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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Administration Amendment
(Rail Access) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Transport Administration Act 1988 No 109 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Transport Administration Amendment
(Rail Access) Bill 2001
Act No , 2001
An Act to amend the Transport Administration Act 1988 with respect to third party
access to the NSW rail network; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Transport Administration Amendment (Rail Access) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Transport Administration Amendment (Rail Access)
Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Transport Administration Act 1988 No 109
The Transport Administration Act 1988 is amended as set out in
Schedule 1.
Page 2
Transport Administration Amendment (Rail Access) Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in appropriate order in section 3 (1):
RIC access undertaking means:
(a) if an undertaking referred to in section 19E (4) (c) is in
force under section 44ZZA of the Trade Practices
Act 1974 of the Commonwealth, that undertaking, or
(b) in any other case, an access undertaking in force under
Schedule 6AA.
[2] Section 19A Definitions
Omit "Schedule 6A" from section 19A (1).
Insert instead "Schedules 6A and 6AA".
[3] Section 19A (1), definition of "rail infrastructure facilities"
Insert ", subject to subsection (3)" after "rail infrastructure facilities".
[4] Section 19A (1), definition of "rail infrastructure facilities"
Omit "(subject to section 19B (2))," from paragraph (a).
[5] Section 19A (3)
Insert after section 19A (2):
(3) The Minister may, by order in writing, direct that specified
facilities that are vested in or owned by Rail Infrastructure
Corporation are to be treated as rail infrastructure facilities for
the purposes of this Act.
[6] Section 19B Meaning of "NSW Rail Access Regime"
Omit the section.
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Transport Administration Amendment (Rail Access) Bill 2001
Schedule 1 Amendments
[7] Section 19D Objectives of RIC
Omit "the NSW Rail Access Regime" from section 19D (2) (a).
Insert instead "the current RIC access undertaking".
[8] Section 19E Functions of RIC
Omit "the NSW Rail Access Regime" from section 19E (2) (b).
Insert instead "the current RIC access undertaking".
[9] Section 19E (4) (c)
Insert at the end of section 19E (4) (b):
, and
(c) give written undertakings from time to time to the
Australian Competition and Consumer Commission in
connection with the provision of access to the NSW rail
network under section 44ZZA of the Trade Practices
Act 1974 of the Commonwealth.
[10] Section 19E (4A) and (4B)
Insert after section 19E (4):
(4A) Clauses 2, 3 and 4 of Schedule 6AA apply to an undertaking
referred to in subsection (4) (c) in the same way as they apply
to an access undertaking referred to in clause 1 of that
Schedule.
(4B) An undertaking referred to in subsection (4) (c) is not to be
given, and (once given) is not to be withdrawn or varied,
except with the approval of the Minister given with the
concurrence of the Premier.
Note. Section 44ZZA (7) of the Trade Practices Act 1974 of the
Commonwealth further provides that an access undertaking cannot be
withdrawn or varied except with the consent of the Australian Competition
and Consumer Commission.
[11] Section 19E (5)
Omit "the NSW Rail Access Regime".
Insert instead "the current RIC access undertaking".
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Transport Administration Amendment (Rail Access) Bill 2001
Amendments Schedule 1
[12] Section 19E (7)
Omit "subsection (5A)". Insert instead "subsections (4B) and (5A)".
[13] Section 19FB Network control
Omit "the NSW Rail Access Regime" from section 19FB (5) (b).
Insert instead "the current RIC access undertaking".
[14] Section 19FC
Insert after section 19FB:
19FC RIC access undertakings
Schedule 6AA (RIC access undertakings) has effect.
[15] Section 45C Functions of Council
Omit "the NSW Rail Access Regime referred to in section 19B" from
section 45C (2) (c).
Insert instead "the current RIC access undertaking".
[16] Schedule 6A Powers of RIC relating to rail infrastructure facilities and
land
Omit "the NSW Rail Access Regime" from clause 2 (3).
Insert instead "the current RIC access undertaking".
[17] Schedule 6A, clause 5 (3)
Insert "or the current RIC access undertaking" after "the NSW Rail Access
Regime".
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Transport Administration Amendment (Rail Access) Bill 2001
Schedule 1 Amendments
[18] Schedule 6AA
Insert after Schedule 6A:
Schedule 6AA RIC access undertakings
(Section 19FC)
1 Preparation of access undertaking
(1) Rail Infrastructure Corporation may from time to time prepare:
(a) an access undertaking, or
(b) a variation of an existing access undertaking,
for the purpose of implementing the Competition Principles
Agreement in respect of third party access to the NSW rail
network by the national rail track corporation, by rail operators
and by access purchasers.
(2) Before completing its preparation of an access undertaking or
variation, Rail Infrastructure Corporation:
(a) must cause a copy of the proposed undertaking or
variation to be made available for public inspection, and
posted on its Internet website, for at least 30 days, and
(b) must cause notice of the proposed undertaking or
variation:
(i) containing details of the places (including the
address of the relevant Internet website) where
it can be inspected, and
(ii) stating that public submissions may be made in
relation to it during that period,
to be published in a daily newspaper circulating
throughout New South Wales, and
(c) must take into consideration any submissions made in
relation to the proposed undertaking or variation during
that period.
