130Review of decision to vary, revoke, or impose a new, condition or restriction on accreditation

130 Review of decision to vary, revoke, or impose a new, 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 55 of the RS Act (the reviewable decision) to—

(i) vary or revoke a condition or restriction on the operator's accreditation; or

(ii) impose a condition or restriction on 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—

(a) if the reviewable decision varies a condition or restriction on the operator's accreditation, subject to—

(i) the varied condition or restriction which was the subject of the application for review; and

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

(b) if the reviewable decision revokes a condition or restriction on the operator's accreditation, subject to the conditions or restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision (except the condition or restriction which was the subject of the application for review);

(c) if the reviewable decision imposes a condition or restriction on the operator's accreditation, subject to—

(i) the new condition or restriction which was the subject of the application for review; and

(ii) all the other conditions or 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 the reviewable decision or sets aside the reviewable decision and substitutes a new decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law—

(a) if the new decision varies the condition or restriction the subject of the application for review condition, subject to—

(i) the varied condition or restriction; and

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

(b) if the new decision imposes a condition or restriction on the operator's accreditation different from that imposed under the reviewable decision, subject to—