (2) In this Law — (a) a reference to this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and (b) a reference to the responsible Ministers is a reference to a group of Ministers consisting of — (i) the responsible Minister for each participating jurisdiction; and (ii) a Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the Commonwealth Minister). (3) The Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation. 5 Interpretation generally Schedule 2 to this Law applies in relation to this Law. 6 Declaration of substance to be drug (1) The responsible Ministers may declare a substance to be a drug for the purposes of this Law. (2) A declaration under subsection (1) — (a) is to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and (b) will commence on the day specified in the declaration for its commencement (being not earlier than the date it is published); and (c) is to be published by ONRSR on its website. 7 Railways to which this Law does not apply (1) This Law does not apply to or in relation to — (a) a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or (b) a slipway; or (c) a railway used only to guide a crane; or (d) an aerial cable operated system; or (e) a railway used only by a horse‑drawn tram; or (f) a railway used only for a static display; or (g) any other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply. (2) This Law does not apply to or in relation to the following railways: (a) a railway that — (i) is privately owned and operated as a hobby; and (ii) is operated only on private property; and (iii) does not operate on or cross a public road; and (iv) is not operated for hire or reward, or provided on hire or lease; and (v) to which members of the public do not have access (whether by invitation or otherwise); (b) a railway that — (i) is used only for the purposes of an amusement structure; and (ii) is operated only within an amusement park; and (iii) does not operate on or cross a public road; and (iv) is not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law. (3) Despite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies. 8 Meaning of rail safety work (1) Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Law: (a) driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock; (b) signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock; (c) coupling or uncoupling rolling stock; (d) constructing, maintaining, repairing, modifying, monitoring, inspecting or testing — (i) rolling stock, including checking that the rolling stock is working properly before being used; or (ii) rail infrastructure, including checking that the rail infrastructure is working properly before being used; (e) installation of components in relation to rolling stock; (f) work on or about rail infrastructure or associated works or equipment that places, or may place, the person performing the work at risk of exposure to moving rolling stock; (g) installation or maintenance of — (i) a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or (ii) the means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system; (h) work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock; (i) work involving the decommissioning of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock; (j) work involving the development, management or monitoring of safe working systems for railways; (k) work involving the management or monitoring of passenger safety on, in or at any railway; (l) any other work that is prescribed by the national regulations to be rail safety work. (2) For the purposes of this Law, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work. 9 Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is 1 single national entity, with functions conferred by this Law as so applied. (2) An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by this Law may exercise its functions in relation to — (a) 1 participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes — (a) a reference to a law that substantially corresponds to this Law enacted in a jurisdiction; and (b) a law prescribed by the national regulations for the purposes of the definition of a participating jurisdiction. 10 Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 11 Crown to be bound (1) This Law binds the Crown, in right of this jurisdiction and, insofar as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. (2) No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law. Part 2 — Office of the National Rail Safety Regulator Division 1 — Establishment, functions, objectives, etc 12 Establishment (1) The Office of the National Rail Safety Regulator (ONRSR) is established. (2) ONRSR — (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (3) ONRSR represents the Crown. 13 Functions and objectives (1) In addition to any other function conferred on ONRSR by this Law or an Act, ONRSR has the following functions: (a) to administer, audit and review the accreditation regime under this Law; (b) to work with rail transport operators, rail safety workers, and others involved in railway operations, to improve rail safety nationally; (c) to conduct research, collect and publish information relating to rail safety; (d) to provide, or facilitate the provision of, advice, education and training in relation to rail safety; (e) to monitor, investigate and enforce compliance with this Law; (f) to engage in, promote and coordinate the sharing of information to achieve the objects of this Law, including the sharing of information with a prescribed authority; (g) at the request of the Commonwealth or a jurisdiction—to carry out any other function as agreed between ONRSR and the jurisdiction. (2) In exercising its functions, ONRSR must — (a) facilitate the safe operations of rail transport in Australia; and (b) exhibit independence, rigour and excellence in carrying out its regulatory functions; and (c) promote safety and safety improvement as a fundamental objective in the delivery of rail transport in Australia. (3) In this section — prescribed authority means — (a) the Australian Transport Safety Bureau established under the Transport Safety Investigation Act 2003 of the Commonwealth; and (ab) Rail Industry Safety and Standards Board (RISSB) Limited; and (b) any other relevant authority established under a law of a participating jurisdiction. 