149Prohibition notices

149 Prohibition notices

(1) A TCM Act prohibition notice served on a specified person before the commencement day that has not been cancelled under section 228ZZM of the TCM Act before the commencement day is taken, on that day, to be a prohibition notice issued under section 179 of the Law to that person.

(2) Subsection (1) does not apply to a TCM Act prohibition notice to which section 154 applies.

(3) In this section—

specified person means—

(a) a person who has or appears to have control over an activity occurring at RS Act railway premises that involves or will involve an immediate risk to the safety of persons;

(b) a person who has or appears to have control over an activity which may occur at RS Act railway premises that, if it occurs, will involve an immediate risk to the safety of persons;

(c) a person who has or appears to have control over an activity at, on, or in the immediate vicinity of, rail infrastructure or rolling stock of a transitioning rail transport operator that, if it occurs, will involve an immediate risk to the safety of members of the public or the railway operations of the operator.