In June 2007, ARTC submitted a proposed access undertaking for the Interstate Rail Network 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 January 2011. The undertaking was intended to replace ARTC’s 2002 access undertaking, which expired in June 2007 and covered the terms and conditions of access for parties seeking to run trains on the mainline standard gauge rail track owned or leased by ARTC linking Kalgoorlie in Western Australia, Tarcoola in South Australia, Broken Hill in New South Wales, and Melbourne and Wodonga in Victoria.
The ACCC consulted on the June 2007 undertaking application and sought further information and clarification from ARTC. However, in October 2007, ARTC withdrew its application. ARTC then submitted a revised access undertaking application to the ACCC in December 2007 and July 2008. The ACCC accepted the latter, which is due to expire in 2018.