Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 69M

Immediate suspension of registration

    (1)     If the Safety Director considers that there is, or would be, an immediate and serious risk to safety unless a registration is suspended immediately, the Safety Director may, without complying with section 69L(3) or (4), by written notice given to the registered person, immediately suspend the registration of the person for a specified period, not exceeding 6 weeks.

    (2)     The Safety Director may, by written notice given to a person whose registration is suspended—

        (a)     reduce the period of suspension specified in a notice under subsection (1); or

        (b)     extend the period of suspension specified in a notice under subsection (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that subsection.

    (3)     The Safety Director may withdraw a suspension of the registration of a person by written notice given to the person.

    (4)     Before making a decision under subsection (2)(b) to extend a period of suspension, the Safety Director

        (a)     must notify the person in writing—

              (i)     that the Safety Director is considering extending the period of suspension for the reasons specified in the notification; and

              (ii)     that the person may, within 7 days or such longer period as is specified in the notification, make written representations to the Safety Director showing cause why the suspension should not be extended; and

        (b)     must consider any representations made under paragraph (a)(ii) and not withdrawn.

    (5)     If the Safety Director extends the suspension of the person, the Safety Director must notify the person in writing that the suspension is being extended and include in the notice the reasons for the extension and information about the right of review under Part 7.

S. 69N inserted by No. 23/2013 s. 88.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback