RAIL SAFETY NATIONAL LAW (NSW) - SECT 73 Cancellation or suspension of accreditation

RAIL SAFETY NATIONAL LAW (NSW) - SECT 73

73 Cancellation or suspension of accreditation

(1) This section applies in respect of an accredited person if--

(a) the Regulator considers that the accredited person--

(i) is no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 65 or to satisfy the conditions, or to comply with the restrictions, of the accreditation; or

(ii) is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the accreditation relates and has not done so for at least the preceding 12 months; or

(b) the accredited person contravenes this Law.

(2) The Regulator may--

(a) suspend the accreditation, or part of the accreditation, of the accredited person for a period determined by the Regulator; or

(b) cancel the accreditation of the accredited person, wholly or in part, or in respect of particular railway operations specified in the notice, with immediate effect or with effect from a specified future date; or

(c) impose conditions or restrictions on the accreditation; or

(d) vary conditions or restrictions to which the accreditation is subject,

and, if the Regulator cancels the accreditation, the Regulator may declare that the accredited person is disqualified from applying for accreditation, or for accreditation in respect of specified railway operations, during a specified period.

(3) Before making a decision under subsection (2), the Regulator--

(a) must notify the person in writing--

(i) that the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

(ii) that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and

(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.

(4) If the Regulator suspends or cancels the accreditation of the accredited person, wholly or in part, or in respect of specified railway operations, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7.

(5) The Regulator may withdraw a suspension of the accreditation of a person by written notice given to the person.