133Review of decision to take disciplinary action—imposition of new condition or restriction

133 Review of decision to take disciplinary action—imposition of new condition or restriction

(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 59 of the RS Act (the reviewable decision) to impose a condition or restriction on the operator's accreditation; and

See section 59(3)(b)(ii) of the Rail Safety Act 2006.

(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 subject to—

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

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

(a) the condition or restriction imposed under the new 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, 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 subject to the conditions and restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision.