Transport Legislation (Further Amendment) Act 2005 (Vic)
Transport Legislation (Further Amendment) Act 2005
Act No. 25/2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purposes
2.Commencement
PART 2—AMENDMENT OF RAIL CORPORATIONS ACT 1996
3.Definitions
4.New Division 1 of Part 2A substituted and Divisions 2 and 3 of Part 2A repealed
Division 1—Introduction
38A.Definitions
38B.Associated rail infrastructure may be declared to be rail infrastructure
38C.Tabling and disallowance of Orders under section 38B
38D.Declaration of persons to be access providers
38E.Application of Essential Services Commission Act 2001
38F.Objectives of the Commission
38G.Meaning of "operate"
38H.Principle of passenger priority
38I.Declaration of rail transport services
38J.Pricing Principles Order
38K.Declaration of certain agreements to be relevant rail infrastructure agreements
38L.Extra-territorial operation
5.New Divisions 2 and 3 of Part 2A inserted
Division 2—Commission Rules and Guidelines
38M.Definition
38N.Procedural requirements for the making of a Commission instrument
38O.Commission instruments may incorporate documents and other material
38P.General powers applicable to the making of a Commission instrument
38Q.Commission instruments must be in force at all times
38R.Account keeping rules
38S.Ring fencing rules
38T.Capacity use rules
38U.Network management rules
38V.Negotiation guidelines
Division 3—Access Arrangements
38W.Submission of access arrangement to Commission for approval
38X.Contents of proposed access arrangements
38Y.Notification by Commission of submission to it of proposed access arrangement
38Z.Submission and comments in relation to proposed
access arrangement38ZA.Consideration of submission or comments by Commission
38ZB.Draft decision on whether proposed access
arrangement will be approved38ZC.Access provider may submit revisions to proposed access arrangement
38ZD.Submission and comments in relation to draft decision
38ZE.Consideration of submissions and comments on draft decision
38ZF.Final decision on proposed access arrangement
38ZG.Time within Commission must make a final decision
38ZH.Giving and publishing a final decision
38ZI.Matters to be taken into account in making a final decision
38ZJ.Commission to make proposed access arrangement in certain cases
38ZK.Deemed access arrangement if Commission fails to
make a certain access arrangement38ZL.Deemed access arrangements may be replaced in
certain circumstances38ZM.Period of operation of access arrangement
38ZN.Effect of access arrangement approved under this Division or made by the Commission
38ZO.Variation of a binding access arrangement on the application of the access provider
38ZP.Variation of a binding access arrangement by Commission
38ZQ.Substitution of access provider to a binding access arrangement
38ZR.Renewal of access arrangement
38ZS.Appeals from Commission decisions under Division 3
6.New Division 4 of Part 2A substituted and new Divisions 5 to 9 of Part 2A inserted
Division 4—Interconnection of Railways
38ZT.Interconnection
Division 5—Dispute Resolution
38ZU.What is an access regime dispute?
38ZV.Notification of access regime dispute
38ZW.Withdrawal of notice of access regime dispute
38ZX.Commission must decide on access regime disputes
38ZY.Time within which Commission must make dispute resolution decision
38ZZ.Minister may extend time within which Commission may make decision
38ZZA.Commission may decide not to make dispute resolution decision in certain cases
38ZZB.Matters to be taken into account in making decision
38ZZC.Decisions must not be inconsistent with principles
and rules38ZZD.Decisions must not be inconsistent with an access arrangement
38ZZE.Decisions must not interfere with certain directions
of the Secretary38ZZF.Certain decisions must not be made without prior consultation with Secretary and Director
38ZZG.Decisions in relation to extensions of rail
infrastructure38ZZH.Hearings for the purposes of a dispute resolution decision
38ZZI.Hearing to be in private
38ZZJ.Right to representation
38ZZK.Particular powers of the Commission for the
purposes of making a dispute resolution decision38ZZL.Power to take evidence on oath or affirmation
38ZZM.Commission may give directions in relation to negotiations
38ZZN.Two or more access regime disputes may be decided together
38ZZO.Commission may make interim decision
38ZZP.Variation or revocation of dispute resolution
decisions38ZZQ.Appeals from decisions of the Commission under Division 5
38ZZR.Commission may recover its costs in certain cases
Division 6—Access Provider Obligations
38ZZS.Hindering or preventing access
38ZZT.Compliance with access arrangement
38ZZU.Compliance with account keeping rules
38ZZV.Compliance with ring fencing rules
38ZZW.Compliance with capacity use rules
38ZZX.Compliance with network management rules
38ZZY.Access provider obligation in relation to calculating prices for declared rail transport services
Division 7—Confidential Information
38ZZZ.Access provider confidential information obligations
38ZZZA.Access seeker and user confidential information obligations
38ZZZB.Access provider system and business rules for the handling of confidential information
Division 8—Enforcement and Other Proceedings
38ZZZC.Proceedings
38ZZZD.Criminal proceedings do not lie
38ZZZE.Proceedings for contraventions of penalty provisions
38ZZZF.Pecuniary penalties to be paid into the Consolidated Fund
38ZZZG.Injunctions
38ZZZH.Declaratory relief
38ZZZI.Enforcement of dispute resolution decisions
Division 9—Miscellaneous
38ZZZJ.Collection and use of information by Commission
7.Supreme Court—limitation of jurisdiction
8.Amendment of regulation making power
PART 3—AMENDMENT OF TRANSPORT ACT 1983 AND THE CONSTITUTION ACT 1975
Division 1—Access Regime Related Amendments
9.Priority of passenger services
Division 2—Other Amendments
10.Applications for renewal of authorisation
11.Renewal of authorisation
12.Duration of accreditation
13.Application for renewal of accreditation
14.Renewal of accreditation
15.New Division 1B of Part VIII inserted
Division 1B—Validation
246CA.Definitions
246CB.Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA
246CC.Authorised officers for the purposes of Division 2 of Part VII appointed by PTC
246CD.Authorised officers for the purposes of section Division 2 of Part VII appointed by Secretary
246CE.Authorized officer for the purposes of section 218 appointed by the MTA or STA
246CF.Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1)
246CG.Authorised officers for the purposes of section 218B appointed by PTC under that section
246CH.Authorised officers for the purposes of section 218B by Secretary
246CI.Officers of the MTA and STA authorized for the purposes of section 219(2) or (4)
246CJ.Officers of the PTC authorised for the purposes of section 219(2), (4) or (7)
246CK.Officers of the PTC authorised for the purposes of section 219A
246CL.Relevant employees and authorised officers for the purposes of section 219
246CM.Authorised persons for the purposes of
section 219AA246CN.Authorised persons, authorised officers and relevant employees for the purposes of section 220
246CO.Authorized persons for the purposes of section 221 authorized by MTA or STA
246CP.Authorized persons for the purposes of section 221 authorized by PTC
246CQ.Authorized persons for the purposes of section 221 authorised by the Secretary
246CR.Authorised officers for the purposes of
section 221AA246CS.Examples of things validated
246CT.Accreditations under Division 4A of Part VII
246CU.Prosecutorial authorisations by the MTA or STA
246CV.Prosecutorial authorisations by the PTC
246CW.Prosecutorial authorisations by the Secretary
246CX.Only things done or purported to have been done under a purported authorisation and appointment validated
246CY.Evidence
246CZ.Delegations generally in relation to authorisations
246CZA.Delegations generally in relation to accreditations
246CZB.Incorrect delegations purportedly under section 6B
246CZC.No proceedings may be brought
246CZD.Preservation of rights only in certain proceedings
16.Constitution Act 1975—amendment of section 85
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ENDNOTES
Transport Legislation (Further Amendment) Act 2005
[Assented to 31 May 2005]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.Purposes
The main purposes of this Act are—
(a)to amend the Rail Corporations Act 1996 to provide for a new access regime; and
(b)to amend the Transport Act 1983 to—
(i)validate certain things done or purported to have been done by certain persons in relation to the administration of Part VII of that Act, including the investigation and prosecution of offences under that Part; and
(ii)validate certain accreditations of passenger transport companies and bus companies under Division 4A of Part VII of that Act that may not have been validly given by the Secretary; and
(iii)deem certain instruments of delegation as validly and lawfully executed; and
(iv)validate certain exercises or purported exercises of delegated powers to authorise certain persons to do things in relation to the administration of Part VII of that Act, including the investigation and prosecution of offences under that Part;
(c)to amend the Constitution Act 1975 in relation to an amendment made by this Act to the Transport Act 1983.
2.Commencement
(1)This Act (except sections 5 and 9(7), (8) and (9)) comes into operation on the day it receives the Royal Assent.
(2)Subject to sub-section (3), sections 5 and 9(7), (8) and (9) come into operation on a day to be proclaimed.
(3)If sections 5 and 9(7), (8) and (9) do not come into operation before 1 January 2006, they come into operation on that day.
