Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 21

21. (1) The rates of charges for any service provided by the Commission shall
be such as the Commission, subject to this section and to sub-sections 18 (1),
19 (3) and 55 (3), fixes for the services.

(2) The Commission shall, as soon as practicable after the commencement of
this Act -

   (a)  determine, by instrument in writing, the principles in accordance with
which it proposes to fix rates of charges for prescribed services; and

   (b)  inform the Minister, by notice in writing, of the principles that it
        has
so
determined.

(3) The Minister may, before the expiration of the period of 60 days after
receipt by him of the notice referred to in paragraph (2) (b) -

   (a)  determine, by instrument in writing, the principles in accordance with
        which the Commission is to fix rates of charges for a prescribed
        service or for the prescribed services included in a class of
        prescribed services; and

   (b)  inform the Commission, by notice in writing, of the principles so
        determined and the reasons for the determination.

(4) Where the Commission proposes to make an alteration to the principles in
accordance with which it fixes rates of charges for a prescribed service or
for the prescribed services included in a class of prescribed services, the
Commission shall inform the Minister, by notice in writing, of the proposed
alteration.

(5) Where the Minister receives a notice under sub-section (4) of a proposed
alteration to the principles in accordance with which the Commission fixes
rates of charges for a prescribed service or for the prescribed services
included in a class of prescribed services, the Minister may, before the
expiration of 60 days after receipt by him of the notice, by instrument in
writing -

   (a)  approve the proposed alteration to those principles;

   (b)  determine an alteration to those principles that is different from the
alteration proposed in the notice; or

   (c)  refuse to agree to any alteration to those principles, and inform the
        Commission, by notice in writing, of the approval, determination or
        refusal, as the case may be.

(6) If the Minister does not, before the expiration of 60 days after the
receipt by him of a notice under sub-section (4) proposing an alteration to
the principles in accordance with which the Commission fixes rates of charges
for a prescribed service or for the prescribed services included in a class of
prescribed services -

   (a)  approve the alteration proposed in the notice;

   (b)  determine an alteration to the principles that is different from the
alteration proposed in the notice; or

   (c)  refuse to agree to any alteration to the principles, and inform the
        Commission as mentioned in sub-section (5), he shall be deemed to
        have, at the expiration of that period, approved, under sub-section
        (5), the alteration proposed in the notice.

(7) The Commission shall not fix a rate of charge for a prescribed service
otherwise than -

   (a)  if the Commission has determined principles under sub-section (2) in
        relation to the prescribed service, the Minister has not determined
        principles under sub-section (3) in relation to the prescribed service
        and no alteration to the principles determined by the Commission has
        been approved or determined under sub-section (5) in relation to the
        prescribed service - in accordance with the principles so determined
        by the Commission;

   (b)  if the Minister has determined principles under sub-section (3) in
        relation to the prescribed service and no alteration to those
        principles has been approved or determined under sub-section (5) - in
        accordance with the principles so determined by the Minister; or

   (c)  if any principles are applicable in relation to the prescribed service
        by virtue of a determination under sub-section (2) or (3) and an
        alteration has or alterations have been approved or determined under
        sub-section (5) to those principles - in accordance with those
        principles as so altered by the alteration or alterations.

(8) A reference in this section to a prescribed service is a reference to a
service for the carriage of passengers or goods.