14 Independence of ONRSR Except as provided under this Law or an Act, ONRSR is not subject to Ministerial direction in the exercise of its functions or powers. 15 Powers (1) ONRSR has all the powers of an individual and, in particular, may — (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, real and personal property; and (c) do anything necessary or convenient to be done in the exercise of its functions. (2) Without limiting subsection (1), ONRSR may enter into an agreement (a service agreement) with a State or Territory that makes provision for — (a) the State or Territory to provide services to ONRSR that assist ONRSR in exercising its functions; or (b) ONRSR to provide services to the State or Territory. Division 2 — Office of the National Rail Safety Regulator Subdivision 1 — Constitution of ONRSR 16 Constitution of ONRSR (1) ONRSR consists of — (a) a person appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers as the National Rail Safety Regulator (the Regulator); and (b) 2 non‑executive members (full‑time or part‑time) as are appointed by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers. (2) The exercise of a function or power of ONRSR is not affected by a vacancy in the membership of ONRSR. Subdivision 2 — National Rail Safety Regulator 17 Appointment of Regulator (1) A person may be appointed as the National Rail Safety Regulator who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR's functions. (2) The Regulator will be appointed for a term not exceeding 5 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers. (3) The Regulator is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time. (4) In setting the remuneration and allowances for the Regulator, regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time. (5) At the expiration of a term of appointment, the Regulator will be eligible for reappointment. (6) The conditions of appointment of the Regulator must not, without the consent of the Regulator, be varied while the Regulator is in office so as to become less favourable to the Regulator. (7) The Regulator must not engage, without the written consent of the South Australian Minister acting on the unanimous recommendation of the responsible Ministers, in any other remunerated employment. 18 Acting National Rail Safety Regulator (1) The South Australian Minister may appoint an Acting National Rail Safety Regulator (who may, or may not, be a non‑executive member or a member of the staff of ONRSR) to act in the office of the Regulator and a person so appointed has, while so acting, all the functions and powers of the Regulator. (2) An Acting Regulator may act in the office of the Regulator — (a) during a vacancy in the office of the Regulator (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Regulator — (i) is absent from duty or from Australia; or (ii) is, for any reason, unable to exercise the duties of the office; or (c) if the Regulator is disqualified from acting in relation to a particular matter — in relation to that matter. (3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because — (a) the occasion for the appointment had not arisen; or (b) there is a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. 19 Functions of Regulator (1) The functions of the Regulator include — (a) being the chief executive of ONRSR; and (b) exercising the functions of ONRSR conferred on the Regulator under this Law or an Act; and (c) otherwise acting on behalf of ONRSR in appropriate cases. (2) An act of the Regulator will be taken to be an act of ONRSR. (3) Except as provided under this Law or an Act of a participating jurisdiction, the Regulator is not subject to direction in the exercise of his or her functions or powers. (4) The Regulator must act consistently with the policies determined by ONRSR. 20 Power of Regulator to obtain information (1) This section applies if the Regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Law or that will assist to monitor or enforce compliance with this Law. (2) The Regulator may, by written notice served on the person, require the person to do 1 or more of the following: (a) to give the Regulator in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the manner specified in the notice, that information of which the person has knowledge; (b) to produce to the Regulator, in accordance with the notice, those documents; (c) to appear before a person appointed by the Regulator on a day, and at a time and place, specified in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents. (3) The notice must — (a) state that the requirement is made under this section; and (b) contain a statement to the effect that a failure to comply with a requirement is an offence; and (c) if the notice requires the person to provide information or documents or answer questions — (i) contain a statement about the effect of sections 155 and 245; and (ii) state that the person may attend with a