__________________
PART 2—AMENDMENT OF RAIL CORPORATIONS ACT 1996
3.Definitions
In section 3(1) of the Rail Corporations Act 1996—
(a)the definitions of "declared rail transport service" and "rail transport service" are repealed;
(b)after the definition of "former relevant assets" insert—
' "freight service" means a service for the carrying of freight by railway;';
(c)for the definition of "rail infrastructure" substitute—
' "rail infrastructure" means a facility that is used to operate a railway and includes—
(a)railway track, railway track sidings, associated track structures and works (such as cuttings, tunnels, bridges, stations, platforms, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, depots, yards, plant, machinery and equipment; and
(b)a facility or infrastructure not referred to in paragraph (a) that is used to operate a railway that is prescribed to be rail infrastructure—
but does not include associated rail infrastructure;
Note:Associated rail infrastructure may be declared to be rail infrastructure for the purposes of Part 2A under an Order made by the Governor in Council: See section 38B.';
(d)insert the following definitions—
' "associated rail infrastructure" means—
(a)an office, building or house used in the provision of rail transport services;
(b)a workshop;
(c)a terminal;
(d)rolling stock;
"terminal" means a facility at which freight is loaded or unloaded from rolling stock, or stored, and includes hard stands, equipment and other infrastructure used for the loading or unloading of freight from rolling stock at the facility;'.
4.New Division 1 of Part 2A substituted and Divisions 2 and 3 of Part 2A repealed
For Divisions 1, 2 and 3 of Part 2A of the Rail Corporations Act 1996 substitute—
'Division 1—Introduction
38A.Definitions
In this Part—
"access activity" means any of the following activities carried out by an access provider—
(a)the management or maintenance of, or investment in, rail infrastructure used in the provision of declared rail transport services;
(b)negotiation or management of agreements for the provision of declared rail transport services;
(c)the assessment, allocation and management of capacity;
(d)the provision, scheduling and management of train control services;
(e)an activity that is incidental to an activity referred to in paragraphs (a) to (d);
"access arrangement" means—
(a)an access arrangement approved in a final decision under section 38ZF; or
(b)an access arrangement made under section 38ZJ or 38ZL; or
(c)a proposed access arrangement deemed to be an access arrangement by operation of section 38ZK;
"access arrangement information" means information that an access seeker would reasonably require to understand the derivation of the elements of the access arrangement so as to form an opinion as to whether the access arrangement complies with this Part;
"access provider" means any of the following persons if they provide, or are capable of providing, a declared rail transport service—
(a)a person accredited under Division 3 of Part VI of the Transport Act 1983 to manage rail infrastructure (as defined by section 104(1) of that Act);
(b)a person who manages rail infrastructure (as defined by section 104(1) of the Transport Act 1983) and is exempted from the requirement to be accredited under Division 3 of Part VI of that Act by regulations made under that Act;
(c)the Spencer Street Station Authority;
(d)the Crown;
(e)a related body corporate of a person referred to in paragraphs (a) to (c);
(f)any other person declared by Order in Council under section 38D to be an access provider;
"access regime dispute" means—
(a)a dispute described in section 38ZU(1); or
(b)a belief of an access seeker or a user of the kind described in section 38ZU(2) that is taken to give rise to an access regime dispute by operation of that sub-section;
"access seeker" means a person seeking to be provided a declared rail transport service by an access provider or seeking interconnection;
"account keeping rules" means the rules made under section 38R;
"binding access arrangement", in relation to an access provider, means an access arrangement with which the access provider is, under this Part, bound to comply;
"capacity", in relation to a rail network, means the capability of the rail network, when used, to provide declared rail transport services;
"capacity use rules" means the rules made under section 38T;
"declared rail transport service" means a rail transport service declared by an Order under section 38I;
"dispute resolution decision" means a decision of the Commission under section 38ZX(1);
"draft decision" means a decision of the Commission made under section 38ZB;
"final decision" means a decision of the Commission made under section 38ZF;
"interconnection" means the connection of an access seeker's railway track or railway siding to an access provider's relevant railway track as provided for by section 38ZT;
"interested person" means a person whom the Commission considers has a sufficient interest in the approval of a proposed access arrangement;
"internal transfer terms" means the terms and conditions upon which, including prices, an access provider provides a declared rail transport service to itself or a related body corporate;
"negotiation guidelines" means the guidelines made under section 38V;
"network management rules" means the rules made under section 38U;
"operate" has the meaning given to it by section 38G;
"penalty provision" means section 38W(1), 38W(2), 38ZR(1), 38ZZK(2), 38ZZK(4), 38ZZM(3), 38ZZS, 38ZZT, 38ZZU(a) and (b), 38ZZV, 38ZZW, 38ZZX, 38ZZY(1), 38ZZZ(1), 38ZZZ(4), 38ZZZA(1), 38ZZZA(4) or 38ZZZB(3);
"pricing principles" means the principles specified in the Pricing Principles Order;
"Pricing Principles Order" means the Order made under section 38J;
"principle of passenger priority" has the meaning given to it by section 38H;
"proposed access arrangement" means an access arrangement submitted to the Commission for approval under section 38W;
"rail network" means the rail infrastructure used to provide declared rail transport services;
"rail transport service" means—
(a)a service provided, or that may be provided, to a user or an access seeker by an access provider, or by an access provider to itself or to a related body corporate, by means of rail infrastructure or tram infrastructure owned or operated by that access provider that enables the user, access seeker, that access provider, or a related body corporate of that access provider, to provide freight services, passenger services or other transport services, and includes—
(i)the service of allowing a user to use rail infrastructure or tram infrastructure (as the case requires);
(ii)the service of assessing the capacity of a rail network owned or operated by the access provider;
(iii)the service of allocating the capacity of a rail network owned or operated by the access provider;
(iv)the service of allocating train paths;
(v)the service of planning train services;
(vi)the service of scheduling train services;
(vii)the service of managing and controlling train services, including train traffic management;
(viii)the service of managing and controlling a rail network owned or operated by the access provider;
(ix)the service of maintaining a rail network owned or operated by the access provider;
(x)the service of extending, enhancing or expanding a rail network owned or operated by the access provider;
(b)a service provided, or that may be provided, by an access provider for, or associated with, the connection of railway track or tramway track owned or operated by another person to railway track or tramway track owned or operated by that access provider;
(c)any service that is ancillary to a service referred to in paragraph (a) or (b);
"reference service" means a declared rail transport service that—
(a)is provided by an access provider to itself or a related body corporate; or
(b)is likely to represent a significant proportion of demand by access seekers for declared rail transport services; or
(c)is provided by means of a terminal;
"relevant capacity allocation activity" means—
(a)assessing the capacity of a rail network;
(b)allocating the capacity of a rail network;
(c)allocating train paths;
(d)any activity that is ancillary to an activity referred to in paragraph (a) to (c);
"relevant rail network management activity" means—
(a)scheduling and planning train services;
(b)an activity carried out for the provision of train control services, including train traffic management;
(c)the management of the interaction of rail infrastructure and rolling stock;
(d)the management of incidents that affect or may affect the operation or safe operation of a rail network;
(e)any activity that is ancillary to an activity referred to in paragraphs (a) to (d);
"ring fencing rules" means the rules made under section 38S;
"train control services" means services involving the giving of directions or the granting of permission to operate rolling stock on a rail network consistent with the safe and efficient operation of that rolling stock and that rail network;
"train path" means a right (whether arising under an agreement or otherwise) to operate rolling stock between particular locations on a railway at particular times;
"user" means a person who—
(a)is a party to an agreement under which they acquire a declared rail transport service; or
(b)has a right to be provided a declared rail transport service under a dispute resolution decision.
38B.Associated rail infrastructure may be declared to be rail infrastructure
Despite the definition of "rail infrastructure" in section 3(1), the Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, declare associated rail infrastructure to be rail infrastructure for the purposes of this Part.
38C.Tabling and disallowance of Orders under section 38B
(1)On or before the 6th sitting day after an Order under section 38B is published in the Government Gazette, the Minister must ensure that a copy of that Order is laid before each House of the Parliament.
(2)A failure to comply with sub-section (1) does not affect the operation or effect of the Order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.
(3)An Order under section 38B may be disallowed in whole or in part by either House of Parliament.
(4)Part 5 of the Subordinate Legislation Act 1994 applies to an Order under section 38B as if—
(a)a reference in that Part to a "statutory rule" were a reference to an Order under section 38B; and
(b)a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to sub-section (1).
(5)A reference to an Order under section 38B in this section includes a reference to any amendment to an Order under section 38B.
38D.Declaration of persons to be access providers
The Governor in Council may, by Order published in the Government Gazette, declare a person who provides, or is capable of providing, a rail transport service (other than a person referred to in paragraphs (a) to (d) of the definition of "access provider") to be an access provider.
38E.Application of Essential Services Commission Act 2001
(1)This Part is relevant legislation for the purposes of the Essential Services Commission Act 2001 (other than Part 3 of that Act).
