The Australian Rail Track Corporation has advised the Australian Competition and Consumer Commission it has withdrawn its application to vary its 2008 Interstate Rail Access Undertaking.
ARTC operates rail tracks in New South Wales, South Australia, Victoria and Western Australia, and on 9 October 2008 it sought to vary its undertaking which sets out the terms and conditions for train service operators to access the interstate mainline track.
The proposed variation related to the liability and indemnity clause in the Indicative Access Agreement. The ACCC issued a draft decision on 18 December 2008 indicating that the ACCC was of the preliminary view that it was not appropriate to consent to the proposed variation.
ARTC has indicated in its withdrawal request that it believes the issues raised can be addressed. It stated that it will consult with operators on a revised amendment and intends to submit a new variation application in the near future.
In light of the withdrawal of the application, the ACCC will not issue a final decision on the current application.
A copy of the ARTC's application for variation and its letter of withdrawal, the 2008 Interstate Rail Access Undertaking and other supporting documentation will be available on the ACCC website, www.accc.gov.au.
ARTC operates rail tracks in New South Wales, South Australia, Victoria and Western Australia, and on 9 October 2008 it sought to vary its undertaking which sets out the terms and conditions for train service operators to access the interstate mainline track.
The proposed variation related to the liability and indemnity clause in the Indicative Access Agreement. The ACCC issued a draft decision on 18 December 2008 indicating that the ACCC was of the preliminary view that it was not appropriate to consent to the proposed variation.
ARTC has indicated in its withdrawal request that it believes the issues raised can be addressed. It stated that it will consult with operators on a revised amendment and intends to submit a new variation application in the near future.
In light of the withdrawal of the application, the ACCC will not issue a final decision on the current application.
A copy of the ARTC's application for variation and its letter of withdrawal, the 2008 Interstate Rail Access Undertaking and other supporting documentation will be available on the ACCC website, www.accc.gov.au.