Preparation of access undertaking
1 Preparation of access undertaking
A rail infrastructure owner may from time to time prepare—
an access undertaking, or
a variation of an existing access undertaking,
for the purpose of implementing the Competition Principles Agreement in respect of third party access to the part of the NSW rail network for which it is the rail infrastructure owner by the national rail track corporation, by rail operators and by access purchasers.
Before completing its preparation of an access undertaking or variation, a rail infrastructure owner—
must cause a copy of the proposed undertaking or variation to be made available for public inspection, and posted on its Internet website, for at least 30 days, and
must cause notice of the proposed undertaking or variation—
containing details of the places (including the address of the relevant Internet website) where it can be inspected, and
stating that public submissions may be made in relation to it during that period,
to be published in a daily newspaper circulating throughout New South Wales, and
must take into consideration any submissions made in relation to the proposed undertaking or variation during that period.
Subclause (2) does not apply if the access undertaking or variation (or a substantially similar access undertaking or variation)—
has been submitted to the Australian Competition and Consumer Commission under section 44ZZA of the Competition and Consumer Act 2010 of the Commonwealth, and
has been withdrawn without having been accepted under that section, and
prior to its being withdrawn, has been subject to a public consultation process under section 44ZZA(4) of that Act.
In this clause, Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the Territories and the States, as in force for the time being.
This Act’s bill:Explanatory memorandum
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