(2)For the purposes of the Essential Services Commission Act 2001 (other than Part 3 of that Act)—
(a)railways and rail infrastructure; and
(b)tramways and tram infrastructure—
are each a regulated industry.
38F.Objectives of the Commission
The objectives of the Commission in relation to each regulated industry are, in addition to the objectives under section 8 of the Essential Services Commission Act 2001 (but subject to section 5(2) of that Act)—
(a)to ensure access seekers, and any other person the Commission considers may want to be provided declared rail transport services, have a fair and reasonable opportunity to be provided declared rail transport services; and
(b)to promote competition in rail transport services to achieve an increase in the use of, and efficient investment in, rail infrastructure or tram infrastructure (as the case requires).
38G.Meaning of "operate"
A person operates rail infrastructure or tram infrastructure, or a rail network, for the purposes of this Part if the person—
(a)owns or leases rail infrastructure or tram infrastructure, or a rail network, or has a right conferred by an Act or a contract to manage rail infrastructure or tram infrastructure, or a rail network; and
(b)either—
(i)operates, or appoints an agent or contractor to operate, the signalling, rolling stock control and communications facilities of the railway or tramway, as the case requires; or
(ii)carries out, or appoints an agent or contractor to carry out, on or about the railway or tramway (as the case requires), the construction, maintenance, repair or alteration of any of the rail infrastructure or tram infrastructure or rail network.
38H.Principle of passenger priority
(1)For the purposes of this Part, the principle of passenger priority is the giving of priority to the provision of declared rail transport services to passenger service users over the provision of declared rail transport services to other users.
(2)In this section—
"other users" means users of declared rail transport services who use those services to provide freight services and other transport services (other than passenger services);
"passenger service users" means users of declared rail transport services who use those services to provide passenger services.
38I.Declaration of rail transport services
(1)The Governor in Council on the recommendation of the Minister may, by Order published in the Government Gazette, declare a rail transport service to be a declared rail transport service for the purposes of this Part until the date (if any) for the expiry of the declaration specified in the Order.
(2)An Order under sub-section (1) must specify whether a rail transport service is a declared rail transport service in respect of passenger services, freight services or other transport services.
(3)An Order under sub-section (1) may—
(a)specify that a rail transport service is a declared rail transport service in respect of a person named in the Order;
(b)declare a rail transport service as a declared rail transport service by reference to—
(i)the person who owns or operates the rail infrastructure used to provide the rail transport service; or
(ii)the location of the rail infrastructure used to provide the rail transport service; or
(iii)the type of rail infrastructure used to provide the rail transport service.
(4)The Minister may only make a recommendation under sub-section (1) if he or she is satisfied that it is necessary to do so to promote competition or increase efficiency or the level of services to the public.
38J.Pricing Principles Order
(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette—
(a)specify the principles for the calculation of prices that an access provider may charge in respect of declared rail transport services that it may provide;
(b)authorise the Commission to determine the methodology, in accordance with the principles specified under paragraph (a), for the calculation of prices that—
(i)an access provider may charge in respect of declared rail transport services that the access provider may provide;
(ii)the Commission may, in a relevant decision, decide an access provider may charge in respect of declared rail transport services provided by that access provider.
(2)To avoid doubt, the methodology determined by the Commission under an Order under this section for the calculation of prices that may be charged in respect of declared rail transport services is not a determination for the purposes of the Essential Services Commission Act 2001.
(3)The pricing principles specified in an Order under this section must not require, entitle or allow a relevant access provider to recover from a relevant user any capital expenses incurred by that relevant access provider in respect of relevant rail infrastructure other than expenses that have been or are incurred on or after 30 April 1999 for the purpose of extending or replacing that infrastructure.
(4)Nothing in an Order under sub-section (1) limits the capacity of an access provider to agree to provide a declared rail transport service to an access seeker at a price that is inconsistent with anything specified in the Order.
(5)In this section—
"PIL rail infrastructure" means rail infrastructure that is "Railway Infrastructure" as defined in the Primary Infrastructure Lease;
"Primary Infrastructure Lease" means the agreement entitled the "Primary Infrastructure Lease", entered into between the Director and Freight Victoria Limited (ACN 075 295 644) on or about 30 April 1999;
"relevant decision" means—
(a)a final decision;
(b)a final decision in respect of an access arrangement made under section 38ZJ(1) or 38ZL;
(c)a decision under section 38ZO or 38ZP;
(d)a final decision in respect of an application for the renewal of an access arrangement under section 38ZR;
(e)a dispute resolution decision;
(f)an interim decision under section 38ZZO;
(g)a decision under section 38ZZP varying a dispute resolution decision;
"relevant access provider" means an access provider who owns, operates or controls relevant rail infrastructure;
"relevant rail infrastructure agreement" means—
(a)the Primary Infrastructure Lease;
(b)the agreement entitled the ''Dynon Intermodal Terminal Lease", entered into between Victorian Rail Track and Freight Victoria Limited (ACN 075 295 644) on or about 29 April 1999;
(c)any agreement declared by the Governor in Council under section 38K;
"relevant rail infrastructure" means—
(a)PIL rail infrastructure; and
(b)rail infrastructure that is the subject of a relevant rail infrastructure agreement (other than the Primary Infrastructure Lease);
"relevant user" means a user provided a declared rail transport service by a relevant access provider by means of relevant rail infrastructure.
38K.Declaration of certain agreements to be relevant rail infrastructure agreements
(1)The Minister may, by Order published in the Government Gazette, declare an agreement under which rail infrastructure is leased to be a relevant rail infrastructure agreement for the purposes of section 38J.
(2)In this section—
"relevant rail infrastructure agreement" has the same meaning as in section 38J(5).
38L.Extra-territorial operation
It is the intention of the Parliament that the operation of this Part should, so far as possible, include operation in relation to—
(a)railways and rail infrastructure situated outside Victoria;
(b)a rail transport service operating outside Victoria.'.
5.New Divisions 2 and 3 of Part 2A inserted
After section 38L of the Rail Corporations Act 1996 insert—
'Division 2—Commission Rules and Guidelines
38M.Definition
In this Division—
"Commission instrument" means—
(a)the account keeping rules; or
(b)the ring fencing rules; or
(c)the capacity use rules; or
(d)the network management rules; or
(e)the negotiation guidelines.
38N.Procedural requirements for the making of a Commission instrument
(1)The Commission, before making a Commission instrument, must—
(a)publish a draft of the Commission instrument on its website; and
(b)make available for inspection at its offices a draft of the Commission instrument; and
(c)by notice published on its website and in a newspaper circulating generally throughout the State on the same day, invite written submissions or comments in relation to the draft of the Commission instrument by the date specified in the notice.
(2)The date specified in a notice under sub-section (1)(c) must not be a date that is less than 21 days after the date the notice is published.
(3)The Commission—
(a)must consider any written submissions or comments it receives by the date specified in the notice; and
(b)may, but need not, consider any written submissions or comments received after the date specified in the notice.
(4)The Commission must, as soon as practicable after making a Commission instrument, publish the Commission instrument in the Government Gazette and on its website.
(5)A Commission instrument does not have effect for the purposes of this Part until it is published in the Government Gazette.
38O.Commission instruments may incorporate documents and other material
(1)A Commission instrument may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, authority or body whether—
(a)wholly or partially or as amended by the Commission instrument; or
(b)as formulated, issued, prescribed or published at the time the Commission instrument is made or at any time before the Commission instrument is made; or
(c)as amended from time to time.
(2)Section 32 of the Interpretation of Legislation Act1984 does not apply to a Commission instrument.
38P.General powers applicable to the making of a Commission instrument
A Commission instrument—
(a)may be of general or limited application;
(b)may differ according to differences in time, place or circumstance.
38Q.Commission instruments must be in force at all times
(1)There must be in force, at all times, every Commission instrument providing for the matters or things specified in a relevant provision.
(2)Sub-section (1) applies on and from the date every Commission instrument is first made under a relevant provision.
(3)In this section—
"relevant provision" means—
(a)in relation to the account keeping rules, section 38R;
(b)in relation to the ring fencing rules, section 38S;
(c)in relation to the capacity use rules, section 38T(1);
(d)in relation to the network management rules, section 38U(1);
(e)in relation to the negotiation guidelines, section 38V(1).
38R.Account keeping rules
(1)The Commission must make rules for or with respect to requiring an access provider to—
(a)prepare, maintain and keep accounting records in relation to access activities and other activities of the access provider; and
(b)prepare, maintain and keep accounts in relation to access activities and other activities of the access provider; and
(c)provide the accounting records and accounts referred to in paragraphs (a) and (b) to the Commission.
