Rail Safety National Law (WA)

This section applies in respect of a rail transport operator who has been granted an exemption under this Division if —

the Regulator considers that the operator —

is no longer able to demonstrate to the satisfaction of the Regulator the matters referred to in section 206 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

is not managing the rail infrastructure, or is not operating rolling stock in relation to any rail infrastructure, to which the exemption relates and has not done so for at least the preceding 12 months; or

the operator contravenes this Law.

The Regulator may —

suspend the exemption for a period determined by the Regulator; or

cancel the exemption with immediate effect or with effect from a specified future date; or

impose conditions or restrictions on the exemption; or

vary conditions or restrictions to which the exemption is subject.

Before making a decision under subsection (2), the Regulator —

must notify the rail transport operator in writing —

that the Regulator is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

that the person may, within 28 days or such longer period as is specified in the notice, make written representations to the Regulator showing cause why the decision should not be made; and

must consider any representations made under paragraph (a)(ii) and not withdrawn.

If the Regulator suspends or cancels the exemption, the Regulator must include in the notice of suspension or cancellation the reasons for the suspension or cancellation and information about the right of review under Part 7.

The Regulator may withdraw a suspension of the exemption by written notice given to the rail transport operator.