Rail Company Act 2009

In this section – governing documents, in relation to the Company, includes – the statement of expectations in force in respect of the Company and its subsidiaries under section 20; and each direction under section 20A in effect in respect of the Company and its subsidiaries; and the statement of corporate intent in force in respect of the Company and its subsidiaries under section 20E; and the corporate plan in force in respect of the Company under section 21; and the Treasurer’s Instructions in force in respect of the Company and its subsidiaries.

The Board must notify the members, in writing, of any development which, in the opinion of the Board, may – prevent or significantly affect the achievement of the objectives, for the Company or its subsidiaries, as specified in the governing documents of the Company; or significantly affect the financial viability or operating ability of – the Company and its subsidiaries; or any partnership, trust, joint venture or arrangement for the sharing of profits in which the Company or its subsidiaries participates; or prevent the Company or its subsidiaries from complying with a direction given to the Company, or a subsidiary, under section 20A; or significantly affect the ability of the Company or its subsidiaries to comply with a direction given to the Company, or a subsidiary, under section 20A; or otherwise significantly affect the Company, or its subsidiaries, in any manner.

A notification under subsection (2) in respect of a development is to be made as soon as possible after the Board becomes aware of the development.