Rail

The ACCC has functions regulating rail, which arise from the National Access Regime in Part IIIA of the Competition and Consumer Act 2010 (the Act) (formerly known as the Trade Practices Act 1974). The Transport and General Prices Oversight Branch administers the ACCC’s work in rail, which includes:

• assessing Part IIIA undertakings submitted by rail access providers in relation to rail track infrastructure (‘below rail’ services); and
• carrying out functions under accepted undertakings (which includes, if required, arbitrating access disputes).

To date only one rail infrastructure provider, Australian Rail Track Corporation, has submitted undertakings under Part IIIA of the Act. Two undertakings are currently in place, one for the national interstate rail network and one for the Hunter Valley rail network in New South Wales.

Australian Rail Track Corporation and access undertakings

Australian Rail Track Corporation (ARTC) was established out of a 1997 Inter-Governmental Agreement entered into between the Commonwealth, New South Wales, Victoria, Queensland, Western Australia and South Australia. An aim was for ARTC to provide a single point of rail access for parties seeking to use the standard gauge interstate rail network. This network links Kalgoorlie in Western Australia, Adelaide, Wolseley and Crystal Brook in South Australia, Broken Hill and Cootamundra in NSW, Melbourne and Wodonga in Victoria, Albury to Macarthur and Newcastle in NSW to the NSW Queensland border.

In 2002 the ACCC approved an access undertaking from ARTC for the interstate rail network. The 2002 access undertaking related to those parts of the network linking Kalgoorlie (WA), Tarcoola (SA), Broken Hill (NSW), Melbourne (Vic) and Wodonga (Vic). The 2002 Undertaking expired on 1 June 2007.

On 20 December 2007, ARTC submitted a replacement undertaking that extends to the leased tracks on the interstate network in NSW, as well as to tracks on the interstate network in Victoria and South Australia. The ACCC accepted this undertaking on 30 July 2008 and it applies for a ten year term.

In 2004 ARTC entered into a lease arrangement with the State Government of NSW for parts of the NSW intra-State rail network, including the Hunter Valley lines. The ACCC accepted an access undertaking from ARTC for the Hunter Valley rail network on 29 June 2011. This undertaking applies for a 5 year term.