Draft decision and information request
On 26 July 2024 the ACCC published a Draft Decision on ARTC's 2024 Interstate Access Undertaking application. We invite submissions on any aspect of the Draft Decision.
Submissions are due by 5 pm (AEST) on Friday 6 September 2024.
Stakeholders should address submissions to:
Mr Matthew Schroder
General Manager
Infrastructure and Transport – Access and Pricing Branch
Australian Competition and Consumer Commission
GPO Box 3131
Canberra ACT 2601
Email: transport@accc.gov.au
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.
Project updates
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.