Contents (2008 - 97)
Rail Safety Act 2008 No 97
Division 3 General provisions relating to notices
122 Review of notices by ITSRR
(1) A person who is given a notice under this Part may apply in writing to the ITSRR for a review of the notice.(2) The application for review must be made within 28 days after the notice is given or, if the regulations prescribe a different period, within the period so prescribed.(3) An application for review may be made only once in respect of any particular notice.(4) The ITSRR is to review a notice that is the subject of a duly made application for review within 28 days after the application is made.(5) The notice is stayed (unless it is a prohibition notice) from when the application for review is received by the ITSRR until the ITSRR gives notice to the applicant of the result of the review.(6) The ITSRR may, as a result of the review, confirm the notice, vary it or revoke it. The confirmation, variation or revocation has effect when notice of the result of the review is given to the applicant.(7) Regulations may be made with respect to reviews under this section.
123 Appeal to Industrial Magistrate following review
(1) An applicant who is not satisfied with the result of a review by the ITSRR of a notice under this Part may appeal against the notice to the Local Court constituted by an Industrial Magistrate.(2) An appeal to the Local Court under this section does not operate to stay the notice the subject of the appeal except as otherwise ordered by the Court.(3) The Local Court may, on the appeal, confirm the notice, vary it or revoke it.(4) Regulations may be made with respect to appeals under this section, including the time and manner in which such an appeal is to be made.
124 Application to Industrial Magistrate for stay of prohibition notice
(1) If a person duly applies under this Part for review of a prohibition notice, the person may apply to the Local Court constituted by an Industrial Magistrate for a stay of the notice.(2) A stay may be granted for such period as the Local Court considers appropriate, but not so as to extend past the time when notice of the result of the review is given to the applicant by the ITSRR.(3) A stay may be granted on such conditions as the Local Court considers appropriate and may be revoked or amended by the Local Court.
125 Revocation or withdrawal of notice does not prevent issue of another notice
The revocation or withdrawal of a notice under this Part does not prevent the issue of any other notice.