Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 73

73 Procedure for varying, suspending or revoking exemption

(1) Subsection (2) applies if, immediately before the commencement—

(a) the chief executive had given a person a notice under the repealed Act, section 50(1) stating that the chief executive was considering making a decision under section 49 of that Act of the type and for the reasons stated in the notice in relation to the person’s exemption; but

(b) the chief executive had not made a decision under section 49 of that Act in relation to the exemption.

(2) The notice is taken to be a notice given by the Regulator to the person under the national law, section 213(3) stating that the Regulator is considering making a decision under section 213(2) of that law of the same kind and for the same reasons in relation to the exemption.

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

(a) a person had made written representations under the repealed Act, section 50(1)(a)(ii) showing cause why the chief executive should not make a decision under section 49 of that Act in relation to the person’s exemption; and

(b) the person had not withdrawn the representations; and

(c) the chief executive had not made a decision under section 49 of that Act in relation to the exemption.

(4) The representations are taken to be written representations made by the person to the Regulator under the national law, section 213(3)(a)(ii).

(5) A notice given by the chief executive under the repealed Act, section 50 notifying a person of the chief executive’s decision under section 49 of that Act in relation to the person’s exemption is taken to be a notice given by the Regulator to the person under the national law, section 213.