192Internal review of decision to take disciplinary action—suspension

192 Internal review of decision to take disciplinary action—suspension

(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 to suspend the operator's Local Operations Act accreditation (the reviewable decision); and

See section 59(3)(b)(iv) 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—

(a) 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; and

(b) whose accreditation has been suspended by the Regulator under section 73(2)(a) of the Law until the day on which the suspension ends.

(4) If under section 88 of the Local Operations Act the Regulator varies the reviewable decision and imposes a new period of suspension (the new decision), the transitioning rail transport operator is taken, on the day the new decision takes effect, to be an accredited person—

(a) 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; and

(b) whose accreditation has been suspended by the Regulator under section 73(2)(a) of the Law until the day on which that new period of suspension ends.

(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 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.