Rail Safety National Law (Queensland)
sec.72Regulator may make changes to conditions or restrictions
Start here
Get a plain-English read of sec.72
Turn the raw legal text into a practical explanation grounded in Rail Safety National Law (Queensland).
sec.72 Regulator may make changes to conditions or restrictions
The Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator to which the accreditation of an accredited person is subject or impose a new condition or restriction. Before taking action under this section, the Regulator must— give the accredited person written notice of the action that the Regulator proposes to take; and allow the accredited person to make written representations about the intended action within 28 days (or any other period that the Regulator and the accredited person agree on); and consider any representations made under paragraph (b) and not withdrawn; and if the intended action is likely to result in significant costs or expenses to the accredited person or any other person— conduct or cause to be conducted a cost‐benefit analysis of the effect of the intended action; and consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the intended action. Subsection (2) (d) does not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the accredited person or any other person, the Regulator must, as soon as practicable after taking the action— conduct or cause to be conducted a cost‐benefit analysis of the effect of the action; and consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. The Regulator must, by written notice given to the accredited person, provide— details of any action taken under this section; and a statement of reasons for any action taken under this section, including (if applicable) the results of any cost‐benefit analysis carried out; and information about the right of review under Part 7 . s 72 amd 2015 No. 5 (SA) s 7 (sec.72-ssec.1) The Regulator may, subject to this section, at any time, vary or cancel a condition or restriction imposed by the Regulator to which the accreditation of an accredited person is subject or impose a new condition or restriction. (sec.72-ssec.2) Before taking action under this section, the Regulator must— give the accredited person written notice of the action that the Regulator proposes to take; and allow the accredited person to make written representations about the intended action within 28 days (or any other period that the Regulator and the accredited person agree on); and consider any representations made under paragraph (b) and not withdrawn; and if the intended action is likely to result in significant costs or expenses to the accredited person or any other person— conduct or cause to be conducted a cost‐benefit analysis of the effect of the intended action; and consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the intended action. (sec.72-ssec.3) Subsection (2) (d) does not apply if the Regulator considers it necessary to take immediate action in the interests of safety but, if the action is likely to result in significant costs or expenses to the accredited person or any other person, the Regulator must, as soon as practicable after taking the action— conduct or cause to be conducted a cost‐benefit analysis of the effect of the action; and consult with the Premier or Chief Minister, the Treasurer, and any other Minister, of a participating jurisdiction whose area of responsibility is likely to be affected by the action. (sec.72-ssec.4) The Regulator must, by written notice given to the accredited person, provide— details of any action taken under this section; and a statement of reasons for any action taken under this section, including (if applicable) the results of any cost‐benefit analysis carried out; and information about the right of review under Part 7 . s 72 amd 2015 No. 5 (SA) s 7