Final decision
On 6 December 2024 the ACCC published its Final Decision to accept ARTC’s Revised Undertaking for the Interstate rail network. This undertaking comes into effect on 28 December 2024 and replaces the undertaking in force since 2008.
Amendment notice
On 8 November 2024 ARTC submitted its Revised Undertaking which was consistent with the Amendment Notice. As such, the Revised Undertaking is taken to be the undertaking given under section 44ZZA for the purposes of the ACCC’s decision.
On 24 October 2024 the ACCC issued an amendment notice to ARTC, under section 44ZZAAA of the Competition and Consumer Act 2010 (the Act). It stated the nature of the amendments that the ACCC proposed to be made to ARTC’s Proposed Undertaking and the reasons for the proposed amendments. In proposing the amendments, the ACCC has had regard to the matters listed in subsection 44ZZA(3) of the Act, as well as stakeholder submissions.
Draft decision and information requests
On 4 October 2024 the ACCC sent a request to ARTC to provide further information to support the assessment of the Proposed Undertaking (Information request 4). ARTC provided a response to Information request 4 on 7 November 2024.
On 26 July 2024 the ACCC published a Draft Decision on ARTC's 2024 Interstate Access Undertaking application. We invited submissions on any aspect of the Draft Decision. Submissions closed on Friday 6 September 2024. The public submissions are published under the Draft Decision.
Project updates
On 30 July 2024 the ACCC sent a request to ARTC to provide further information to support the assessment of the Proposed Undertaking (Information request 3). ARTC's response was provided on 20 August 2024.
On 17 May 2024 the ACCC sent a request to ARTC to provide further information to support the assessment of the Proposed Undertaking (Information request 2), with a response provided on 7 June 2024.
ARTC also provided a separate document with a response to aspects of stakeholder submissions on 13 June 2024. Both responses are published under Information request 2, as the response to stakeholder submissions cross-references the response to the information request.
On 26 February 2024 the ACCC sent a request to ARTC to provide further information to support the assessment of the Proposed Undertaking (Information request 1). ARTC's response was provided on 18 March 2024.
On 20 December 2023 the ACCC published a consultation paper on ARTC's 2024 Interstate Access Undertaking application. We invited submissions on any aspect of the Proposed Undertaking. Submissions closed on Friday 23 February 2024. We received 7 public submissions. We received further submissions from stakeholders after the submission period closed. These were in response to other submissions or meetings with ACCC and ARTC.
On 12 December 2023 ARTC submitted the 2024 Interstate Access Undertaking application. This undertaking is intended to replace the 2008 undertaking, which is due to expire on 30 June 2024.
ARTC’s undertaking sets out the principles and processes under which ARTC, as an infrastructure provider of rail, will be obliged to provide access to businesses wishing to run trains on ARTC’s Interstate Rail Network.
All documents relating to this application will appear below during the course of the ACCC's assessment.
Extension of current undertaking
On 13 June 2024 the ACCC issued a notice to extend the period of the 2008 Interstate Access Undertaking until the earlier of:
- 31 December 2024, or
- if a replacement of the 2008 Interstate Access Undertaking as accepted by the ACCC on 30 July 2008 (and as varied from time to time) is given to the ACCC under section 44ZZA of the Competition and Consumer Act 2010 (CCA), and the Commission accepts that undertaking, the date on which that undertaking takes effect in accordance with s 44ZZBA of the CCA.
On 17 April 2024 the ACCC sent a letter to ARTC regarding an extension of the current undertaking until 31 December 2024. On 6 May 2024 ARTC submitted an application to extend the term of its 2008 Interstate Access Undertaking. The extension is intended to provide sufficient time for consultation on ARTC’s proposed replacement undertaking. It will also ensure there is no uncertainty for users as to whether the statutory assessment processes will be finalised before the existing undertaking would have expired on 30 June 2024.
The extension project is available separately on the ACCC website.