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Rail Safety National Law (Queensland) Act 2017
sec.105Procedure for suspending or revoking accreditation
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### sec.105 Procedure for suspending or revoking accreditation
Subsection (2) applies if, immediately before the commencement—
the chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but
the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.
The notice is taken to be a notice given by the Regulator to the person under the national law, section 73(3) stating that the Regulator is considering making a decision under section 73(2) of that law of the same kind and for the same reasons in relation to the accreditation.
Subsection (4) applies if, immediately before the commencement—
a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and
the person had not withdrawn the representations; and
the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.
The representations are taken to be written representations made by the person to the Regulator under the national law, section 73(3)(a)(ii).
A notice given by the chief executive under the repealed Act, section 110 notifying a person of the chief executive’s decision under section 109(2) or (3) in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 73(4).
(sec.105-ssec.1) Subsection (2) applies if, immediately before the commencement— the chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.
(sec.105-ssec.2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 73(3) stating that the Regulator is considering making a decision under section 73(2) of that law of the same kind and for the same reasons in relation to the accreditation.
(sec.105-ssec.3) Subsection (4) applies if, immediately before the commencement— a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and the person had not withdrawn the representations; and the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.
(sec.105-ssec.4) The representations are taken to be written representations made by the person to the Regulator under the national law, section 73(3)(a)(ii).
(sec.105-ssec.5) A notice given by the chief executive under the repealed Act, section 110 notifying a person of the chief executive’s decision under section 109(2) or (3) in relation to the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 73(4).
- (a) the chief executive had given a person a notice under the repealed Act, section 110(1) stating that the chief executive was considering making a decision under section 109 of that Act of the type, and for the reasons, stated in the notice in relation to the person’s accreditation; but
- (b) the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.
- (a) a person had made written representations under the repealed Act, section 110(1)(a)(ii) showing cause why the chief executive should not make a decision under section 109 (2) or (3) of that Act in relation to the person’s accreditation; and
- (b) the person had not withdrawn the representations; and
- (c) the chief executive had not made a decision under section 109 of that Act in relation to the accreditation.