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Competition and Consumer Act 2010 (Part III A – “Access to Services”) – Part III A of the Act establishes an open access regime for essential facilities, which includes railway infrastructure. Railway infrastructure is subject to regulation if it has been “declared” by ministerial decision. The open access regime grants third parties a right to negotiate access to “declared services.” The Act sets out rules on the preparation and approval of access undertakings, the negotiation of access agreements and dispute resolution in the event the parties cannot agree on the conditions for access. More information on the Australian national track access regime is available on the website of the Australian Competition and Consumer Commission (ACCC).
For more information on track access in Australia including links to model track access agreements see Track Access Agreements Australia.
Australian_Competition and Consumer Act 2010 Vol 1_EN.pdf
Australian_Competition and Consumer Act 2010 Vol 2_EN.pdf
Australian_Competition and Consumer Act 2010 Vol 3_EN.pdf