Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 5

Meaning of control

5. Meaning of control

A person controls rail infrastructure if the person-

   (a)  owns the rail infrastructure and uses that infrastructure to-

   (i)  operate rolling stock on a railway forming part of that
        infrastructure; or

   (ii) allow another person to operate rolling stock on a railway forming
        part of that infrastructure; or

   (b)  is entitled, under a right conferred by an Act or an agreement, to use
        rail infrastructure to-

   (i)  operate rolling stock on a railway forming part of that
        infrastructure; or

   (ii) allow another person to operate rolling stock on a railway forming
        part of that infrastructure; or

   (c)  is required under a binding access arrangement or dispute resolution
        decision to allow another person to operate rolling stock on a railway
        forming part of rail infrastructure that the person-

   (i)  owns; or

   (ii) uses under a right conferred by an Act or an agreement.