RAIL SAFETY NATIONAL LAW (NSW) - SECT 74 Immediate suspension of accreditation

RAIL SAFETY NATIONAL LAW (NSW) - SECT 74

74 Immediate suspension of accreditation

(1) If the Regulator considers that there is, or would be, an immediate and serious risk to safety unless an accreditation is suspended immediately, the Regulator may, without complying with section 73(3) or (4), by written notice given to the accredited person, immediately suspend the accreditation of the person--

(a) wholly or in part, or in respect of particular railway operations specified in the notice; and

(b) for a specified period, not exceeding 6 weeks.

(2) The Regulator may, by written notice 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 subsection (1) but not so that the suspension continues for more than 6 weeks after the date of the notice under that subsection.

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

(4) Before making a decision under subsection (2)(b) to extend a period of suspension, the Regulator--

(a) must notify the person in writing--

(i) that the Regulator is considering extending the period of suspension for the reasons specified in the notice; and

(ii) that the person may, within 7 days or such longer period as is specified in the notification, make written representations to the Regulator showing cause why the suspension should not be extended; and

(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.

(5) If the Regulator extends the suspension of the person, the Regulator must notify the person in writing that the suspension is being extended and include in the notice the reasons for the extension and information about the right of review under Part 7.