On 23 April 2009, ARTC lodged an access undertaking application for the Hunter Valley Rail Network with the ACCC for assessment under s.44ZZA of the Trade Practices Act 1974 (the Act).
ARTC manages standard gauge track in South Australia, Victoria, NSW and Western Australia. ARTC has chosen to submit one access undertaking for the Interstate rail network incorporating the NSW interstate network, which was accepted by the ACCC on 30 July 2008. ARTC has now submitted a separate access undertaking covering only the ARTC leased Hunter Valley rail network.
The Undertaking sets out the terms and conditions on which ARTC will provide access to the Hunter Valley rail network.
The Undertaking and supporting documentation are available below.
The ACCC released a Draft Decision on 5 March 2010, setting out its preliminary views on the Undertaking. The Draft Decision and the 24 December IAHA referred to in the Draft Decision are available below.
The ACCC is consulting on its Draft Decision and invites submissions from interested parties. Submissions should be sent to: Mr Anthony Wing General Manager Transport and General Prices Oversight ACCC GPO Box 520 MELBOURNE VIC 3001 Email: transport@accc.gov.au
Submissions must be received by 5:00pm on Wednesday, 31 March 2010. It is in the submitter's interest that the submission be lodged by this time. While the ACCC will endeavour to take into account information submitted after this time, it may be limited in its ability to do so. If submissions are not provided to the ACCC in a manner which allows for full and timely analysis by the ACCC and other interested parties, less weight may be given to the submission.
Position Paper On Matters Other Than Price (10 February 2010)
The ACCC released on 10 February 2010 a Position Paper setting out preliminary views on the non-price aspects of the Undertaking. The Position Paper is available below.
The ACCC released an Issues Paper as part of its assessment of the Undertaking. The Issues Paper and submissions from interested parties in response to the Paper are available below.