Northern Territory Consolidated Acts

AUSTRALASIA RAILWAY (THIRD PARTY ACCESS) ACT

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement
   2.      Definition
   3.      Application of Access Code
   4.      Crown to be bound
   5.      Non-application of Commercial Arbitration Act
   6.      Interpretation Act provisions to apply to certain instruments under Code
   7.      Minister to cause copies of regulator's reports to be tabled in Legislative Assembly
   8.      Modification of Code
           SCHEDULE

   PART 1 - PRELIMINARY

           Division 1 - General
           1. Title
           2. Application of Code
           3. Interpretation
           4. Joint ventures

           Division 2 - The Regulator
           5. The regulator
           6. Powers and functions of regulator
           7. Regulator to report to Ministers

   8.      Public consultation

   PART 2 - ACCESS TO RAILWAY INFRASTRUCTURE SERVICES

           Division 1 - Negotiation of access

   9.      Obligation of access provider to provide information about access
   10.     Access proposal
   11.     Duty to negotiate in good faith
   12.     Limitation on access provider's right to contract to provide access
   12A.    Protection of confidential information
   12B.    Referral of issues to regulator

           Division 2 - Access disputes and requests for arbitration

   13.     Access disputes
   14.     Request for reference of dispute to arbitration

           Division 3 - Conciliation and reference to arbitration

   15.     Conciliation and reference to arbitration
   16.     Arbitrator to be qualified

           Division 4 - Arbitration of access disputes

   17.     Parties to arbitration
   18.     Manner in which decisions made
   19.     Award by arbitrator
   20.     Restrictions on access awards
   21.     Matters arbitrator must take into account
   22.     Arbitrator may terminate arbitration in certain cases

           Division 5 - Pricing principles on an arbitration

   23.     Arbritrated prices for access relating to passenger or freight services
   24.     [Repealed]

           Division 6 - Procedure in arbitration

   25.     Hearing to be in private
   26.     Right to representation
   27.     Procedure of arbitrator
   28.     Particular powers of arbitrator
   29.     Power to take evidence on oath or affirmation
   30.     Failing to attend as witness
   31.     Failing to answer questions etc.
   32.     Intimidation etc.
   33.     Party may request arbitrator to treat material as confidential
   34.     Costs of arbitration

           Division 7 - Effect of awards

   35.     Operation of award

           Division 8 - Variation or revocation of awards

   36.     Variation or revocation of award

           Division 9 - Appeals

   37.     Appeal to Supreme Court on question of law

   PART 3 - HINDERING ACCESS TO RAILWAY INFRASTRUCTURE SERVICES

   38.     Prohibition on hindering access to railway infrastructure service

   PART 4 - MONITORING POWERS

   39.     Regulator's power to obtain information
   40.     Confidentiality
   41.     Duty to report to Ministers

   PART 5 - ENFORCEMENT

   42.     Injunctive remedies
   43.     Compensation
   44.     Enforcement of arbitrator's requirements
   45.     Access contracts specifically enforceable

   PART 6 - MISCELLANEOUS

   45A.    Power to vary guidelines
   46.     Segregation of access provider's accounts and records
   47.     Removal and replacement of arbitrator
   48.     [Expired] (See back note 4)
   49.     Prescribing of matters for purpose of Code
   50.     Review of Code
           SCHEDULE