Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 107

107 Variation of conditions on Regulator’s initiative

(1) Subsection (2) applies if, immediately before the commencement—

(a) the chief executive had given an accredited person a notice under the repealed Act, section 112 (2) (a) stating that the chief executive was proposing to take action under section 112 (1) of that Act of the type stated in the notice in relation to the person’s accreditation; but

(b) the chief executive had not made a decision about acting under section 112 (1) of that Act in relation to the accreditation.

(2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 72 (2) stating that the Regulator is proposing to take action under section 72 (1) of that law of the same type in relation to the accreditation.

(3) Subsection (4) applies if, immediately before the commencement—

(a) the chief executive and an accredited person had agreed under the repealed Act, section 112 (2) (b) the period within which the person was allowed to make written representations about proposed action; and

(b) the period agreed had not expired.

(4) The Regulator and the accredited person are taken to have agreed under the national law, section 72 (2) (b) the same period.

(5) Subsection (6) applies if, immediately before the commencement—

(a) a person made written representations under the repealed Act, section 112 (2) (b) showing cause why the chief executive should not take proposed action under section 112 (1) of that Act in relation to the person’s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(b) the person had not withdrawn the representations; and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 about acting under section 112 (1) of that Act in relation to the accreditation.

(6) The representations are taken to be written representations made by the person to the Regulator under the national law, section 72 (2) (b) .

(7) A notice given by the chief executive under the repealed Act, section 112 (4) notifying a person of the chief executive’s decision to act under section 112 (1) of that Act in relation to the person’s accreditation is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 72 (4) .