Railways (Access) Amendment Code 2013 (WA)

19 July 2013 GOVERNMENT GAZETTE, WA 3269

TN301*

Railways (Access) Act 1998

Railways (Access) Amendment Code 2013

Made by the Minister under sections 4 and 11(1)(a) of the Act.

1.             Citation

This Code is the Railways (Access) Amendment Code 2013.

2.             Commencement

This Code comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Code is

published in the Gazette;

3270 GOVERNMENT GAZETTE, WA 19 July 2013

(b) the rest of the Code — on the day on which the

Commercial Arbitration Act 2012 section 44 comes into operation.

3.             Code amended

This Code amends the Railways (Access) Code 2000.

4.             Section 23 deleted

Delete section 23.

5.             Section 26 amended

In section 26(3) and (4) delete “Commercial Arbitration
Act 1985” and insert:

Commercial Arbitration Act 2012

Note:  The heading to amended section 26 is to read:

Arbitration of disputes under Commercial Arbitration Act 2012

6.             Section 28 amended

Delete section 28(5) and insert:

(5) Nothing in this section limits section 24B or 25 of the
Commercial Arbitration Act 2012.

7.             Section 30 amended

In section 30(1) delete “Commercial Arbitration Act 1985,” and

insert:

Commercial Arbitration Act 2012,

8.             Section 31 amended

In section 31(1) delete “Commercial Arbitration Act 1985.” and

insert:

Commercial Arbitration Act 2012.

9.             Section 34 amended

(1)	In section 34(1) and (4) delete “Part V of the Commercial Arbitration Act 1985,” and insert:
the Commercial Arbitration Act 2012 Part 7,

19 July 2013 GOVERNMENT GAZETTE, WA 3271

(2)	In section 34(5) delete “section 34(1) or (4) of the Commercial Arbitration Act 1985,” and insert:
section 33B(1) or (7) of the Commercial Arbitration Act 2012,

10.           Section 36A inserted

After section 35 insert:

36A.	Transitional provision relating to the Railways
(Access) Amendment Code 2012
(1)	In this section —

commencement day means the day on which the

Commercial Arbitration Act 2012 section 44 comes into operation.

(2)	This section applies to a dispute to which this Division
applies if, before the commencement day —

(a)	the dispute has been referred to arbitration; and
(b)	the Regulator has appointed under section 26 one or more persons to act as arbitrators to hear and determine the dispute.

(3) If this section applies to a dispute —

(a)	the dispute cannot be referred to arbitration, or otherwise dealt with, under the Commercial Arbitration Act 2012; and
(b)	this Division continues to apply to and in relation to that dispute as if the amendments made by the Railways (Access) Amendment Code 2012 sections 4 to 9 had not been made.

T. BUSWELL, Treasurer.

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