Definitions
38A Definitions
In this Part—
S. 38A def. of access provider amended by No. 41/2019 s. 117(Sch. 1 item 10.1(a)).
access provider means any of the following persons if they provide, or are capable of providing, a declared rail transport service—
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an accredited person within the meaning of the Rail Safety National Law (Victoria);
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a rail infrastructure manager within the meaning of the Rail Safety National Law (Victoria) who is registered under Division 5 of Part 3 of that Law;
the Southern Cross Station Authority;
the Crown;
a related body corporate of a person referred to in paragraphs (a) to (e);
any other person declared by Order in Council under section 38D to be an access provider;
access regime dispute has the meaning given by section 38ZA;
S. 38A def. of access seeker substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(b)).
access seeker means an accredited person within the meaning of the Rail Safety National Law (Victoria) who wants to be provided a declared rail transport service by an access provider;
capacity, in relation to a declared rail network, means the capability of the declared rail network, when used, to provide declared rail transport services;
declared rail network means the rail infrastructure used to provide declared rail transport services;
declared rail transport service means a rail transport service declared by an Order under section 38E;
independent panel means an independent panel constituted under section 38ZC;
operate has the meaning given by section 38B;
penalty provision means any of the following sections—
section 38ZJ(2);
section 38ZP(1);
section 38ZP(2);
principle of passenger priority means the principle set out in section 38G;
rail access agreement content order means an Order under section 38O;
rail access guidelines means guidelines prepared under section 38H and includes any amendment to guidelines prepared under that section;
S. 38A def. of rail transport operator substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(c)).
rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);
rail transport service has the meaning given by section 38C;
specified maximum prices means prices specified under section 38J, 38K or 38M;
Statement of Freight Network Capability means a statement prepared under section 38P and includes any amendment to a statement prepared under that section;
S. 38A def. of user substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(d)).
user means an accredited person within the meaning of the Rail Safety National Law (Victoria) who is provided a declared rail transport service by an access provider.
S. 38B substituted by No. 68/2017 s. 88.
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