Victorian Numbered Acts Victorian Numbered Acts(1) The Registrar may, in accordance with this section, remove a registered operator from the Tourist and Heritage Railway Group Register if the Registrar is of the opinion that the operator no longer meets the prescribed criteria for registration.
(2) Before the Registrar removes a registered operator from the register, the Registrar must give written notice to the operator—
(a) stating that, in the opinion of the Registrar, the operator no longer meets the prescribed criteria for registration; and
(b) providing the reasons for that opinion; and
(c) advising that the operator may, within 45 days after receiving the notice, submit in writing reasons why the operator should not be removed from the register.
(3) The Registrar must not make a decision on whether or not to remove the operator from the register unless—
(a) the Registrar has received and considered any submission made by the operator in response to the notice under subsection (2); or
(b) the period permitted under subsection (2)(c) for making a submission has expired.
(4) The Registrar must make a decision on whether
or not to remove the operator from the register not later than 28 days
after—
s. 28
(a) receiving a written submission from the operator; or
(b) the period permitted under subsection (2)(c) for making a submission has expired—
whichever is earlier.
(5) Within a reasonable time after deciding whether or not to remove the operator from the register, the Registrar must notify the operator in writing of the decision.
(6) If the Registrar has decided to remove the operator from the register, the notice under subsection (5) must—
(a) state the reasons for removing the operator from the register; and
(b) advise the operator that the decision is reviewable by VCAT under section 29.