(2)Without limiting sub-section (1), rules must be made that—
(a)require an access provider to prepare, maintain and keep records relating to internal transfer terms; and
(b)require an access provider to prepare, maintain and keep records that disclose the allocation of the costs it incurs in operating its business as between activities carried out in operating that business; and
(c)require an access provider to provide the records referred to in paragraphs (a) and (b) to the Commission; and
(d)specify accounting principles with which an access provider must prepare accounts in relation to access activities and other activities of the access provider.
Note:The procedure for the making of the account keeping rules is set out in section 38N.
38S.Ring fencing rules
The Commission must make rules for or with respect to—
(a)requiring an access provider to separate its access activities from its other activities as if the access activities are being carried out by a different entity; and
(b)the manner in which the access provider is to effect the separation of its access activities from its other activities as provided for by paragraph (a); and
(c)requiring an access provider that provides declared rail transport services to itself or related bodies corporate, to provide those services on an arm's length basis.
Note:The procedure for the making of the ring fencing rules is set out in section 38N.
38T.Capacity use rules
(1)The Commission must make rules for or with respect to the carrying out of a relevant capacity allocation activity.
(2)Without limiting sub-section (1), rules must be made that—
(a)require an access provider, or a related body corporate of the access provider, to surrender unutilised or under utilised train paths allocated to that access provider or that related body corporate and the circumstances for the surrender; and
(b)require a user to surrender unutilised or under utilised train paths allocated to them under this Part and the circumstances for that surrender; and
(c)require an access provider to report to the Commission actual train path utilisation and the method of that reporting.
(3)The Commission may make rules—
(a)for or with respect to requiring an access provider to prepare and maintain protocols for the allocation of the capacity of a rail network;
(b)for or with respect to requiring an access provider to comply with protocols referred to in paragraph (a);
(c)for or with respect to the method by which an access provider must report to the Commission actual train path utilisation;
(d)that confer a function or power on, or leave anything to be decided by, the Commission in relation to any matter or thing specified in sub-section (1), (2) or this sub-section, including the power to approve protocols referred to in paragraph (a) consistent with the rules.
(4)Rules made under this section—
(a)must be consistent with the principle of passenger priority; and
(b)must prohibit an access provider from, while carrying out a relevant capacity allocation activity, unreasonably favouring itself or another person over any other person.
(5)In making rules under this section, the Commission must have regard to the desirability, where practicable, of reserving train paths for access seekers who are not related bodies corporate of an access provider.
Note:The procedure for the making of the capacity use rules is set out in section 38N.
38U.Network management rules
(1)The Commission must make rules for or with respect to the carrying out of a relevant rail network management activity.
(2)The Commission may make rules—
(a)for or with respect to requiring an access provider to prepare and maintain protocols for the management of a rail network;
(b)for or with respect to requiring an access provider to comply with protocols referred to in paragraph (a);
(c)that confer a function or power on or leave anything to be decided by the Commission in relation to any matter or thing specified in sub-section (1) or this sub-section, including the power to approve protocols referred to in paragraph (a) consistent with the rules.
(3)Rules made under this section—
(a)must be consistent with the principle of passenger priority; and
(b)must prohibit an access provider from, while carrying out a relevant network management activity, unreasonably favouring itself or another person over any other person.
Note:The procedure for the making of the network management rules is set out in section 38N.
38V.Negotiation guidelines
(1)The Commission must make guidelines for or with respect to—
(a)the information an access provider must provide to an access seeker, including information that relates to—
(i)the management of the capacity of a rail network; and
(ii)the availability of train paths; and
(iii)timetabling; and
(b)the procedure under which an access seeker may make an application for the provision of a declared rail transport service to it by an access provider; and
(c)the procedure and method as to how an access provider will assess and determine applications referred to in paragraph (b); and
(d)specifying a period of time within which an access provider must assess and determine applications referred to in paragraph (b); and
(e)prohibiting an access provider from requiring or requesting the following persons to identify a consignee—
(i)an access seeker seeking the provision of declared rail transport services for the purpose of providing freight services; or
(ii)a user using declared rail transport services for the purpose of providing freight services.
(2)The Commission may make guidelines for or with respect to—
(a)fees or levies that an access provider may charge for assessing and determining applications referred to in sub-section (1)(b);
(b)fees or levies that an access provider may charge an access seeker for information relating to a declared rail transport service;
(c)prohibiting fees or levies of the kind referred to in paragraphs (a) and (b) if those fees or levies exceed an amount specified in the guidelines;
(d)interconnection.
Note:The procedure for the making of the negotiation guidelines is set out in section 38N.
Division 3—Access Arrangements
38W.Submission of access arrangement to Commission for approval
(1)An access provider must submit to the Commission for approval a proposed access arrangement in relation to a declared rail transport service provided by the access provider or capable of being provided by the access provider within 60 days of the relevant declaration.
Note:Sub-section (1) is a penalty provision:
See the definition of "penalty provision" in section 38A.
(2)An access provider must include in the proposed access arrangement access arrangement information.
Note:Sub-section (2) is a penalty provision:
See the definition of "penalty provision" in section 38A.
(3)A proposed access arrangement submitted for approval may relate to 2 or more declared rail transport services.
38X.Contents of proposed access arrangements
(1)A proposed access arrangement must—
(a)in relation to every reference service to which the arrangement relates, include—
(i)a description of the service; and
(ii)information as to whether that service is being provided by the access provider to itself or a related body corporate of the access provider; and
(iii)the terms and conditions for the provision of that service; and
(iv)the price, or methodology for the calculation of the price, to be charged in respect of the provision of that service; and
(b)include information in relation to the availability and the indicative terms and conditions, for the provision of declared rail transport services that are not reference services; and
(c)include a description of the information that the access provider will make available to an access seeker; and
(d)set out the procedure for the making of an application by an access seeker for the provision to them of a declared rail transport service; and
(e)describe the procedure and method how the access provider will assess and determine an application for the provision by them of a declared rail transport service; and
(f)specify a date for the expiry of the access arrangement, being a date that is not less than 3 years, and not more than 5 years, after the date on which the access arrangement may be approved by the Commission under this Part in a final decision.
(2)A proposed access arrangement may also include any other matter that the access provider considers relevant.
(3)The price or methodology referred to in sub-section (1)(a)(iv) must be consistent with the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order.
(4)Information referred to in sub-section (1)(c), the procedure referred to in sub-section (1)(d) and the procedure and method referred to in sub-section (1)(e) must be consistent with the negotiation guidelines.
(5)The proposed access arrangement must also be consistent with—
(a)the account keeping rules; and
(b)the ring fencing rules; and
(c)the capacity use rules; and
(d)the network management rules.
38Y.Notification by Commission of submission to it of proposed access arrangement
(1)As soon as practicable after receipt of a proposed access arrangement, the Commission must—
(a)notify, in writing, every interested person of that receipt; and
(b)publish, on the same day, on its website and in a newspaper circulating generally throughout the State, a notice that—
(i)states that a proposed access arrangement has been received by the Commission for approval and the name of the access provider who submitted the proposed access arrangement; and
(ii)specifies how copies of the proposed access arrangement and access arrangement information may be obtained; and
(iii)requests written submissions or comments in relation to the proposed access arrangement on or before the date specified in the notice; and
(iv)contains the prescribed information (if any).
(2)The date specified in a notice under sub-section (1)(b)(iii) must not be a date that is less than 21 days after the date the notice is published.
38Z.Submission and comments in relation to proposed access arrangement
Any person may make a written submission or comment in relation to a proposed access arrangement in accordance with a notice referred to in section 38Y(1)(b).
38ZA.Consideration of submission or comments by Commission
Before making a draft decision, the Commission—
(a)must consider every written submission or comment it receives on or before the date specified in a notice referred to in section 38Y(1)(b); and
(b)may, but need not, consider a written submission or comment it receives after the date specified in a notice referred to in section 38Y(1)(b).
38ZB.Draft decision on whether proposed access arrangement will be approved
(1)The Commission must make a draft decision as to whether it proposes to approve the proposed access arrangement as an access arrangement.
(2)The draft decision must—
(a)be consistent with—
(i)the account keeping rules; and
(ii)the ring fencing rules; and
(iii)the capacity use rules; and
(iv)the network management rules; and
(v)the negotiation guidelines; and
(vi)the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(vii)the principle of passenger priority; and
(b)set out the reasons of the Commission as to whether or not it proposes to approve the proposed access arrangement, including the reasons of the Commission taking into account the matters specified in section 38ZI(a) to (j); and
(c)if the Commission proposes not to approve the proposed access arrangement, specify—
(i)any amendments (or the nature of amendments) that the Commission considers should be made to the proposed access arrangement for the Commission to approve it; and
(ii)any matters that the Commission considers should be addressed for the Commission to approve it.
(3)Without limiting sub-section (2)(c), the Commission may specify amendments to any price, or the methodology for the calculation of any price, set out in the proposed access arrangement in respect of every declared rail transport service to which the proposed access arrangement relates.
