Victorian Numbered Acts Victorian Numbered Acts(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 59 of the RS Act (the reviewable decision ) to impose a condition or restriction on the operator's accreditation; and
Note
See section 59(3)(b)(ii) of the Rail Safety Act 2006 .
(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—
(a) the new condition or restriction which was the subject of the application for review; and
(b) all the other conditions or 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 varies or sets aside the reviewable decision and imposes a
condition or restriction on the operator's accreditation different from that
imposed under the reviewable decision (the new decision ), the transitioning
rail transport operator is taken, on the day the new decision takes effect, to
be an accredited person holding an accreditation under the Law subject
to—
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(a) the condition or restriction imposed under the new decision; and
(b) all the other conditions or restrictions which applied to the operator's RS Act accreditation immediately before the reviewable decision.
(5) If under section 88 of the RS Act the Safety Director sets aside 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.