National Transport Commission (Model Legislation - Rail Safety Bill) Regulations 2006
117Reviewable decisions
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117 Reviewable decisions
(1) The following table sets out— (a) decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and (b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision). (2) To avoid doubt, sections 4, 5 and 50 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act [local variations].
Note: Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person’s interests are affected by a decision. Section 50 of that Act provides that a proceeding for review of a decision does not affect the operation of the decision unless the Tribunal makes an order under that section staying its operation.
| Item | Provision under which reviewable decision is made | Eligible person in relation to reviewable decision |
|---|---|---|
| 1 | Section 36(3) (Rail Safety Regulator not acting in accordance with guidelines) | A rail transport operator who has applied for accreditation. |
| 2 | Section 37(1) (refusal to accredit or imposing conditions or restrictions on accreditation) | A rail transport operator whose application for accreditation is refused or is subject to conditions or restrictions. |
| 3 | Section 37 (extending the period for determining an application) | A rail transport operator who has applied for accreditation. |
| 4 | Section 44 (revocation or suspension of accreditation) | A rail transport operator whose accreditation is revoked or suspended. |
| 5 | Section 45(1) (immediate suspension) | A rail transport operator whose accreditation is suspended. |
| 6 | Section 45 (extension of immediate suspension) | A rail transport operator whose accreditation is suspended. |
| 7 | Section 49(1) (refusal to grant variation of accreditation or imposing a condition or restriction) | A rail transport operator whose application for variation of accreditation is refused. |
| 8 | Section 49(2) (grant of variation of accreditation subject to conditions or restrictions) |