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 an expiry date on the operator's accreditation; and
Note
See section 59(3)(b)(iii) 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 affirms the reviewable decision, the transitioning rail transport operator's accreditation is taken, on the day the decision of the Safety Director takes effect, to be revoked by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the reviewable decision as the date of expiry of the accreditation.
(4) If under section 88 of the RS Act the Safety Director varies or sets aside the reviewable decision and imposes a date of expiry on the operator's accreditation different from that imposed under the reviewable decision (the new decision ), the transitioning rail transport operator's accreditation is taken, on the day the new decision takes effect, to be revoked by the Regulator under section 73(2)(b) of the Law with effect from the date specified in the new decision as the date of expiry of the accreditation.
(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.