legal practitioner. (5) A person must not, without reasonable excuse, fail to comply with a requirement under this section. Maximum penalty: (a) in the case of an individual — $10 000; (b) in the case of a body corporate — $50 000. (6) Subsection (5) places an evidential burden on the accused to show a reasonable excuse. (7) Section 155 (with any necessary changes) applies to a requirement under this section. Subdivision 3 — Non‑executive members 21 Appointment of non‑executive members (1) A person may be appointed as a non‑executive member of ONRSR who is qualified for appointment because the person has a high level of expertise in 1 or more areas relevant to ONRSR's functions. (2) A non‑executive member will be appointed for a term not exceeding 4 years on terms and conditions determined by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers. (3) A non‑executive member is entitled to be paid the remuneration and allowances decided by the South Australian Minister acting on the unanimous recommendation of the responsible Ministers from time to time. (4) In setting the remuneration and allowances for a non‑executive member regard must be had to relevant rates (if any) published by the Remuneration Tribunal of the Commonwealth from time to time. (5) At the expiration of a term of appointment, a non‑executive member will be eligible for reappointment. (6) The conditions of appointment of a non‑executive member must not, without the consent of the member, be varied while the member is in office so as to become less favourable to the member. Subdivision 4 — Miscellaneous provisions relating to membership 22 Vacancy in or removal from office (1) The office of a member of ONRSR becomes vacant if the member — (a) completes a term of office; or (b) resigns by written notice given to the responsible Ministers; or (c) has been found guilty of an offence, whether in a participating jurisdiction or elsewhere, that the responsible Ministers consider renders the member unfit to continue to hold the office of member; or (d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or (e) is absent, without leave first being granted by the relevant entity from 3 or more consecutive meetings of ONRSR of which reasonable notice has been given to the member personally or by post; or (f) is removed from office by the South Australian Minister under this section; or (g) dies. (2) The South Australian Minister may remove a member of ONRSR from office if the responsible Ministers recommend the removal of the member on the basis that the member has engaged in misconduct or has failed to or is unable to properly exercise the member's functions as a member of ONRSR. (3) In this section — relevant entity means — (a) for the Regulator — the responsible Ministers; or (b) for a non‑executive member — the Regulator. 23 Member to give responsible Ministers notice of certain events A member of ONRSR must, within 7 days of either of the following events occurring, give the responsible Ministers notice of the event: (a) the member is convicted of an offence; (b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit. 24 Extension of term of office during vacancy in membership (1) If the office of a member of ONRSR becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled, whether by reappointment of the member or appointment of a successor to the member. (2) However, this section ceases to apply to the member if — (a) the member resigns the member's office by signed notice given to the responsible Ministers; or (b) the responsible Ministers decide the services of the member are no longer required. (3) The maximum period for which a member of ONRSR is taken to continue to be a member under this section after completion of the member's term of office is 6 months. 25 Members to act in public interest A member of ONRSR is to act impartially and in the public interest in the exercise of the member's functions as a member. 26 Disclosure of conflict of interest (1) If a member of ONRSR has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member, the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the member's interest and the conflict to — (a) for the Regulator — the responsible Ministers; or (b) for a non‑executive member — the Regulator. (2) If a disclosure is made under subsection (1), the entity to whom the disclosure is made must notify ONRSR of the disclosure. (3) Particulars of any disclosure made under subsection (1) must be recorded by ONRSR in a register of interests kept for the purpose. (4) After a member of ONRSR has disclosed the nature of an interest and conflict or potential conflict under subsection (1), the member must not be present during any deliberation of ONRSR with respect to any matter that is, or may be, affected by the conflict, or take part in any decision of ONRSR with respect to any matter that is, or may be, affected by the conflict, unless — (a) for the Regulator, the responsible Ministers otherwise decide; or (b) for a non‑executive member, ONRSR otherwise decides. (5) For the purposes of the making of a decision by ONRSR under subsection (4) in relation to a matter, a member of ONRSR who has a direct or indirect pecuniary or other interest that conflicts or may conflict with the exercise of the member's functions as a member with respect to the matter must not — (a) be present during any deliberation of ONRSR for the purpose of making the decision; or (b) take part in the making of the decision by ONRSR. (6) A contravention of this section does not invalidate any decision of ONRSR but if ONRSR becomes aware a member of ONRSR contravened this section, ONRSR must reconsider any decision made by ONRSR in which the member took part in contravention of this section. Division 3 — Procedures 27 Times and places of meetings (1) The Regulator must hold such meetings as he or she considers necessary for the efficient exercise of ONRSR's functions. (2) Meetings are to be held at such times and places as the Regulator decides. 