sec.122NProcedure for immediate suspension of authority

### sec.122N Procedure for immediate suspension of authority If the chief executive immediately suspends an authority, the suspension— takes effect on the day the notice is given to the crossing supervisor; and has effect until— if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L —the day the decision takes effect under section 122L (3) ; or if the decision is set aside on review or appeal—the day the decision is set aside; or otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3) . If the chief executive immediately suspends an authority, the notice under section 122M (1) must state— the reasons for the decision; and the general effect of subsection (1) (b) ; and the prescribed review information for the decision. If the immediate suspension of an authority relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive— may extend the suspension for a further period or periods until the proceeding is finally decided; but must make a decision about whether to take proposed action under section 122K as soon as practicable after the proceeding is decided. s 122N ins 2005 No. 49 s 63 amd 2009 No. 24 s 1788 (sec.122N-ssec.1) If the chief executive immediately suspends an authority, the suspension— takes effect on the day the notice is given to the crossing supervisor; and has effect until— if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L —the day the decision takes effect under section 122L (3) ; or if the decision is set aside on review or appeal—the day the decision is set aside; or otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3) . (sec.122N-ssec.2) If the chief executive immediately suspends an authority, the notice under section 122M (1) must state— the reasons for the decision; and the general effect of subsection (1) (b) ; and the prescribed review information for the decision. (sec.122N-ssec.3) If the immediate suspension of an authority relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive— may extend the suspension for a further period or periods until the proceeding is finally decided; but must make a decision about whether to take proposed action under section 122K as soon as practicable after the proceeding is decided. - (a) takes effect on the day the notice is given to the crossing supervisor; and - (b) has effect until— (i) if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L —the day the decision takes effect under section 122L (3) ; or (ii) if the decision is set aside on review or appeal—the day the decision is set aside; or (iii) otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3) . - (i) if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L —the day the decision takes effect under section 122L (3) ; or - (ii) if the decision is set aside on review or appeal—the day the decision is set aside; or - (iii) otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3) . - (i) if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L —the day the decision takes effect under section 122L (3) ; or - (ii) if the decision is set aside on review or appeal—the day the decision is set aside; or - (iii) otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3) . - (a) the reasons for the decision; and - (b) the general effect of subsection (1) (b) ; and - (c) the prescribed review information for the decision. - (a) may extend the suspension for a further period or periods until the proceeding is finally decided; but - (b) must make a decision about whether to take proposed action under section 122K as soon as practicable after the proceeding is decided.