191Internal review of decision to take disciplinary action—imposition of expiry date on accreditation

191 Internal review of decision to take disciplinary action—imposition of expiry date on accreditation

(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 (the reviewable decision) that imposes an expiry date on the operator's Local Operations Act accreditation; and

See section 59(3)(b)(iii) 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's Local Operations Act accreditation is taken, on the day the new decision takes effect, to be cancelled by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the reviewable decision as the date of expiry of the accreditation.

(4) If under section 88 of the Local Operations Act the Regulator varies or sets aside the reviewable decision and imposes a date of expiry on the operator's accreditation that differs from that imposed under the reviewable decision (the new decision), the transitioning rail transport operator's Local Operations Act accreditation is taken, on the day the new decision takes effect, to be cancelled by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the new decision as the date of expiry of the accreditation.

(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 of the Regulator takes effect, to be an accredited person holding an accreditation under the Law subject to 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.

S. 192 inserted by No. 41/2019 s. 19.