28 Conduct of meetings (1) The Regulator is to preside at all meetings of ONRSR at which he or she is present. (2) If the Regulator is not present at a meeting, a person appointed to act as the Regulator must be present and preside. (3) A quorum of ONRSR consists of 2 members. (4) A decision supported by a majority of the votes cast at a meeting of ONRSR at which a quorum is present is the decision of ONRSR. (5) The person presiding at a meeting of ONRSR has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. (6) Subject to this Division, ONRSR may regulate its own procedures. (7) ONRSR must ensure that minutes of its meetings are kept. 29 Defects in appointment of members A decision of ONRSR is not invalidated by any defect or irregularity in the appointment of a member. 30 Decisions without meetings (1) A decision is taken to have been made at a meeting of ONRSR if — (a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined under this section; and (b) all members were informed, or reasonable efforts were made to inform all members, of the proposed decision. (2) Subsection (1) applies only if ONRSR — (a) has determined that it applies; and (b) has determined the method by which members are to indicate agreement with proposed decisions. (3) ONRSR must keep a record of decisions made under this section. 31 Common seal and execution of documents (1) The common seal of ONRSR must not be affixed to a document except in pursuance of a decision of ONRSR, and the affixing of the seal must be attested by the signature of the Regulator or Acting Regulator. (2) ONRSR may, by instrument under ONRSR's common seal, authorise an employee of ONRSR (whether nominated by name or by office or title) or any other person to execute documents on behalf of ONRSR subject to conditions and limitations (if any) specified in the instrument of authority. (3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of ONRSR. (4) A document is duly executed by ONRSR if — (a) the common seal of ONRSR is affixed to the document in accordance with this section; or (b) the document is signed on behalf of ONRSR by a person or persons in accordance with an authority conferred under this section. (5) Where an apparently genuine document purports to bear the common seal of ONRSR, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of ONRSR has been duly affixed to that document. Division 4 — Finance 32 Establishment of Fund (1) The National Rail Safety Regulator Fund is established. (2) The Fund is to be administered by ONRSR. (3) ONRSR may establish accounts with any financial institution for money in the Fund. (4) The Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth. 33 Payments into Fund There is payable into the Fund — (a) all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and (b) all fees, charges, costs and expenses paid to or recovered by ONRSR under this Law; and (ba) all infringement penalties paid to or recovered by ONRSR; and (bb) all portions of fines paid to ONRSR by order of a court under section 260A; and (c) the proceeds of the investment of money in the Fund; and (d) all grants, gifts and donations made to ONRSR, but subject to any trusts declared in relation to the grants, gifts or donations; and (e) all money directed or authorised to be paid into the Fund under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and (f) any other money or property received by ONRSR in connection with the exercise of its functions; and (g) any money paid to ONRSR for the provision of services to a State or Territory under an agreement mentioned in section 15(2)(b). 34 Payments out of Fund Payments may be made from the Fund for the purpose of — (a) paying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law, including (for example) payments made to a State or Territory for the provision of services under an agreement mentioned in section 15(2)(a); and (b) paying any money directed or authorised to be paid out of the Fund under this Law; and (c) any other payments recommended by ONRSR and approved by the responsible Ministers. 35 Investment of money in Fund (1) ONRSR must invest its funds in a way that is secure and provides a low risk so that ONRSR's exposure to the loss of funds is minimised. (2) ONRSR must keep records that show it has invested in a way that complies with subsection (1). 36 Financial management duties of ONRSR ONRSR must — (a) ensure its operations are carried out efficiently, effectively and economically; and (b) keep proper books and records in relation to the Fund and other money received by ONRSR; and (c) ensure expenditure is made from the Fund for lawful purposes only and, as far as possible, reasonable value is obtained for money expended from the Fund; and (d) ensure its procedures, including internal control procedures, afford adequate safeguards with respect to — (i) the correctness, regularity and propriety of payments made from the Fund; and (ii) receiving and accounting for payments made to the Fund; and (iii) prevention of fraud or mistake; and (e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and (f) take any action necessary to facilitate the audit of those financial statements under this Law; and (g) arrange for any furthe