Initial specification of rail access maximum prices
38J Initial specification of rail access maximum prices
S. 38J(1) amended by No. 19/2022 s. 77(a).
The Minister, by notice published in the Government Gazette, may specify maximum prices for declared rail transport services provided by an access provider by means of a declared rail network for a financial year.
For the purpose of specifying maximum prices under subsection (1), the Minister must have regard to—
the costs of maintaining the declared rail network; and
the opportunity for an access provider to recover any capital investment in the declared rail network; and
the costs incurred by an access provider in providing the declared rail transport services; and
the railway track standards specified in the applicable Statement of Freight Network Capability; and
the Government's rail freight policies and programs.
A notice under subsection (1) must—
specify—
the declared rail transport services to which the specified maximum prices will apply; and
S. 38J(3)(a)(ii) amended by No. 19/2022 s. 77(b).
the financial year during which the specified maximum prices will apply to the provision of declared rail transport services; and
S. 38J(3)(b) amended by No. 19/2022 s. 77(b).
be published in accordance with that subsection before 1 June preceding the financial year.
S. 38K substituted by No. 68/2017 s. 88.
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