Energy Grants (Credits) Scheme Act 2003 (Repealed)

Part 2 - Interpretation  

Division 3 - Definitions used only in off-road credits Part  

Subdivision D - Use in marine transport or rail transport  

SECTION 38 (Repealed by 73 of 2006)   Use in rail transport  

(1)    
This section sets out the meaning of the expression use in rail transport .

(2)   Use in a rail vehicle in rail transport or light rail transport  

Use in a rail vehicle in rail transport or light rail transport is use in rail transport .

(3)   Use in a rail vehicle for various purposes  

Use in a rail vehicle, or in equipment in or on a rail vehicle, for any of the following purposes is use in rail transport :

(a) loading anything onto the rail vehicle, or enabling persons to board the rail vehicle, for the purpose of being transported by the vehicle;

(b) unloading anything from the rail vehicle, or enabling persons to alight from the rail vehicle, after being transported by the vehicle;

(c) repairing or maintaining rails;

(d) observing the condition of rails;

(e) reducing fire hazards on or adjacent to rails;

(f) rescuing or recovering derailed rail vehicles or carriages or other parts of rail vehicles;

(g) any purpose in connection with using the rail vehicle:

(i) in rail transport; or

(ii) for any of the purposes mentioned in the preceding paragraphs; or

(iii) as mentioned in subsection (4).

(4)   Use in a rail vehicle on certain journeys  

Use in a rail vehicle:

(a) on its forward journey for the purpose of using it in rail transport or using it for any of the purposes mentioned in paragraphs (3)(a) to (f); or

(b) on its return journey after any such use;

is use in rail transport .

(5)   Use in equipment for certain purposes  

Use in equipment in or on a rail vehicle for air - conditioning, heating, lighting or for any purpose incidental to using the rail vehicle:

(a) in rail transport; or

(b) for any of the purposes mentioned in paragraphs (3)(a) to (f); or

(c) as mentioned in subsection (4);

is use in rail transport .

(6)    
To avoid doubt, the fact that a rail vehicle is not operating a scheduled service does not mean that the use of the rail vehicle does not constitute use in rail transport .