208Pending applications for internal review

208 Pending applications for internal review

(a) an application has been made under section 100 of the T(SSCE) Act before the commencement day in relation to a decision specified in the Table (a review application); and

Table

| Item | Decision | | 1 | Decision under section 33 of the T(SSCE) Act in relation to a thing seized under section 8 of that Act at T(SSCE) Act railway premises or on rolling stock | | 2 | Decision under section 33 of the T(SSCE) Act in relation to a thing seized under a search warrant issued under section 18 of that Act in relation to an offence against a rail safety law | | 3 | Decision under section 50 of the T(SSCE) Act to serve a rail T(SSCE) Act improvement notice | | 4 | Decision under section 59 of the T(SSCE) Act to extend the compliance period for a rail T(SSCE) Act improvement notice | | 5 | Decision under section 60 of the T(SSCE) Act to serve a rail T(SSCE) Act prohibition notice | | 6 | Decision under section 71 of the T(SSCE) Act to serve a rail T(SSCE) Act non‑disturbance notice | | 7 | Decision under section 90 of the T(SSCE) Act directing the taking of specified action following a safety report (as defined by section 90(5) of that Act) | | 8 | Decision under section 91(2) of the T(SSCE) Act directing work be stopped, altered or not commenced | | 9 | Decision under section 91(3) of the T(SSCE) Act directing railway operations be stopped, altered or not commenced |

(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

(b) the commencement day is taken to be the day on which the review application was made.

S. 209 inserted by No. 41/2019 s. 19.