RAIL SAFETY NATIONAL LAW (NSW) - SECT 93
Immediate suspension of registration
RAIL SAFETY NATIONAL LAW (NSW) - SECT 93
Immediate suspension of registration
93 Immediate suspension of registration
(1) If the Regulator considers that there is, or would be, an immediate and
serious risk to safety unless a registration is suspended immediately, the
Regulator may, without complying with section 92(3) or (4), by written notice
given to the registered person, immediately suspend the registration of the
person for a specified period, not exceeding 6 weeks.
(2) The Regulator may,
by written notice given to a person whose registration is suspended--
(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 registration 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 notification; 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paragraph (a)(ii) and not withdrawn.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.
