Western Australian Numbered Acts Western Australian Numbered Acts (1) If the Rail Safety
Regulator considers that there is, or would be, an immediate and serious risk
to safety unless an accreditation is suspended immediately, the Rail Safety
Regulator may, without complying with section 46(5) or (6), 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 Rail Safety
Regulator may, by notice in writing given to a person whose accreditation is
suspended wholly or in part or in respect of specified 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 Rail Safety
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
Rail Safety Regulator —
(a) must
notify the person in writing —
(i)
that the Rail Safety 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 Rail Safety 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withdrawn.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 Rail Safety
Regulator extends the suspension of the person, the Rail Safety Regulator must
include in the notice extending the suspension the reasons for the extension
and information about the right of review under Part 7.