Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 38A

Definitions

38A. Definitions

In this Part- access activity means any of the following activities carried
out by an access provider-

   (a)  the management or maintenance of, or investment in, rail
        infrastructure used in the provision of declared rail transport
        services;

   (b)  negotiation or management of agreements for the provision of declared
        rail transport services;

   (c)  the assessment, allocation and management of capacity;

   (d)  the provision, scheduling and management of train control services;

   (e)  an activity that is incidental to an activity referred to in
        paragraphs (a) to (d); access arrangement means-

   (a)  an access arrangement approved in a final decision under section 38ZF;
        or

   (b)  an access arrangement made under section 38ZJ or 38ZL; or

   (c)  a proposed access arrangement deemed to be an access arrangement by
        operation of section 38ZK; access arrangement information means
        information that an access seeker would reasonably require to
        understand the derivation of the elements of the access arrangement so
        as to form an opinion as to whether the access arrangement complies
        with this Part; access provider means any of the following persons if
        they provide, or are capable of providing, a declared rail transport
        service-

   (a)  a rail infrastructure manager who is accredited under Part 5 of the
        Rail Safety Act 2006 in respect of rail infrastructure operations the
        manager carries out;

   (b)  a rail infrastructure manager who is exempted under section 63 of the
        Rail Safety Act 2006, or regulations made under that Act, from the
        requirement to be accredited under that Act in respect of rail
        infrastructure operations the manager carries out;

   (c)  the Southern Cross Station Authority;

   (d)  the Crown;

   (e)  a related body corporate of a person referred to in paragraphs (a) to
        (c);

   (f)  any other person declared by Order in Council under section 38D to be
        an access provider; access regime dispute means-

   (a)  a dispute described in section 38ZU(1); or

   (b)  a belief of an access seeker or a user of the kind described in
        section 38ZU(2) that is taken to give rise to an access regime dispute
        by operation of that subsection; access seeker means a person seeking
        to be provided a declared rail transport service by an access provider
        or seeking interconnection; account keeping rules means the rules made
        under section 38R; binding access arrangement, in relation to an
        access provider, means an access arrangement with which the access
        provider is, under this Part, bound to comply; capacity, in relation
        to a rail network, means the capability of the rail network, when
        used, to provide declared rail transport services;

capacity use rules means the rules made under section 38T; declared rail
transport service means a rail transport service declared by an Order under
section 38I; dispute resolution decision means a decision of the Commission
under section 38ZX(1); draft decision means a decision of the Commission made
under section 38ZB; final decision means a decision of the Commission made
under section 38ZF; interconnection means the connection of an access seeker's
railway track or railway siding to an access provider's relevant railway track
as provided for by section 38ZT; interested person means a person whom the
Commission considers has a sufficient interest in the approval of a proposed
access arrangement; internal transfer terms means the terms and conditions
upon which, including prices, an access provider provides a declared rail
transport service to itself or a related body corporate; negotiation
guidelines means the guidelines made under section 38V; network management
rules means the rules made under section 38U; operate has the meaning given to
it by section 38G;

penalty provision means section 38W(1), 38W(2), 38ZR(1), 38ZZK(2), 38ZZK(4),
38ZZM(3), 38ZZS, 38ZZT, 38ZZU(a) and (b), 38ZZV, 38ZZW, 38ZZX, 38ZZY(1),
38ZZZ(1), 38ZZZ(4), 38ZZZA(1), 38ZZZA(4) or 38ZZZB(3); pricing principles
means the principles specified in the Pricing Principles Order; Pricing
Principles Order means the Order made under section 38J; principle of
passenger priority has the meaning given to it by section 38H; proposed access
arrangement means an access arrangement submitted to the Commission for
approval under section 38W; rail infrastructure manager has the same meaning
as in the Rail Safety Act 2006;

rail infrastructure operations has the same meaning as in the
Rail Safety Act 2006;

rail network means the rail infrastructure used to provide declared rail
transport services; rail transport service means-

   (a)  a service provided, or that may be provided, to a user or an access
        seeker by an access provider, or by an access provider to itself or to
        a related body corporate, by means of rail infrastructure or tram
        infrastructure owned or operated by that access provider that enables
        the user, access seeker, that access provider, or a related body
        corporate of that access provider, to provide freight services,
        passenger services or other transport services, and includes-

   (i)  the service of allowing a user to use rail infrastructure or tram
        infrastructure (as the case requires);

   (ii) the service of assessing the capacity of a rail network owned or
        operated by the access provider;

   (iii) the service of allocating the capacity of a rail network owned or
        operated by the access provider;

   (iv) the service of allocating train paths;

   (v)  the service of planning train services;

   (vi) the service of scheduling train services;

   (vii) the service of managing and controlling train services, including
        train traffic management;

   (viii) the service of managing and controlling a rail network owned or
        operated by the access provider;

   (ix) the service of maintaining a rail network owned or operated by the
        access provider;

   (x)  the service of extending, enhancing or expanding a rail network owned
        or operated by the access provider;

   (b)  a service provided, or that may be provided, by an access provider
        for, or associated with, the connection of railway track or tramway
        track owned or operated by another person to railway track or tramway
        track owned or operated by that access provider;

   (c)  any service that is ancillary to a service referred to in paragraph
        (a) or (b); reference service means a declared rail transport service
        that-

   (a)  is provided by an access provider to itself or a related body
        corporate; or

   (b)  is likely to represent a significant proportion of demand by access
        seekers for declared rail transport services; or

   (c)  is provided by means of a terminal; relevant capacity allocation
        activity means-

   (a)  assessing the capacity of a rail network;

   (b)  allocating the capacity of a rail network;

   (c)  allocating train paths;

   (d)  any activity that is ancillary to an activity referred to in paragraph
        (a) to (c);



relevant rail network management activity means-

   (a)  scheduling and planning train services;

   (b)  an activity carried out for the provision of train control services,
        including train traffic management;

   (c)  the management of the interaction of rail infrastructure and rolling
        stock;

   (d)  the management of incidents that affect or may affect the operation or
        safe operation of a rail network;

   (e)  any activity that is ancillary to an activity referred to in
        paragraphs (a) to (d); ring fencing rules means the rules made under
        section 38S; train control services means services involving the
        giving of directions or the granting of permission to operate rolling
        stock on a rail network consistent with the safe and efficient
        operation of that rolling stock and that rail network; train path
        means a right (whether arising under an agreement or otherwise) to
        operate rolling stock between particular locations on a railway at
        particular times; user means a person who-

   (a)  is a party to an agreement under which they acquire a declared rail
        transport service; or

   (b)  has a right to be provided a declared rail transport service under a
        dispute resolution decision.