(1) A rail infrastructure owner may give written undertakings from time to
time to the Australian Competition and Consumer Commission, in connection with
the provision of access to that part of the NSW rail network vested in or
owned by or managed or controlled by the owner, under section 44ZZA of the
Competition and Consumer Act 2010 of the Commonwealth.
(2) Any such
undertaking is not to be given, and (once given) is not to be withdrawn or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.
(3) Clauses 2, 3 and 4 of Schedule 6AA apply to any such
undertaking in the same way as they apply to an access undertaking referred to
in clause 1 of that Schedule.
(4) In exercising its functions, a rail
authority or ARTC must act in accordance with the current
NSW rail access undertaking.
(5) Schedule 6AA (Access undertakings) has
effect.
(6) Subsection (2) and clause 2 of Schedule 6AA do not apply to
undertakings given, or taken to have been given, by ARTC.
