RAILWAYS (OPERATIONS AND ACCESS) ACT 1997
Table of Provisions
PART 1--Preliminary
Division 1--Formal provisions
Division 2--Objects
Division 3--Interpretation
- 4 Interpretation
- 5 Joint ventures
Division 4--Application of this Act
- 6 Application to railways
- 7 Application of access regime
- 7A Review and expiry of access regime
Division 5--Crown to be bound
Division 6--Regulator
- 9 Regulator
- 9A Regulator to report to Minister
PART 2--Construction and operation of railways
Division 1--Acquisition of land
Division 2--Fixed railway infrastructure
- 11 Fixed infrastructure may be dealt with as personal property
Division 3--Operations over roads
- 12 Rights in relation to roads
- 13 Maintenance
- 13A Power to close roads temporarily
- 13B Immunity
Division 4--Reports
Division 5--Rail corridors
- 15 Rail corridor need not be fenced
- 16 Exemption from rates and taxes
Division 6--Exclusion of law of common carriers
- 17 Industry participant not to be common carrier
Division 7--Liquor and gambling
- 18 Ministerial authorisation to sell liquor
- 19 Ministerial authorisation to provide gambling facilities
Division 8--By-laws
PART 3--Conduct of operator's business
Division 1--General rules for conduct of business
- 22 Segregation of accounts and records
- 23 Unfair discrimination
- 24 Preventing or hindering access to railway services
- 25 Report to Minister
Division 2--Appointment of administrator
- 26 Appointment of administrator
PART 4--Pricing principles and information relevant to access
Division 1--Pricing principles
Division 2--Information about access
- 28 Information brochure
- 29 Operator's obligation to provide information about access
- 30 Information to be provided on non-discriminatory basis
PART 5--Negotiation of access
- 31 Access proposal
- 32 Duty to negotiate in good faith
- 33 Limitation on operator's right to contract to provide access
PART 5A--Confidential information
- 33A Confidential information
PART 6--Arbitration of access disputes
Division 1--Access disputes and requests for arbitration
- 34 Access dispute
- 35 Request for reference of dispute to arbitration
Division 2--Conciliation and reference to arbitration
- 36 Conciliation and reference to arbitration
- 37 Appointment of arbitrator
Division 3--Principles of arbitration
- 38 Principles to be taken into account
Division 4--Parties to arbitration
- 39 Parties to arbitration
- 40 Representation
- 41 Minister's right to participate
Division 5--Conduct of arbitration proceedings
- 42 Arbitrator's duty to act expeditiously
- 43 Hearing to be in private
- 44 Procedure on arbitration
- 45 Procedural powers of arbitrator
- 46 Giving of relevant documents to the arbitrator
- 47 Power to obtain information and documents
- 48 Confidentiality of information
Division 6--Early termination of arbitration
- 49 Termination of arbitration in cases of triviality etc
- 50 Proponent's right to terminate arbitration
Division 7--Awards
- 50A Time limit for arbitration
- 51 Awards
- 52 Restrictions on awards
- 53 Consent awards
Division 8--Withdrawal from award
- 54 Proponent's option to withdraw from award
Division 9--Variation or revocation of awards
- 55 Variation or revocation of award
Division 10--Miscellaneous
- 56 Appeal on question of law
- 57 Costs
- 58 Removal and replacement of arbitrator
- 59 Non-application of Commercial Arbitration Act 1986
PART 7--Monitoring powers
- 60 Regulator's power to monitor costs
- 61 Copies of access contracts to be supplied to regulator
- 62 Operator's duty to supply information and documents
- 63 Confidentiality
- 64 Duty to report to the Minister
PART 8--Enforcement of this Act
- 65 Injunctive remedies
- 66 Compensation
- 67 Enforcement of arbitrator's requirements
PART 9--Regulations and proclamations
- 68 Regulations and proclamations