(4)Any amendment to a price, or the methodology for the calculation of a price, specified by the Commission must—
(a)be consistent with the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(b)not result in a price in respect of a declared rail transport service or an equivalent declared rail transport service that is higher than the price included in the access provider's internal transfer terms.
(5)As soon as practicable after making a draft decision, the Commission—
(a)must give a copy of the draft decision to—
(i)the access provider who submitted the proposed access arrangement to which the decision relates; and
(ii)every person who made a submission or comment under section 38Z on or before the date specified in the notice referred to in section 38Y(1)(b); and
(b)may give a copy of the draft decision to a person who made a submission or comment after the date specified in the notice referred to in section 38Y(1)(b); and
(c)must publish the draft decision on its website and make it available for inspection at its offices; and
(d)must request, by notice in writing, the persons given a copy of the draft decision in accordance with paragraphs (a) and (b), to make a written submission or comment in relation to the draft decision on or before a date specified in the notice.
(6)The date specified in a notice under sub-section (5)(d) must not be a date that is less than 14 days after the date the draft decision is published and made available in accordance with sub-section (5)(c).
38ZC.Access provider may submit revisions to proposed access arrangement
If, in a draft decision, the Commission proposes not to approve the proposed access arrangement, the access provider who submitted the proposed access arrangement may, within 14 days of being given a copy of the draft decision in accordance with section 38ZB(5)(a)(i), submit to the Commission revisions to the proposed access arrangement that—
(a)incorporate or substantially incorporate—
(i)the amendments specified in the draft decision that the Commission considers should be made for it to approve the proposed access arrangement; or
(ii)amendments that reflect the nature of amendments specified in the draft decision that the Commission considers should be made for it to approve the proposed access arrangement; and
(b)otherwise address the matters specified in the draft decision that the Commission considers should be addressed for it to approve the proposed access arrangement.
38ZD.Submission and comments in relation to draft decision
A person who receives a copy of a draft decision and notice in accordance with section 38ZB(5) may make a written submission or comment in relation to the draft decision on or before the date specified in the notice referred to in that sub-section.
38ZE.Consideration of submissions and comments on draft decision
Before making a final decision, the Commission—
(a)must consider any revisions to a proposed access arrangement made by an access provider in accordance with section 38ZC; and
(b)must consider every written submission or comment it receives on or before the date specified in a notice referred to in section 38ZB(5)(d); and
(c)may, but need not, consider a written submission or comment it receives after the date specified in a notice referred to in section 38ZB(5)(d).
38ZF.Final decision on proposed access arrangement
(1)The Commission must make a final decision whether to approve a proposed access arrangement as an access arrangement.
(2)The Commission must not make a final decision approving a proposed access arrangement as an access arrangement unless it is satisfied the proposed access arrangement—
(a)provides for the matters required by section 38X(1); and
(b)is consistent with—
(i)the account keeping rules; and
(ii)the ring fencing rules; and
(iii)the capacity use rules; and
(iv)the network management rules; and
(v)the negotiation guidelines; and
(vi)the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(vii)the principle of passenger priority.
(3)In making a final decision in relation to a proposed access arrangement in respect of which the access provider has submitted revisions to the proposed access arrangement under section 38ZC, the Commission must also be satisfied that the revisions—
(a)incorporate or substantially incorporate—
(i)the amendments specified in the draft decision that the Commission considers should be made for it to approve the proposed access arrangement; or
(ii)amendments that reflect the nature of amendments specified in the draft decision that the Commission considers should be made for it to approve the proposed access arrangement; and
(b)otherwise address the matters specified in the draft decision that the Commission considers should be addressed for it to approve the proposed access arrangement.
(4)The Commission, in a final decision, must set out the reasons of the Commission as to whether or not it approves the proposed access arrangement, including the reasons of the Commission taking into account the matters specified in section 38ZI.
38ZG.Time within Commission must make a final decision
A final decision must be made within 90 days of receipt of the proposed access arrangement for approval under section 38W.
38ZH.Giving and publishing a final decision
The Commission must, as soon as practicable after making a final decision—
(a)give a copy of the final decision to the access provider and any person who made a submission or comment under section 38Z or 38ZD; and
(b)publish the final decision on its website and make it available for inspection at its offices.
38ZI.Matters to be taken into account in making a final decision
In making a final decision whether to approve a proposed access arrangement as an access arrangement under section 38ZF, the Commission must take into account—
(a)whether the proposed access arrangement is consistent with the objectives referred to in section 38F; and
(b)the access provider's legitimate business interests and investment in the rail network owned or operated by that access provider; and
(c)the costs to the access provider of providing access, including any costs of extending the rail network owned or operated by that access provider but not including costs associated with losses arising from increased competition in upstream or downstream markets; and
(d)the economic value to the access provider of any additional investment that an access seeker or the access provider has agreed to undertake; and
(e)the interests of users; and
(f)existing contractual obligations of the access provider and users of the rail network owned or operated by that access provider; and
(g)the operational and technical requirements necessary for the safe and reliable operation of the rail network owned or operated by the access provider; and
(h)the economically efficient operation of the rail network owned or operated by the access provider; and
(i)the benefit to the public in having competitive markets; and
(j)any other matter that the Commission considers relevant.
Note:The matters specified in paragraphs (b) to (i) are consistent with the matters specified in paragraph (i) of clause 6(4) of the Competition Principles Agreement made on 11 April 1995 between the Commonwealth and all of the States and Territories of the Commonwealth.
38ZJ.Commission to make proposed access arrangement in certain cases
(1)The Commission must make an access arrangement in relation to a declared rail transport service if—
(a)in a final decision the Commission does not approve a relevant proposed access arrangement in relation to that service; or
(b)an access provider does not submit a proposed access arrangement for approval under section 38W in relation to that service; or
(c)an access provider does not submit an application for the renewal of an access arrangement under section 38ZR in relation to that service.
(2)In sub-section (1)(a)—
"relevant proposed access arrangement" means the proposed access arrangement submitted by the access provider for approval under section 38W, or if the proposed access arrangement has been revised in accordance with section 38ZC, that revised proposed access arrangement.
(3)Without limiting sub-section (1), the Commission may, in an access arrangement made under sub-section (1), specify a price, or the methodology for the calculation of prices, in respect of every declared rail transport service to which the access arrangement relates.
(4)A price, or the methodology for the calculation of a price, specified in an access arrangement made under sub-section (1) must—
(a)be consistent with the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(b)not be, or result in, a price in respect of a declared rail transport service or an equivalent declared rail transport service that is higher than the price included in the access provider's internal transfer terms.
(5)An access arrangement made in accordance with sub-section (1) must be made—
(a)in the case of an access arrangement made under sub-section (1)(a), within 30 days of the final decision;
(b)in the case of an access arrangement made under sub-section (1)(b), within 90 days of the day by which the proposed access arrangement should have been submitted for approval under section 38W;
(c)in the case of an access arrangement made under sub-section (1)(c), within 90 days of the day by which an application for the renewal of an access arrangement should have been made in accordance with section 38ZR.
(6)Sections 38ZF to 38ZI apply to the making of an access arrangement made under sub-section (1)—
(a)with such alterations and modifications as are necessary; and
(b)as if that access arrangement were a proposed access arrangement submitted for approval under section 38W.
38ZK.Deemed access arrangement if Commission fails to make a certain access arrangement
If the Commission does not make an access arrangement as required by section 38ZJ(1)(a), the proposed access arrangement submitted by the access provider for approval under section 38W, or if the proposed access arrangement has been revised in accordance with section 38ZC, that revised proposed access arrangement, is deemed to have been approved by the Commission under section 38ZF.
38ZL.Deemed access arrangements may be replaced in certain circumstances
(1)Subject to sub-sections (2) and (3), the Commission may make an access arrangement in relation to a declared rail transport service to which a deemed access arrangement relates.
(2)Subject to sub-section (3), the Commission must obtain the consent of the Minister before making an access arrangement under sub-section (1).
(3)The Commission must obtain the consent of the Minister and make the access arrangement within 6 months after the date a deemed access arrangement commences operation.
(4)Without limiting sub-section (1), the Commission may, in an access arrangement made under this section, specify a price, or the methodology for the calculation of prices, in respect of every declared rail transport service to which the access arrangement relates.
(5)A price, or the methodology for the calculation of a price, specified in an access arrangement made under this section must—
(a)be consistent with the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(b)not be, or result in, a price in respect of a declared rail transport service or an equivalent declared rail transport service that is higher than the price included in the access provider's internal transfer terms.
(6)Sections 38ZF to 38ZI apply to the making of an access arrangement made under this section—
(a)with such alterations and modifications as are necessary; and
(b)as if that access arrangement were a proposed access arrangement submitted for approval under section 38W.
(7)On the commencement of an access arrangement made under this section the deemed access arrangement ceases to have effect.
Note:An access arrangement made under this
section commences on the date it is made: See section 38ZM.
(8)In this section—
"deemed access arrangement" means a proposed access arrangement deemed to be an access arrangement by operation of section 38ZK.
