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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 87

Reviewable decisions

    (1)     The following table sets out—

        (a)     decisions made under this Act that are reviewable in accordance with this Part ( reviewable decisions ); and

        (b)     who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision).

    (2)     To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.

Note

Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.
S. 87(2) Table amended by Nos 47/2006 s. 44, 19/2010 s. 42, substituted by No. 23/2013 s. 90.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

1

Division 2 of Part 5 (refusal to accredit)

    A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out.

2

Section 42(2) (issue of written notice)

    A rolling stock operator or rail infrastructure manager to whom a written notice has been issued.

3

Section 42(4) (direction)

    A person given a direction under section 42.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

4

Section 43 (direction to co‑ordinate accreditation applications)

    A person given a direction under section 43.

5

Section 44 (failure to accredit within the period of time specified in the section or the extended period)

    A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out.

6

Section 46 (decision to impose conditions or restrictions of accreditation)

    An accredited rail transport operator whose interests are affected by the decision.

7

Section 46B (decision to grant a fee exemption to a tourist and heritage railway operator)

    A tourist and heritage railway operator whose interests are affected by the decision.

8

Section 53 (refusal to grant variation of condition or restriction of accreditation)

    A rail transport operator whose interests are affected by the decision.

9

Section 53 (refusal to agree to revocation of condition or restriction of accreditation)

    A rail transport operator whose interests are affected by the decision.

10

Section 54 (refusal to grant variation of accreditation)

    A rail transport operator whose interests are affected by the decision.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

11

Section 55 (variation of condition or restriction of accreditation)

    A rail transport operator whose interests are affected by the decision.

12

Section 55 (revocation of condition or restriction of accreditation)

    A rail transport operator whose interests are affected by the decision.

13

Section 55 (imposition of new condition or restriction of accreditation)

    A rail transport operator whose interests are affected by the decision.

14

Section 56 (refusal to consent to surrender of accreditation)

    A rail transport operator whose interests are affected by the decision.

15

Section 58 (immediate suspension of accreditation)

    A rail transport operator whose interests are affected by the decision.

16

Section 59(3) (decision as to any one or more of the things listed in section 59(3)—for example, suspend or immediately cancel an accreditation or disqualify a person from holding an accreditation)

(1)     A rail transport operator whose interests are affected by the decision.

(2)     A person who was previously a rail transport operator whose interests are affected by the decision.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

17

Section 61D (refusal to grant exemption, decision to grant exemption subject to conditions or restrictions, or decision to extend relevant period of an application for exemption)

    A rail transport operator who carries out railway operations whose interests are affected by the decision.

18

Section 61F (refusal to grant variation of conditions or restrictions on an exemption)

    A rail transport operator whose interests are affected by the decision.

19

Section 61I (decision to vary conditions or restrictions on an exemption)

    A rail transport operator whose interests are affected by the decision.

20

Section 61J (decision to revoke or suspend an exemption)

    A rail transport operator whose interests are affected by the decision.

21

Section 62A(3) (Safety Director not acting in accordance with guidelines)

    A rail transport operator who has applied for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

22

Section 69F (decision to grant registration subject to conditions, refusal to grant registration, decision to extend relevant period of an application for registration)

    A rail transport operator whose interests are affected by the decision.

23

Section 69H (refusal to grant variation of registration, decision to grant variation subject to conditions or restrictions, or decision to extend relevant period of an application for variation of registration)

    A rail transport operator whose interests are affected by the decision.

24

Section 69J (refusal to grant variation of condition of or restriction on registration)

    A rail transport operator whose interests are affected by the decision.

25

Section 69K (variation or revocation of condition of or restriction on registration)

    A rail transport operator whose interests are affected by the decision.

26

Section 69L (decision to revoke or suspend registration)

    A rail transport operator whose interests are affected by the decision.



Item

Provision under which reviewable decision is made


Eligible person in relation to reviewable decision

27

Section 69M (decision to extend suspension of registration)

    A rail transport operator whose interests are affected by the decision.



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