Railways Act 2005 No 37 (as at 01 October 2008), Public Act

25 Matters relating to action taken under section 23 or section 24
  • (1) This section applies if the Agency is to determine whether a licence should be—

    • (a) suspended or subjected to temporary conditions under section 23; or

    • (b) revoked or subjected to permanent conditions under section 24.

    (2) If this section applies, the Agency, as the Agency considers appropriate, may take into account and give weight to the following matters:

    • (a) the licence holder's compliance history with transport safety regulatory requirements (including this Act and the rules) and with the conditions of the licence holder's licence:

    • (b) any conviction of the licence holder, or any of the licence holder's officers, for a transport safety offence:

    • (c) evidence that the licence holder has committed a transport safety offence or has contravened or failed to comply with this Act, the rules, or any conditions of the licence holder's licence.

    (3) The Agency is not confined to consideration of the matters specified in subsection (2), and may take into account other matters and evidence from any source that the Agency considers relevant.

    Compare: 1990 No 98 s 19

    Section 25(1): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 25(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

    Section 25(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).