38ZM.Period of operation of access arrangement
(1)An access arrangement commences operation on—
(a)the date it is approved by the Commission in a final decision; or
(b)if the Commission makes an access arrangement under section 38ZJ or 38ZL, the date of the final decision made in respect of that arrangement; or
(c)if the Commission does not make an access arrangement as required by section 38ZJ and a proposed access arrangement is deemed to be an access arrangement by operation of section 38ZK, the date that is 120 days after the date on which that arrangement was submitted for approval under section 38W.
(2)An access arrangement expires on the date specified in the final decision or in the access arrangement (as the case requires).
38ZN.Effect of access arrangement approved under this Division or made by the Commission
An access arrangement is binding on the access provider who provides, or is capable of providing, the declared rail transport service to which the access arrangement relates.
38ZO.Variation of a binding access arrangement on the application of the access provider
(1)An access provider may apply to the Commission for a variation of a binding access arrangement.
(2)An application for a variation must not relate to the date of expiry of a binding access arrangement.
(3)The proposed variation that is the subject of the application must be consistent with—
(a)the account keeping rules; and
(b)the ring fencing rules; and
(c)the capacity use rules; and
(d)the network management rules; and
(e)the negotiation guidelines; and
(f)the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(g)the principle of passenger priority.
(4)An application must—
(a)be in writing; and
(b)include a description of the proposed variation; and
(c)state the reasons for the proposed variation.
(5)Subject to this section, on receipt of an application for a variation of a binding access arrangement, the Commission may decide to vary that arrangement.
(6)If the Commission considers that the variation that is the subject of the application is a material variation, sections 38Y to 38ZI apply to that variation—
(a)with such alterations and modifications as are necessary; and
(b)as if—
(i)the proposed variation to be made were a proposed access arrangement submitted for approval under section 38W; and
(ii)a decision under this section were a final decision.
(7)If the Commission decides to vary a binding access arrangement under this section, the variation takes effect, and is binding on the access provider, on and from the date of the decision.
38ZP.Variation of a binding access arrangement by Commission
(1)Subject to this section, the Commission, on its own initiative, may vary a binding access arrangement.
(2)A proposed variation must not relate to the date of expiry of a binding access arrangement.
(3)A proposed variation must be consistent with—
(a)the account keeping rules; and
(b)the ring fencing rules; and
(c)the capacity use rules; and
(d)the network management rules; and
(e)the negotiation guidelines; and
(f)the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(g)the principle of passenger priority.
(4)On forming its intention to propose a variation to a binding access arrangement, the Commission must, without delay—
(a)notify, in writing, the access provider of its intention to do so; and
(b)give the access provider its reasons, in writing, for the proposed variation.
(5)If the Commission considers that the variation that it is intending to make is a material variation, sections 38Y to 38ZI apply to that variation—
(a)with such alterations and modifications as are necessary; and
(b)as if—
(i)the proposed variation to be made were a proposed access arrangement submitted for approval under section 38W; and
(ii)a decision under this section were a final decision.
(6)If the Commission decides to vary a binding access arrangement under this section, the variation takes effect, and is binding on the access provider, on and from the date of the decision.
38ZQ.Substitution of access provider to a binding access arrangement
(1)If before the expiry of a binding access arrangement—
(a)the access provider will cease to own or operate the rail infrastructure used to provide, or that is capable of providing, a declared rail transport service to which a binding access arrangement relates; and
(b)another access provider (the "new access provider") will own or operate that rail infrastructure—
the new access provider must apply to the Commission for the substitution of them as the access provider to whom the binding access arrangement applies.
(2)An application under sub-section (1) must be—
(a)made at least 21 days before the new access provider owns or operates the rail infrastructure referred to in sub-section (1)(a); and
(b)in writing; and
(c)accompanied by evidence, to the reasonable satisfaction of the Commission, that the new access provider will own or operate the rail infrastructure referred to in sub-section (1)(a) at any time before the expiry of the binding access arrangement.
(3)On receipt of an application under sub-section (1), the Commission may agree to the substitution of the new access provider as the person to whom the binding access arrangement applies.
(4)A substitution takes effect on and from the day the Commission agrees to the substitution and the relevant binding access arrangement must varied accordingly.
38ZR.Renewal of access arrangement
(1)An access provider must, not less than 90 days before the expiry of a binding access arrangement, apply to the Commission for the renewal of that access arrangement.
Note:Sub-section (1) is a penalty provision:
See the definition of "penalty provision" in section 38A.
(2)Sub-section (1) does not apply if the access provider will not be, or be capable of, providing a declared rail transport service to which the binding access arrangement relates after that expiry.
(3)An application must be in writing.
(4)Despite anything to the contrary in a binding access arrangement, or a final decision approving a binding access arrangement, on the making of an application under sub-section (1) the binding access arrangement continues in force until the Commission approves or refuses to approve the renewal of the arrangement.
(5)If following an application under sub-section (1), the Commission approves the access arrangement, it must be taken to have been approved on the day the binding access arrangement was due to expire.
(6)This Division applies to and in relation to—
(a)an application under this section for the renewal of an access arrangement; and
(b)the approval of such an application; and
(c)the access arrangement that is renewed—
as if the application for renewal were a submission of a proposed access arrangement for approval under section 38W and the application has been made by a person other than the access provider.
(7)To avoid doubt, an application for renewal of an access arrangement may include terms and conditions that differ from those contained in the binding access arrangement that is expiring.
38ZS.Appeals from Commission decisions under Division 3
(1)Section 55 of the Essential Services Commission Act 2001 applies to a relevant access arrangement decision as if the decision were a determination made under that Act.
(2)In this section—
"relevant access arrangement decision" means—
(a)a final decision;
(b)a final decision in respect of an access arrangement made under section 38ZJ(1) or 38ZL;
(c)a decision under section 38ZO or section 38ZP;
(d)a decision agreeing or disagreeing to the substitution of an access provider as a party to a binding access arrangement under section 38ZQ;
(e)a final decision in respect of an application for the renewal of an access arrangement under section 38ZR.'.
6.New Division 4 of Part 2A substituted and new Divisions 5 to 9 of Part 2A inserted
For Division 4 of Part 2A of the Rail Corporations Act 1996 substitute—
'Division 4—Interconnection of Railways
38ZT.Interconnection
(1)An access seeker who owns or operates a railway track or railway siding, or intends to own or operate a proposed railway track or railway siding, may, in writing, notify an access provider of its desire to connect that railway track or railway siding, or proposed railway track or railway siding, to the access provider's relevant railway track.
(2)Subject to this section, on receipt of a notification under sub-section (1), the access provider must do all things reasonably necessary to enable the access seeker to connect the railway track or railway siding, or proposed railway track or railway siding, to the access provider's relevant railway track.
(3)The access provider may refuse to connect a railway track or railway siding owned or operated by the access seeker, or a proposed railway track or railway siding, to its relevant railway track unless the access seeker, within the time specified (if any) in the negotiation guidelines—
(a)provides evidence, to the reasonable satisfaction of the access provider, that the access seeker has obtained every relevant statutory approval for the construction of the connection; and
(b)by agreement, in writing, with the access provider agrees—
(i)to pay the access provider's reasonable costs to construct the connection; and
(ii)with any reasonable requirements of the access provider in relation to the construction of the connection.
(4)If the access seeker and access provider cannot agree—
(a)as to the terms and conditions for the connection, including the costs to be paid by the access seeker; or
(b)the nature or content of the construction requirements in relation to the construction of the connection—
either the access seeker or the access provider may, in accordance with the negotiation guidelines, apply to the Commission under Division 5 for a dispute resolution decision.
(5)In this section—
"relevant railway track" means a railway track owned or operated by an access provider with which the access provider provides declared rail transport services;
"relevant statutory approval" means any requirement, licence, permission or consent required by or under an Act in relation to the construction of a connection to a railway track.
Division 5—Dispute Resolution
38ZU.What is an access regime dispute?
(1)An access regime dispute is—
(a)a dispute between an access provider and an access seeker where the access provider and access seeker are unable to agree as to the terms and conditions (including price) for the provision of a declared rail transport service to the access seeker;
(b)a dispute between an access seeker and an access provider in relation to interconnection;
(c)a dispute between an access seeker and an access provider in relation to an extension to rail infrastructure used, or capable of being used, to provide a declared rail transport service.
(2)In addition, if—
(a)an access seeker reasonably believes that the access provider has not complied with—
(i)a binding access arrangement; or
(ii)the negotiation guidelines; or
(iii)the pricing principles; or
(iv)a provision of Division 6—
and, as a result, the access seeker has not been provided a declared rail transport service by the access provider; or
(b)a user reasonably believes that the access provider, in providing a declared rail transport service to them, has not complied with—
(i)a binding access arrangement; or
(ii)the negotiation guidelines; or
(iii)the pricing principles; or
(iv)a provision of Division 6—
that belief is to be taken to give rise to an access regime dispute.
