134Review of decision to take disciplinary action—imposition of expiry date on accreditation

134 Review of decision to take disciplinary action—imposition of expiry date 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 59 of the RS Act (the reviewable decision) to impose an expiry date on the operator's accreditation; and

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

(3) If under section 88 of the RS Act the Safety affirms the reviewable decision, the transitioning rail transport operator's accreditation is taken, on the day the decision of the Safety Director takes effect, to be revoked by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the reviewable decision as the date of expiry of the accreditation.

(4) If under section 88 of the RS Act the Safety Director varies or sets aside the reviewable decision and imposes a date of expiry on the operator's accreditation different from that imposed under the reviewable decision (the new decision), the transitioning rail transport operator's accreditation is taken, on the day the new decision takes effect, to be revoked by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the new decision as the date of expiry of the accreditation.

(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.