Victorian Numbered Acts

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RAIL SAFETY NATIONAL LAW APPLICATION ACT 2013 (NO. 22 OF 2013) - SECT 131

Review of decision to consent to surrender of accreditation

    (1)     This section applies if—

        (a)     an application is made under section 88 of the RS Act by a transitioning rail transport operator before the commencement day in relation to a decision under section 56 of the RS Act (the reviewable decision ) to refuse to consent to the surrender of the operator's accreditation; and

        (b)     the review as provided under section 88 of the RS Act has not been completed before the commencement day.

    (2)     On and after the commencement day, the review must be completed in accordance with the RS Act.

    (3)     If under section 88 of the RS Act the Safety Director affirms the reviewable decision, the transitioning rail transport operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person holding an accreditation under the Law subject to the conditions and restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision.

    (4)     If under section 88 of the RS Act the Safety Director sets aside the reviewable decision and agrees to the surrender of the transitioning rail transport operator's accreditation, the operator is taken, on the day the decision of the Safety Director takes effect, to be an accredited person holding an accreditation under the Law—

        (a)     subject to the conditions and restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision; and

        (b)     until such time as the accreditation is surrendered in accordance with that Law.



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