128Review of decision to refuse to vary or revoke condition or restriction of accreditation

128 Review of decision to refuse to vary or revoke condition or restriction of 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 53 of that Act (the reviewable decision) to—

(i) refuse to grant a variation of a condition or restriction of the operator's accreditation; or

(ii) refuse to agree to a revocation of a condition or restriction of the operator's accreditation; and

(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 which applied to the operator's RS Act accreditation immediately before the reviewable decision.

(4) If under section 88 of the RS Act the Safety Director varies or sets aside the reviewable decision and grants a variation of the condition or restriction of the transitioning rail transport operator's accreditation, the 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—

(a) the condition and restriction as varied by the Safety Director in his or her decision; and

(b) all the other conditions or restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision.

(5) If under section 88 of the RS Act the Safety Director sets aside the reviewable decision and agrees to a revocation of the condition or restriction of the transitioning rail transport operator's accreditation, the 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 which applied to the operator's RS Act accreditation immediately before the reviewable decision except the condition and restriction which was the subject of the application for review.