137Review of decision to refuse to grant exemption from requirement to be accredited

137 Review of decision to refuse to grant exemption from requirement to be accredited

S. 137(1)(a) amended by No. 70/2013 s. 3(Sch. 1 item 44.4).

(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 63 of that Act (the reviewable decision) to refuse to exempt the operator from the requirement to be accredited under Part 5 of that Act; 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, not to be an accredited person under the Law.

(4) If under section 88 of the RS Act the Safety Director sets aside the reviewable decision and grants the exemption from the requirement to be accredited under Part 5 of the RS Act, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to have been granted an exemption under Division 5 of Part 3 of the Law subject to any terms, conditions or limitations specified in the decision of the Safety Director.