In October 2008, ARTC submitted a proposed variation to the accepted Interstate Rail access undertaking to the ACCC for assessment under Part IIIA of the Trade Practices Act 1974 (the Act), known as the Competition and Consumer Act 2010 from January 2011. The proposed variation related to the indemnity and loss regime in clause 15 of the indicative access agreement of the undertaking so that the liability of either party to third parties for loss or damage would be limited in certain circumstances.
The ACCC consulted on the variation application and released a draft decision to not accept ARTC’s proposal. In January 2009, ARTC withdrew its variation application from the ACCC’s consideration.
For a full timeline of related undertaking applications and variations to this access undertaking, please see:
ARTC Interstate Rail access undertaking