ACCC to consider rail access undertaking from Australian Rail Track Corporation
Australian Rail Track Corporation has submitted a rail access undertaking for assessment under Part IIIA of the Trade Practices Act 1974.
The undertaking sets out terms and conditions of access to the standard gauge tracks on the interstate network in NSW, Victoria, South Australia and Western Australia owned or managed by ARTC. It covers the terms and conditions of providing access to the interstate mainline standard gauge track linking Kalgoorlie in Western Australia, Adelaide, Wolseley and Crystal Brook in South Australia, Melbourne and Wodonga in Victoria, Broken Hill, Cootamundra, Parkes, Albury, Macarthur, Moss Vale, Unanderra, Newcastle (to the Queensland border) in NSW.
As part of the assessment process, the ACCC will distribute an Issues Paper identifying key issues relevant to the decision on whether to accept the undertaking and seeking submissions from interested parties. A copy of the Issues Paper will be available on the ACCC website.
The assessment process will also include a draft decision with a further round of submissions.
Under the provisions in Part IIIA, the ACCC is required to use its best endeavours to reach a final decision within six months of receipt of the undertaking. A final decision is expected in early December 2007.
A copy of ARTC's application and the undertaking are available on the ACCC's website.
Part IIIA of the Track Practices Act 1974 requires the ACCC to assess access undertakings. If the ACCC accepts the undertaking then the services covered by the undertaking cannot be declared and the terms and conditions of access and the approach to arbitrating disputes are governed by the undertaking.
An undertaking for tracks controlled by ARTC in SA, VIC and up to Broken Hill in NSW and Kalgoorlie in WA was approved by the ACCC in May 2002. Since September 2004, ARTC has leased certain parts of the NSW rail network from the New South Wales government. The lease gave ARTC responsibility for operating and maintaining these tracks and for managing access by third parties.
