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s 29

Powers of Regulator in relation to segregation

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Part 4Administrative and accounting arrangements
Division 3Segregation of access‑related functions

29 Powers of Regulator in relation to segregation

(1)

Before a railway owner puts in place or varies any arrangement for the purpose of carrying out its obligations under section 28 it must obtain the Regulator’s approval to the arrangement or variation.

(2)

In addition to subsection (1), the Regulator may confer with a railway owner on any matter which relates to the way in which the railway owner’s obligations under section 28 are to be carried out, with a view to the Regulator and the railway owner reaching agreement on the matter.

(3)

The Regulator may give directions in writing to a railway owner with respect to a matter to the extent that agreement is not reached under subsection (2), and the railway owner is to comply with any such direction.

(4)

If a railway owner fails to comply with —

(a)

an arrangement, or varied arrangement, approved under subsection (1);

(b)

an agreement reached under subsection (2); or

(c)

a direction given under subsection (3),

the railway owner commits an offence.

Penalty: $100 000.

[Section 29 amended: No. 13 of 2000 s. 80.]

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