Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 58

Power of immediate suspension

58. Power of immediate suspension



(1) The Safety Director may, subject to and in accordance with the regulations
(if any), immediately suspend an accreditation if the Safety Director
considers it necessary to do so-

   (a)  in the interests of public safety; or

   (b)  to protect the safety of rail safety workers.

(2) The Safety Director may immediately suspend an accreditation under this
section without holding an inquiry under section 59.

(3) A suspension under this section may be for a specified period or until a
specified event or until a further determination is made by the Safety
Director.

(4) An accredited rail operator whose accreditation has been suspended under
this section may, by notice served on the Safety Director, require the Safety
Director to hold an inquiry under section 59.

(5) The Safety Director must commence an inquiry under section 59 within 7
days after the service on him or her of a notice under subsection (4).

(6) If an inquiry is held under section 59, a suspension under this section,
if then still in effect, ceases to have effect on the completion of that
inquiry.

(7) Nothing in this section limits any power of the Safety Director under
section 59.