189Pending applications for internal review

189 Pending applications for internal review

(a) an application has been made under section 88 of the Local Operations Act before the commencement day in relation to a decision specified in the Table (a review application); and

(b) the review as provided under section 88 of the Local Operations Act has not been completed before the commencement day.

Table

| Item | Decision | | 1 | Decision that refuses an application for accreditation under Division 2 of Part 5 of the Local Operations Act | | 2 | Decision under section 43 of the Local Operations Act that directs a person to co‑ordinate their application for accreditation under Division 2 of Part 5 of that Act | | 3 | Decision under section 46 of the Local Operations Act that imposes a condition on, or restricts the scope of, a transitioning rail transport operator's accreditation under Division 2 of Part 5 of that Act | | 4 | Decision under section 53 of the Local Operations Act that refuses to grant a variation of a condition or restriction of a transitioning rail transport operator's Local Operations Act accreditation | | 5 | Decision under section 53 of the Local Operations Act that refuses to agree to a revocation of a condition or restriction of a transitioning rail transport operator's Local Operations Act accreditation | | 6 | Decision under section 54 of the Local Operations Act that refuses to vary a transitioning rail transport operator's accreditation | | 7 | Decision under section 55 of the Local Operations Act that varies or revokes a condition of or restriction on a transitioning rail transport operator's Local Operations Act accreditation | | 8 | Decision under section 55 of the Local Operations Act that imposes a condition of or restriction on a transitioning rail transport operator's Local Operations Act accreditation | | 9 | Decision under section 56 of the Local Operations Act that refuses consent to the surrender of a transitioning rail transport operator's Local Operations Act accreditation | | 10 | Decision under section 58 of the Local Operations Act that immediately suspends a transitioning rail transport operator's Local Operations Act accreditation |

(2) On the commencement day the review application is taken to be an application under section 216 of the Law in a form approved by the Regulator under that section and the Regulator must determine the application on and after that day in accordance with the Law.

(3) For the purposes of subsection (2)—

(a) anything done by the Safety Director under the Local Operations Act in respect of the review application before the commencement day is taken on that day to have been done by the Regulator under the Law; and