RAIL SAFETY NATIONAL LAW (NSW) - SECT 72
Regulator may make changes to conditions or restrictions
RAIL SAFETY NATIONAL LAW (NSW) - SECT 72
Regulator may make changes to conditions or restrictions
72 Regulator may make changes to conditions or restrictions
(1) The Regulator may, subject to this section, at any time, vary or cancel a
condition or restriction imposed by the Regulator to which the accreditation
of an accredited person is subject or impose a new condition or restriction.
(2) Before taking action under this section, the Regulator must--
(a) give the
accredited person written notice of the action that the Regulator proposes to
take; and
(b) allow the accredited person to make written representations
about the intended action within 28 days (or any other period that the
Regulator and the accredited person agree on); and
(c) consider any
representations made under paragraph (b) and not withdrawn; and
(d) if the
intended action is likely to result in significant costs or expenses to the
accredited person or any other person--
(i) conduct or cause to be conducted a
cost-benefit analysis of the effect of the intended action; and
(ii) consult
with the Premier or Chief Minister, the Treasurer, and any other Minister, of
a participating jurisdiction whose area of responsibility is likely to be
affected by the intended action.
(3) Subsection (2)(d) does not apply if the
Regulator considers it necessary to take immediate action in the interests of
safety but, if the action is likely to result in significant costs or expenses
to the accredited person or any other person, the Regulator must, as soon as
practicable after taking the action--
(a) conduct or cause to be conducted a
cost-benefit analysis of the effect of the action; and
(b) consult with the
Premier or Chief Minister, the Treasurer, and any other Minister, of a
participating jurisdiction whose area of responsibility is likely to be
affected by the action.
(4) The Regulator must, by written notice given to
the accredited person, provide--
(a) details of any action taken under this
section; and
(b) a statement of reasons for any action taken under this
section, including (if applicable) the results of any cost-benefit analysis
carried out; and
(c) information about the right of review under Part 7.
