127Review of decision to impose condition or restriction on accreditation

127 Review of decision to impose condition or restriction on accreditation

(a) an application is made under section 88 of the RS Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 46 of the RS Act to impose a condition on or restrict the scope of the operator's accreditation (the reviewable decision); and

(2) On and after the commencement day, the review must be completed in accordance with the RS Act and section 118 does not apply to the application while the review under section 88 of the RS Act is on foot.

(3) If under section 88 of the RS Act the Safety Director affirms the reviewable decision, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person holding an accreditation under the Law that is subject to the conditions and restrictions the Safety Director affirmed in his or her decision.

(4) If under section 88 of the RS Act the Safety Director varies the reviewable decision and varies the conditions or restrictions of accreditation being imposed by the reviewable decision, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person holding an accreditation under the Law that is subject to the conditions and restrictions as varied by the Safety Director in his or her decision.

(5) If under section 88 of the RS Act the Safety Director sets aside the reviewable decision and substitutes a new decision which imposes different conditions or restrictions of accreditation, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person holding an accreditation under the Law that is subject to the conditions and restrictions imposed by the Safety Director under his or her decision.