190Internal review of decision to take disciplinary action—imposition of new condition or restriction

190 Internal review of decision to take disciplinary action—imposition of new condition or restriction

(a) an application is made under section 88 of the Local Operations Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 59 of the Local Operations Act that imposes a condition or restriction on the operator's Local Operations Act accreditation (the reviewable decision); and

See section 59(3)(b)(ii) of the Rail Safety (Local Operations) Act 2006.

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

(2) Despite the repeal of the Local Operations Act, on and after the commencement day, the Regulator must complete the review in accordance with that Act as if—

(3) If under section 88 of the Local Operations Act the Regulator affirms the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to—

(a) a condition or restriction that is the same as the condition or restriction imposed under the reviewable decision; and

(b) conditions and restrictions that are the same as all the other conditions or restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision.

(4) If under section 88 of the Local Operations Act the Regulator varies or sets aside the reviewable decision and imposes a condition or restriction on the operator's Local Operations Act accreditation that differs from that imposed under the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to—

(a) the condition or restriction imposed under the new decision; and

(b) conditions and restrictions that are the same as all the other conditions or restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision.

(5) If under section 88 of the Local Operations Act the Regulator sets aside the reviewable decision (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person holding an accreditation under the Law subject to the conditions and restrictions that are the same as the conditions and restrictions that applied to the operator's Local Operations Act accreditation immediately before the reviewable decision.