The Australian Competition and Consumer Commission has called for submissions on a proposed variation to the Australian Rail Track Corporation Ltd's application to vary its 2008 Interstate Rail Access Undertaking.
The proposed variation relates 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 is limited in certain circumstances.
Accordingly, the ACCC must now assess the variation application, having regard to the legislative criteria in subs. 44ZZA(3) of the Trade Practices Act 1974, to determine whether the variation is appropriate and consent should be given.
The ACCC accepted ARTC's 2008 Interstate Rail Access Undertaking on 30 July 2008 and it became operative on 20 August 2008, with a 10 year term. The undertaking sets out the terms and conditions for providing access to the interstate mainline standard gauge track linking Kalgoorlie in Western Australia, Adelaide, Wolseley and Crystal Brook in South Australia, Melbourne and Wodonga in Victoria, and Broken Hill, Cootamundra, Albury, Macarthur, Moss Vale, Unanderra, Newcastle (to the Queensland border) and Parkes in New South Wales.
The undertaking does not cover access to tracks in the Hunter Valley coal network as this will be the subject of a separate access undertaking.
The proposed variation will not affect the rest of the undertaking, which will remain unchanged and operative. The services covered by the undertaking cannot be declared under Part IIIA of the Trade Practices Act.
A copy of the ARTC's application for variation, the 2008 Interstate Rail Access Undertaking and other supporting documentation are available on the ACCC website.
As part of the assessment process, the ACCC has distributed an Issues Paper to stakeholders identifying and asking for comments on the changes to the undertaking. The due date for submissions is Friday 21 November 2008. A copy of the Issues Paper is also available on the ACCC website.
For media inquiries to the ACCC Chairman, Mr Graeme Samuel, or Mr John Martin, Commissioner, please call Ms Lin Enright, ACCC Media, on (02) 6243 1108 or 0414 613 520. For general inquiries, please call the Infocentre on 1300 302 502.
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See ARTC’s application to vary the 2008 Interstate Rail Access Undertaking.