Description of Conduct

On 6 November 2024, the ACCC received an application for authorisation from Aurizon Network Pty Ltd and Queensland Rail Limited (together, the Applicants) to jointly conduct a tender process for rail profiling services. The Applicants also seek authorisation to enter into and give effect to agreements with the preferred supplier(s) and, if required, to consult with each other and make joint decisions regarding the ongoing administration and operation of certain aspects of the agreements during the term of the agreements.

Authorisation is sought for a period of 15 years.

The Applicants also requested interim authorisation to commence preparatory work for the tender process while the substantive application for authorisation is being assessed by the ACCC.

On 18 December 2024, the ACCC granted interim authorisation to allow the Applicants to collaborate and share information only for the purposes of preparing the joint tender for rail profiling services. Interim authorisation does not extend to joint issuance of requests for proposals to potential suppliers, joint evaluation of tender responses or joint negotiation of terms with potential suppliers.

On 12 February 2025, the ACCC issued a draft determination proposing to grant authorisation for 15 years. The ACCC also revoked the existing interim authorisation and granted a broader interim authorisation, which includes the issuance of requests for proposals, the joint evaluation of tender responses and the joint negotiation of terms.

The ACCC invites the views of interested parties on the draft determination and interim authorisation decision. Submissions are requested by 6 March 2025.

If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below. Any changes to this timeline will be published here.

Indicative date

Stage in assessment process

6 November 2024

Lodgement of application and supporting submission

14 November 2024

Public consultation process begins

2 December 2024

Closing date for submissions from interested parties

18 December 2024

ACCC decision regarding first interim authorisation

12 February 2025

Draft determination and revocation of first interim authorisation and substitution with second interim authorisation

February/March 2025

Public consultation on draft determination including any conference if called

April 2025

Final determination

Applicant(s)

  • AURIZON NETWORK PTY LTD
  • QUEENSLAND RAIL LIMITED

Authorisation number(s)

  • AA1000684-1