ARTC Interstate Rail access undertaking

The ACCC accepted an access undertaking from ARTC for the Interstate Rail Network in July 2008. The access undertaking covers the terms and conditions of access for parties seeking to run trains on the mainline standard gauge rail track owned or leased by ARTC.

Interstate Rail access undertaking 2008

In July 2008, ARTC submitted a proposed access undertaking to the ACCC for assessment pursuant to Part IIIA of the Trade Practices Act 1974 (the Act), known as the Competition and Consumer Act 2010 from 1 January 2011. The access undertaking replaced ARTC’s previous access undertaking, which lasted for five years and expired in June 2007. In light of a significant amount of consultation and consideration of previous undertaking applications, the ACCC expeditiously considered and released a final decision to accept the application in July 2008.

Title Industry Type Status
Interstate rail access undertaking 2008 Rail Access undertaking Accepted
30 Jul 2008

On 30 July 2008, the ACCC accepted ARTC’s interstate rail Access undertaking (ARTC’s undertaking).

Variations to the Interstate Rail access undertaking 2008

ARTC has submitted a number of variations to the accepted access undertaking for the ACCC's consideration.

Title Industry Type Status
Five year review of undertaking Rail Undertaking variation Finalised
9 May 2014

ARTC is required to review the accepted access undertaking five years after the commencement date to determine whether any amendments to the undertaking are required as a result of changes to industry circumstances or Government legislation, rules, or regulations.

In October 2013, ARTC provided a letter to stakeholders describing the requirements and scope of the five year review and seeking their comments. Submissions closed on 29 November 2013. ARTC received seven submissions in response.

SSFL variation 2013 Rail Undertaking variation Accepted
10 Apr 2013

On 10 April 2013 the ACCC made a final decision to consent to ARTC's proposed undertaking variation.

Forecast expenditure variation 2012 Rail Undertaking variation Accepted
18 Apr 2012

On 18 April 2012, the ACCC decided to consent to ARTC’s application to vary its undertaking.

Indicative access agreement variation 2008 Rail Undertaking variation Withdrawn
09 Oct 2008

On 9 October 2008, ARTC submitted an application to vary the undertaking with the ACCC under s.44ZZA(7) of the Act.

Previous undertaking applications

The ACCC previously accepted an access undertaking from ARTC for the Interstate Rail Network in 2002, which lasted for five years and expired in June 2007. The ACCC also accepted a minor variation to that undertaking in 2003. In 2007, ARTC submitted an application for a replacement undertaking, which it subsequently withdrew from the ACCC’s consideration before submitting a revised application in 2008 (the Interstate Rail Access Undertaking 2008).

Title Industry Type Status
Interstate Rail access undertaking 2007 Rail Access undertaking Withdrawn
15 Oct 2007

On 8 June 2007, ARTC lodged an access undertaking application with the ACCC for assessment

Interstate Rail access undertaking 2002 Rail Access undertaking Expired
1 Jun 2007

This undertaking was effective until 1 June 2007. A minor amendment to the undertaking was accepted in 2003.

IAU variation 2003 Rail Undertaking variation Accepted
7 May 2003

ARTC applied for a slight variation to the Interstate Rail access undertaking 2002 on 4 March 2003