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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 September 2017 at 03:31)
Part 3 Division 4
Division 4 Surrender, revocation and variation of accreditation
52   Surrender of accreditation
An accredited person may, in accordance with the regulations, surrender the person’s accreditation.
53   Suspension or revocation of accreditation
(1)  The ITSRR may take action under this section in respect of an accredited person if:
(a)  the ITSRR considers that the person is no longer able to demonstrate to the satisfaction of the ITSRR the matters referred to in section 39 or to comply with the conditions or restrictions of accreditation, or
(b)  the ITSRR considers that the person is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the person’s accreditation relates and has not done so for the preceding 12 months, or
(c)  the accredited person contravenes this Act or the regulations.
(2)  The ITSRR may take any of the following actions:
(a)  suspend the accreditation (wholly or in part) for a period determined by the ITSRR,
(b)  revoke the accreditation (wholly or in part) with immediate effect or with effect from a specified date,
(c)  impose conditions or restrictions on the accreditation,
(d)  vary the conditions or restrictions of the accreditation,
(e)  if the accreditation is revoked, declare that the person is disqualified from applying for accreditation, or for accreditation in relation to specified railway operations, during a specified period.
(3)  Before making a decision to take action under subsection (2), the ITSRR must notify the accredited person in writing that:
(a)  the ITSRR is considering making a decision of the kind specified in the notice, for the reasons specified in the notice, and
(b)  the person may, within 28 days or any longer period that is specified in the notice, make written representations to the ITSRR showing cause why the decision should not be made.
(4)  The ITSRR must, before taking action under subsection (2), consider any written representations made within the period specified in the notice and not withdrawn.
(5)  The ITSRR must include in any notice of suspension or revocation of the accreditation of an accredited person the reasons for the suspension or revocation and information about the right of review under section 157.
(6)  If the ITSRR suspends or revokes the accreditation of a person who is accredited in another jurisdiction, the ITSRR must give notice of the suspension or revocation to the relevant corresponding Rail Safety Regulator.
(7)  The ITSRR may withdraw suspension of the accreditation of a person by written notice given to the person.
54   Immediate suspension of accreditation
(1)  If the ITSRR considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the ITSRR may, by written notice given to an accredited person, immediately suspend the accreditation of the person:
(a)  wholly or in part, and
(b)  for a specified period, not exceeding 6 weeks.
(2)  The ITSRR may, by notice in writing given to a person whose accreditation is suspended wholly or in part or in respect of particular railway operations:
(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 this section but not so that the suspension continues for more than 6 weeks after the date of the notice under subsection (1).
(3)  The ITSRR may withdraw a suspension of the accreditation of a person by written notice given to the person.
(4)  Before making a decision to extend a period of suspension, the ITSRR must notify the person in writing that:
(a)  the ITSRR is considering extending the period of suspension for the reasons specified in the notification, and
(b)  the person may, within 7 days or any longer period that is specified in the notice, make written representations to the ITSRR showing cause why the decision should not be made.
(5)  The ITSRR must, before taking action under subsection (2), consider any written representations made within the period specified in the notice and not withdrawn.
(6)  The ITSRR must include in the notice extending the suspension the reasons for the extension and information about the right of review under section 157.
(7)  Section 53 does not apply to the taking of action under this section.
55   Application for variation of accreditation
(1)  An accredited person may apply to the ITSRR for a variation of the person’s accreditation.
(2)  An application for variation must be made in the approved manner and approved form and:
(a)  must specify the details of the variation being sought, and
(b)  must contain the information prescribed by the regulations, and
(c)  must be accompanied by the prescribed application fee (if any).
(3)  The ITSRR may require an accredited person who has applied for a variation:
(a)  to supply further information requested by the ITSRR, and
(b)  to verify by statutory declaration any information supplied to the ITSRR.
(4)  Sections 39 and 40 apply to an application for variation of an accreditation as if a reference in those sections to accreditation were a reference to variation of accreditation.
56   Determination of application for variation of accreditation
(1)  The ITSRR must, within the relevant period after an application for variation of an accreditation is made:
(a)  if the ITSRR is satisfied as to the matters referred to in sections 39 and 40, so far as they are applicable to the proposed variation, vary the accreditation, with or without any conditions or restrictions, or
(b)  if the ITSRR is not so satisfied, refuse the application.
(2)  A notice varying an accreditation must be in writing in the approved form and must specify:
(a)  the prescribed details of the applicant, and
(b)  the variation to the accreditation so far as it applies to the scope and nature of the railway operations, and
(c)  any conditions and restrictions imposed by the ITSRR on the accreditation as varied, and
(d)  any other information prescribed by the regulations.
(3)  A notice refusing an application, or imposing a condition or restriction, must include:
(a)  the reasons for the decision to refuse to grant the application for variation or imposing the condition or restriction, and
(b)  information about the right of review under section 157.
(4)  A notice under subsection (5) extending a period, must include information about the right of review under section 157.
(5)  In this section, relevant period, in relation to an application, means:
(a)  6 months after the application was received by the ITSRR, or
(b)  if the ITSRR requested further information, 6 months, or such other period, as is agreed between the ITSRR and the applicant, after the ITSRR receives the last information so requested, or
(c)  if the ITSRR, by notice in writing given to the applicant before the expiry of the relevant 6 months, specifies another period, that period,
whichever is the longer.
57   Variation of conditions and restrictions
(1)  An accredited person may apply to the ITSRR for a variation of any condition or restriction to which the accreditation is subject and that was imposed by the ITSRR.
(2)  An application for variation of a condition or restriction must be made as if it were an application for variation of an accreditation and section 55 applies accordingly.
(3)  The ITSRR must consider the application and may, if satisfied as to the matters referred to in sections 39 and 40 so far as they are applicable to the proposed variation, by notice given to the accredited person and in accordance with the provisions of this Part applicable to a grant of accreditation, grant or refuse to grant the variation.
(4)  A notice under subsection (3) refusing to grant a variation of a condition or restriction must include the reasons for the decision to refuse to grant the variation and information about the right of review under section 157.
58   ITSRR may make changes to conditions or restrictions
(1)  The ITSRR may, at any time and at the discretion of the ITSRR, vary or revoke a condition or restriction imposed by the ITSRR to which the accreditation of an accredited person is subject or impose a new condition or restriction.
(2)  Before making a decision to take action under this section, the ITSRR must:
(a)  notify the person in writing that the ITSRR proposes to take the action specified in the notice, and
(b)  notify the person in writing that the person may, within 14 days (or any other period that the ITSRR and the person agree on), make written representations to the ITSRR about the intended action, and
(c)  consider any representations made under paragraph (b) and not withdrawn.
(3)  The ITSRR is not required to give notice under subsection (2) if the ITSRR considers it necessary to take immediate action in the interests of safety.
(4)  The ITSRR must:
(a)  give notice in writing to an accredited person of any action taken under subsection (1), and
(b)  include in any such notice a statement of reasons for any such action and that the person has a right of review of the decision under section 157.
59   Prescribed conditions and restrictions
The accreditation of a person that is varied under this Part is subject to any conditions or restrictions prescribed by the regulations and that are applicable to the accreditation as varied.