Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 106

106 Immediate suspension of accreditation

(1) Subsection (2) applies if—

(a) immediately before the commencement, an accreditation was suspended under the repealed Act, section 111(2); and

(b) the suspension was for a period that would have ended at a particular time on or after the commencement.

(2) The suspension is taken to be a suspension of the accreditation by the Regulator under the national law, section 74(1) for the same period.

(3) Subsection (4) applies if, immediately before the commencement—

(a) the chief executive had given a person a notice under the repealed Act, section 111(5) stating that the chief executive was considering making a decision under section 111 (4) (b) of that Act to extend the period of a suspension of the person’s accreditation for the reasons stated in the notice; but

(b) the chief executive had not made a decision under section 111 (4) of that Act in relation to the suspension.

(4) The notice is taken to be a notice given by the Regulator to the person under the national law, section 74(4) stating that the Regulator is considering making a decision under section 74(2)(b) of that law to extend the period of the suspension for the same reasons.

(5) Subsection (6) applies if, immediately before the commencement—

(a) a person had made written representations under the repealed Act, section 111(5)(a)(ii) showing cause why the chief executive should not make a decision under section 111 (4) (b) of that Act extending the period of a suspension of the person’s accreditation; and

(b) the person had not withdrawn the representations; and

(c) the chief executive had not made a decision under section 111 (4) (b) of that Act in relation to the suspension.

(6) The representations are taken to be written representations made by the person to the Regulator under the national law, section 74(4)(a)(ii).

(7) A notice given by the chief executive under the repealed Act, section 111(6) notifying a person of the chief executive’s decision under section 111 (4) (b) of that Act to extend a suspension of the person’s accreditation is taken to be a notice given by the Regulator to the person under the national law, section 74(5).