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Transport Administration Amendment (Rail Access) Bill 2001
Amendments Schedule 1
(3) Subclause (2) does not apply if the access undertaking or
variation (or a substantially similar access undertaking or
variation):
(a) has been submitted to the Australian Competition and
Consumer Commission under section 44ZZA of the
Trade Practices Act 1974 of the Commonwealth, and
(b) has been withdrawn without having been accepted
under that section, and
(c) prior to its being withdrawn, has been subject to a
public consultation process under section 44ZZA (4) of
that Act.
(4) In this clause, Competition Principles Agreement means the
Competition Principles Agreement made on 11 April 1995 by
the Commonwealth, the Territories and the States, as in force
for the time being.
2 Access undertaking to apply Part 4A of IPART Act 1992
(1) An access undertaking must make provision with respect to the
application of Part 4A of the Independent Pricing and
Regulatory Tribunal Act 1992 to a dispute with respect to third
party access to the NSW rail network:
(a) by the national rail track corporation, or
(b) by persons in their capacities as rail operators or access
purchasers.
(2) In any arbitration of such a dispute, the arbitrator:
(a) must give effect to the access undertaking, and
(b) must take into account (in addition to the matters
referred to in section 24B (3) of the Independent Pricing
and Regulatory Tribunal Act 1992) the desirability of
ensuring priority and certainty of access for passenger
services.
3 Access undertaking may make provision for intending access
purchasers
(1) An access undertaking may make provision for persons:
(a) who intend to be access purchasers, and
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Transport Administration Amendment (Rail Access) Bill 2001
Schedule 1 Amendments
(b) who, in the opinion of Rail Infrastructure Corporation,
have the capacity to secure and properly manage the
services of a rail operator,
to enter into negotiations in respect of third party access to the
NSW rail network.
(2) Such a person may be provided with access under an
undertaking even if the person is not an access purchaser, on
the condition that the person becomes an access purchaser prior
to the operation or movement of rolling stock pursuant to such
access.
4 Access undertaking may confer or impose functions on IPART
An access undertaking may confer or impose functions on the
Independent Pricing and Regulatory Tribunal in connection
with the undertaking.
5 Access undertaking to be submitted for Minister's approval
(1) An access undertaking or variation prepared under this
Schedule must be submitted for the Minister's approval,
together with:
(a) a summary of the submissions made in relation to the
proposed undertaking or variation, whether under
clause 1 of this Schedule or under section 44ZZA of the
Trade Practices Act 1974 of the Commonwealth, and
(b) Rail Infrastructure Corporation's comments on those
submissions.
(2) When considering the access undertaking or variation, the
Minister is to take into consideration all of the public benefits
arising from the undertaking or variation (including those that
do not have a direct commercial value).
(3) An approval under this clause is not to be given except with
the concurrence of the Premier.
6 Commencement of access undertaking or variation
(1) An access undertaking or variation takes effect:
(a) on the day on which notice of the Minister's approval of
the undertaking or variation is published in the Gazette,
or
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Transport Administration Amendment (Rail Access) Bill 2001
Amendments Schedule 1
(b) on such later day as may be specified in the notice.
(2) As soon as practicable after the relevant notice is published in
the Gazette, Rail Infrastructure Corporation must ensure that:
(a) the terms of the access undertaking or variation are
published on its website on the Internet, and
(b) copies of the access undertaking or variation are made
available for inspection and purchase at each of its
offices.
7 Existing access agreements unaffected
The commencement of an access undertaking or variation
under this Schedule does not affect any access agreements in
relation to the NSW rail network that have been entered into
between Rail Infrastructure Corporation and any other person
before that commencement.
8 Rail Safety Act 1993 unaffected
Nothing in this Schedule affects the operation of the Rail Safety
Act 1993.
9 Definition
In this Schedule, national rail track corporation means:
(a) subject to paragraph (b), Australian Rail Track
Corporation Limited (ACN 081 455 754), or
(b) if some other corporation is prescribed by the
regulations for the purposes of this definition (being a
corporation established under an agreement between the
Commonwealth, the Territories and the States with
respect to the provision of interstate access to
Australian rail networks), that other corporation.
[19] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Transport Administration Amendment (Rail Access) Act 2001
Page 9
Transport Administration Amendment (Rail Access) Bill 2001
Schedule 1 Amendments
[20] Schedule 7, new Part
Insert at the end of Schedule 7, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Transport Administration Amendment (Rail
Access) Act 2001
Definition
In this Part, the 2001 amending Act means the Transport
Administration Amendment (Rail Access) Act 2001.
NSW Rail Access Regime
The NSW Rail Access Regime in force under section 19B (as
in force immediately before the repeal of that section by the
2001 amending Act) continues to have effect for the purposes
of this Act as if it were an access undertaking in force under
Schedule 6AA, and may be varied accordingly, until a new
access undertaking takes effect under:
(a) section 44ZZA of the Trade Practices Act 1974 of the
Commonwealth, or
(b) Schedule 6AA to this Act,
as the case may be.
Directions under former section 19B
Any order that, immediately before the commencement of
section 19A (3), was in force under section 19B (2) is taken is
to have been made under section 19A (3).
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