38ZV.Notification of access regime dispute
(1)An access provider, an access seeker or a user may notify the Commission, in writing, of an access regime dispute.
(2)On receiving a notification under sub-section (1), the Commission must notify, in writing, of the access regime dispute—
(a)the access provider, if an access seeker or a user notified the Commission of the access regime dispute under sub-section (1);
(b)the access seeker or user (as the case requires), if the access provider notified the Commission of the access regime dispute under sub-section (1).
(3)The person notifying the Commission of an access regime dispute under sub-section (1) and the persons notified by the Commission under sub-section (2) are the parties to the access regime dispute.
38ZW.Withdrawal of notice of access regime dispute
(1)The person who notified the Commission of an access regime dispute under section 38ZV(1) may withdraw that notification at any time before the Commission makes a dispute resolution decision in respect of that access regime dispute.
(2)The notification must be withdrawn by notice in writing.
(3)If the notification is withdrawn, it is taken for the purposes of this Part never to have been given.
38ZX.Commission must decide on access regime disputes
(1)Subject to this Division, on receipt of a notification under section 38ZV(1), the Commission must make a decision in respect of the access regime dispute.
(2)Without limiting sub-section (1), a dispute resolution decision may—
(a)address or deal with any matter relating to the provision of a declared rail transport service to an access seeker or user who is a party to the dispute, including the terms and conditions for, and price in respect of, the provision of that service;
(b)require an access provider to extend, or to permit the extension of, the rail infrastructure that is used to provide a declared rail transport service.
(3)To avoid doubt, a dispute resolution decision need not require an access provider to provide a declared rail transport service to an access seeker.
(4)Subject to sub-section (5), a dispute resolution decision has effect—
(a)on and from the day it is made; or
(b)if the decision states a day that on and from which it is to have effect, on and from that day.
(5)A dispute resolution decision may have effect from the day on which an access seeker has requested, in accordance with an access arrangement, the access provider to provide to them a declared rail transport service.
(6)A dispute resolution decision is binding on the parties to the access regime dispute to which the decision relates.
(7)A copy of a dispute resolution decision must be given to the parties to the access regime dispute without delay.
38ZY.Time within which Commission must make dispute resolution decision
The Commission must make a dispute resolution decision—
(a)within 45 days of receipt of a notification under section 38ZV(1); or
(b)by the date specified by the Minister under section 38ZZ.
38ZZ.Minister may extend time within which Commission may make decision
(1)The Commission may, at any time before the expiry of the period specified in section 38ZY(a), request, in writing, the Minister for an extension in the time within which it must make a dispute resolution decision.
(2)On receipt of a request under sub-section (1), the Minister may agree to the request.
(3)If the Minister agrees to a request under this section, the Minister must specify the date by which the Commission must make the dispute resolution decision.
(4)The date specified by the Minister must be a date within 6 months of the date on which the Commission received the notification under section 38ZV(1) in respect of the access regime dispute.
38ZZA.Commission may decide not to make dispute resolution decision in certain cases
The Commission may at any time decide not to make a dispute resolution decision (without making such a decision) if the Commission considers that—
(a)the notification under section 38ZV(1) was vexatious;
(b)the subject-matter of the access regime dispute is trivial, misconceived or lacking substance.
38ZZB.Matters to be taken into account in making decision
In making a dispute resolution decision, the Commission—
(a)must take into account—
(i)the objectives referred to in section 38F; and
(ii)the matters or things set out in section 38ZI(b) to (i); and
(iii)information given to it in accordance with Part 4 of the Essential Services Commission Act 2001 where that information has been given to the Commission within the time specified in a written notice under section 37(2) of that Act; and
(b)may take into account any other matter that it considers relevant.
38ZZC.Decisions must not be inconsistent with principles and rules
The Commission must not make a dispute resolution decision that is inconsistent with—
(a)the account keeping rules; and
(b)the ring fencing rules; and
(c)the capacity use rules; and
(d)the network management rules; and
(e)the pricing principles and any methodology for the calculation of prices determined by the Commission under the Pricing Principles Order; and
(f)the principle of passenger priority.
38ZZD.Decisions must not be inconsistent with an access arrangement
(1)The Commission must not make a dispute resolution decision that is inconsistent with a binding access arrangement.
(2)Without limiting sub-section (1), the Commission must not make a dispute resolution decision in respect of an access regime dispute about the terms and conditions for the provision of a declared rail transport service that sets a price for that declared rail transport service or an equivalent declared rail transport service that is higher than the price included in the access provider's internal transfer terms.
38ZZE.Decisions must not interfere with certain directions of the Secretary
The Commission must not, without the written consent of the Secretary, make a dispute resolution decision that interferes with or has the effect of interfering with a direction of the Secretary made under section 115B of the Transport Act 1983.
(2)In addition, the relevant person is deemed to have been validly authorized to do the thing under section 229(1) or 229(1A) during the relevant period.
(3)In this section—
"relevant period" means—
(a)in relation to anything done or that is purported to have been done by a relevant person under section 229(1), the period beginning on 1 July 1983 and ending on 30 June 1989;
Note 1:1 July 1983 is the day on which section 229 came into operation. See section 1(2)(c).
Note 2:30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the Transport (Amendment) Act 1989 (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.
(b)in relation to anything done or that is purported to have been done by a relevant person under section 229(1A), the period beginning on 12 January 1987 and ending on 30 June 1989;
Note 1:12 January 1987 is the day on which section 41(b) of the Transport (Amendment) Act 1986 (No. 100/1986) came into operation. That section inserted section 229(1A).
Note 2:30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the Transport (Amendment) Act 1989 (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.
"relevant person" means—
(a)in relation to anything done or that is purported to have been done under section 229(1), a person whom the MTA or STA purportedly authorized under that section to do the thing under that sub-section during the relevant period;
(b)in relation to anything done or that is purported to have been done under section 229(1A), an officer of the MTA or STA whom the MTA or STA (as the case requires) purportedly authorized under 229(1) to do the thing under section 229(1A) during the relevant period.
246CV.Prosecutorial authorisations by the PTC
(1)Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the PTC, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.
(2)In addition, the relevant person is deemed to have been validly authorised to do the thing under the relevant prosecutorial provision during the relevant period.
(3)In this section—
"relevant period" means—
(a)in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 1 July 1989 and ending on 30 May 2000;
Note 1:1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the Transport (Amendment) Act 1989 (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.
Note 2:30 May 2000 is the day before the day on which section 28(1) of the Transport (Amendment) Act 2000 (No. 30/2000) came into operation. That section removed references to the PTC.
(b)in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 1 July 1989 and ending on 30 May 2000;
Note 1:1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the Transport (Amendment) Act 1989 (No. 44/1989) came into operation. That section substituted new references to the PTC.
Note 2:30 May 2000 is the day before the day on which section 28(2) of the Transport (Amendment) Act 2000 (No. 30/2000) came into operation. That section removed references to the PTC.
(c)in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on 30 May 2000;
Note 1:15 June 1994 is the day on which section 26(1) of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section inserted section 229(1B).
Note 2:30 May 2000 is the day before the day on which section 28(3) of the Transport (Amendment) Act 2000 (No. 30/2000) came into operation. That section removed references to the PTC.
"relevant person" means—
(a)in relation to anything done or that is purported to have been done under section 229(1), a person whom the PTC purportedly authorised under that sub-section to do the thing under that sub-section during the relevant period;
(b)in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 1 July 1989 and ending on 14 June 1994 within the relevant period, a person whom the PTC purportedly authorised under section 229 to do the thing under section 229(1A) during that period;
Note 1:1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the Transport (Amendment) Act 1989 (No. 44/1989) came into operation. That section substituted new references to the PTC.
Note 2:14 June 1994 is the day before the day on which section 26(1) of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section substituted a new section 229(1A).
(c)in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 15 June 1994 and ending on 30 May 2000 within the relevant period, a person whom the PTC purportedly authorised under that sub-section to do the thing under that sub-section during that period;
Note 1:15 June 1994 is the day on which section 26(1) of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section substituted a new section 229(1A).
Note 2:30 May 2000 is the day before the day on which section 28(3) of the Transport (Amendment) Act 2000 (No. 30/2000) came into operation. That section removed references to the PTC.
(d)in relation to anything done or that is purported to have been done under section 229(1B), a person whom the PTC purportedly authorised under that sub-section to do the thing under that section;
"relevant prosecutorial provision" means section 229(1), 229(1A) or 229(1B)(a) as in force from time to time during the relevant period.
246CW.Prosecutorial authorisations by the Secretary
(1)Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the Secretary, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.
(2)In addition, the relevant person is deemed to be, and always have been, validly authorised to do the thing under the relevant prosecutorial provision.
(3)In this section—
"relevant period" means—
(a)in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 15 June 1994 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation;
Note:15 June 1994 is the day on which section 26(1) of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section substituted section 229(1) and empowered the Secretary to authorise persons.
