135Review of decision to take disciplinary action—suspension

135 Review of decision to take disciplinary action—suspension

(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 suspend the operator's accreditation; and

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

(3) If the effect of the decision of 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—

(a) 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; and

(b) whose accreditation has been suspended by the Regulator under section 73 of the Law until the day on which the suspension ends.

(4) If under section 88 of the RS Act the Safety Director sets aside the reviewable decision and imposes a new period of suspension, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person—

(a) 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; and

(b) whose accreditation has been suspended by the Regulator under section 73(2)(a) of the Law until the day on which that new period of suspension ends.

(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.