(b)in relation to anything done or that is purported to have been done under section 229(1AA), the period beginning on 24 August 1999 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation;
Note:24 August 1999 is the day on which section 36(1) of the Rail Corporations (Further Amendment) Act 1998 (No. 98/1998) came into operation. That section inserted section 229(1AA).
(c)in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 24 August 1999 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation;
Note:24 August 1999 is the day on which section 30 of the Rail Corporations and Transport Acts (Amendment) Act 1999 (No. 45/1999) came into operation. That section substituted section 229(1A) and empowered the Secretary to authorise persons.
(d)in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation;
Note:15 June 1994 is the day on which section 26(1) of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section inserted section 229(1B).
"relevant prosecutorial provision" means section 229(1), 229(1AA), 229(1A) or 229(1B) as in force from time to time during the relevant period;
"relevant person" means—
(a)in relation to anything done or that is purported to have been done under section 229(1), a person whom the Secretary purportedly authorised under that sub-section to do the thing under that sub-section during the relevant period;
(b)in relation to anything done or that is purported to have been done under section 229(1AA), a person who is employed or engaged by a passenger transport company or a bus company whom the Secretary purportedly authorised under that sub-section to do the thing under that sub-section during the relevant period;
(c)in relation to anything done or that is purported to have been done under section 229(1A), a person whom the Secretary purportedly authorised under that sub-section to do the thing under that sub-section during the relevant period;
(d)in relation to anything done or that is purported to have been done under section 229(1B)(a), a person whom the Secretary purportedly authorised under that section to do the thing under that sub-section during the relevant period.
246CX.Only things done or purported to have been done under a purported authorisation and appointment validated
(1)Despite anything to the contrary in this Division, sections 246CB to 246CR and sections 246CU to 246CW are deemed to only validate things done or purported to have been done by a person under a purported authorisation or appointment—
(a)during the period for which that person was purportedly authorised or appointed under the purported authorisation or appointment; and
(b)that the purported authorisation or appointment purported to authorise to be done.
(2)In this section, "purported authorisation or appointment" means an authorisation or appointment referred to in sections 246CB to 246CR and sections 246CU to 246CW.
246CY.Evidence
(1)Every relevant person who, during the relevant period, was purported to be authorised under section 230(4) (as in force from time to time) by a relevant authority to sign a notice, statement, certificate or other document, is deemed to be, and always to have been, validly authorised by the relevant authority to sign that notice, statement, certificate or other document.
(2)In this section—
"relevant authority" means—
(a)in relation to an officer of the MTA or STA, the Managing Director of that Authority;
(b)in relation to an officer of the PTC, the Chief Executive of the PTC;
(c)in the case of an officer of the Department, the Secretary;
(d)in the case of a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation, the chief executive of the passenger transport company, bus company, or rail corporation (as the case requires);
"relevant period" means the period beginning on 1 July 1983 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation;
Note :1 July 1983 is the day on which section 230 came into operation. See section 1(2)(c).
"relevant person" means—
(a)an officer of the MTA or STA;
(b)an officer of the PTC;
(c)an officer of the Department;
(d)a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation.
246CZ.Delegations generally in relation to authorisations
(1)Every exercise or purported exercise of a power of authorisation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 1 July 1983 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the relevant authority.
(2)In sub-section (1)—
"power of authorisation" means a power conferred under a relevant authorisation provision to, as the case requires—
(a)appoint or authorise a person or an officer of the MTA, STA or PTC to be an authorised officer or authorized person under that provision; or
(b)give an authorisation under that provision;
"relevant authorisation provision" means—
(a)section 211(1), 212(2), 218(1), 218B(1), 219(1A), (2), (4) or (7), 219A(2), 219AA(1), 220(1) or 221(1)(c);
(b)221A, 221AB, 221C(1) or 221H;
"relevant authority" means—
(a)in the case of section 211(1) (as in force during the relevant periods as defined in sections 246CC(6) and 246CD(3)), the Chief Executive of the PTC, the PTC or the Secretary;
(b)in the case of section 212(2) (as in force during the relevant periods as defined in sections 246CB(3) and 246CC(3)), the Managing Director of the MTA or STA or the Chief Executive of the PTC;
(c)in the case of section 218(1) (as in force during the relevant periods as defined in sections 246CE(3) and 246CF(3)), the Managing Director of the MTA, the Managing Director of the STA, the MTA, STA or the PTC;
(d)in the case of section 218B(1) (as in force during the relevant periods as defined in section 246CG(3) and 246CH(3)), the PTC or the Secretary;
(e)in the case of section 219(2), (4) or (7) (as in force during the relevant periods as defined in section 246CI(3), 246CJ(3) and (6)), the MTA, STA or PTC;
(f)in the case of section 219A(2) (as in force during the relevant period as defined in section 246CK(3)), the PTC;
(g)in the case of section 219(1A) (as in force during the relevant period as defined in section 246CL(3)), the Secretary;
(h)in the case of section 219AA(1) (as in force during the relevant period as defined in section 246CM(3)), the Secretary;
(i)in the case of section 220(1) (as in force during the relevant period as defined in section 246CN(3)), the Secretary;
(j)in the case of section 221(1)(c) (as in force during the relevant periods as defined in sections 246CO(3), 246CP(3) and 246CQ(3) and (6)), the MTA, STA, PTC or the Secretary;
(k)in the case of sections 221A, 221AB, 221C(1) and 221H (as in force from time to time), the Secretary;
"relevant delegation provision" means section 6B or section 32(1A), (2), (3) or (3A) (as in force from time to time during the relevant period).
246CZA.Delegations generally in relation to accreditations
(1)Every exercise or purported exercise of a power of accreditation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 24 August 1999 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the Secretary.
(2)In sub-section (1)—
"power of accreditation" means a power conferred under a relevant accreditation provision;
"relevant accreditation provision" means a provision of Division 4A of Part VII which confers a function or power on the Secretary;
"relevant delegation provision" means section 6B or 32(1A).
246CZB.Incorrect delegations purportedly under section 6B
(1)Every instrument of delegation executed by the Secretary under section 6B during the relevant period delegating or purportedly delegating the Secretary's—
(a)power of authorisation under a relevant authorisation provision; or
(b)power of accreditation under a relevant accreditation provision—
that would have been a valid and lawful instrument had that instrument been executed under section 32(1A) has and is deemed always to have had the same force and effect as it would have had if that instrument had been validly and lawfully executed under section 32(1A).
(2)In this section—
"relevant accreditation provision" means a provision of Division 4A of Part VII which confers a function or power on the Secretary;
"relevant authorisation provision" means any of the following provisions as in force during the relevant period—
(a)section 211(1), 218(1), 219(1A)(b), 219(2), (4), (7), 219A(2), 219AA(1), 220(1), 221(1)(c) or 221C(1);
(b)section 221A, 221AB or 221H;
"relevant period" means the period beginning on 1 September 1994 and ending on the day section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation.
Note:1 September 1994 is the day on which section 6 of the Transport (Further Amendment) Act 1994 (No. 60/1994) came into operation. That section inserted section 6B.
246CZC.No proceedings may be brought
(1)Proceedings (whether criminal or civil) and including proceedings—
(a)seeking damages or compensation; or
(b)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or
(c)seeking a writ of habeas corpus; or
(d)seeking any order under the Administrative Law Act 1978—
may not be brought in respect of any matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done.
(2)Despite sub-section (1), a criminal proceeding may be brought that relies on a matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done.
246CZD.Preservation of rights only in certain proceedings
(1)Subject to sub-section (2), this Division affects the rights of parties in any proceeding (whether criminal or civil) commenced, and not finally disposed of, before the day on which section 15 of the Transport Legislation (Further Amendment) Act 2005 comes into operation.
(2)Nothing in this Division is to be taken to—
(a)affect the rights of the parties in the proceeding known as Arachichi v Clark heard and determined in the Magistrates' Court at Melbourne on 14 February 2005; or
(b)the rights of the parties in the proceeding known as Clark v National Express Group Australia (Swanston Trams) Pty Ltd (ABN 25 087 494 997) (CI 03 70091 of 2003) in the County Court.'.
16.Constitution Act 1975—amendment of section 85
After section 85(13) of the Constitution Act 1975 insert—
"(14)Section 246CZC of the Transport Act 1983 (as inserted by section 15 of the Transport Legislation (Further Amendment) Act 2005) alters or varies this section and has effect as a direct amendment of this section.".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 5 May 2005
Legislative Council: 24 May 2005
The long title for the Bill for this Act was "to amend the Rail Corporations Act 1996, the Constitution Act 1975 and the Transport Act 1983 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 5 May 2005
Legislative Council: 24 May 2005
Absolute majorities:
Legislative Assembly: 19 May 2005, 25 May 2005
Legislative Council: 25 May 2005
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