{"id":"tas:sr-2009-147","name":"Rail Infrastructure (Rail Infrastructure Owner) Order 2009","slug":"rail-infrastructure-rail-infrastructure-owner-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"147 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315193,"registerId":"tas-tas:sr-2009-147-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Rail Infrastructure (Rail Infrastructure Owner) Order 2009](/view/html/inforce/2026-04-12/sr-2009-147) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect at the time on the day on which completion of the Business Sale Agreement occurs.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Rail Infrastructure Act 2007](/view/html/inforce/2026-04-12/act-2007-036) ;\n> > \n> > > ***Business Sale Agreement*** means the agreement, for the sale and purchase of rail infrastructure and related assets and rail businesses, entered into in the year 2009 –\n> > > \n> > > > > (a) by Pacific National Pty Ltd (ACN 098 060 550), Pacific National (Tasmania) Pty Limited (ACN 079 371 305), PN Tas (Operations) Pty Limited (ACN 078 295 468), PN Tas (Services) Pty Limited (ACN 078 906 519), together as the seller; and\n> > > > \n> > > > > (b) by the Crown, as the buyer;\n> > \n> > > ***completion of the Business Sale Agreement*** means Completion within the meaning of the Business Sale Agreement.\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if this order were regulations.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Designation of Rail Infrastructure Owner","content":"### 4 Designation of Rail Infrastructure Owner\n\n> Tasmanian Railway Pty Ltd (ACN 139 383 761) is designated as the Rail Infrastructure Owner.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 25 November 2009\n\nThis order is administered in the Department of Infrastructure, Energy and Resources.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the order has remained unchanged since its commencement on 30 November 2009. The table of amending instruments suggests no substantive amendments have been made, indicating the scope has remained consistent with its original intent of designating a rail infrastructure owner."},"complexity_factors":["Very narrow and specific purpose — essentially a single designation","Operates as a short subordinate instrument (statutory order) rather than comprehensive legislation","Limited available text makes full analysis difficult, but the instrument appears straightforward","Requires cross-referencing with the parent Rail Infrastructure Act to understand full legal effect"],"plain_english_summary":"This short Tasmanian order formally names the legal \"rail infrastructure owner\" under the Rail Infrastructure Act, identifying who is responsible for managing, maintaining and granting access to the state's rail network. It affects the designated owner, rail operators who deal with that owner, and regulators — providing legal certainty about accountability for Tasmania’s rail infrastructure."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This order has not expanded beyond its original purpose. It was clearly designed to designate a specific entity as Rail Infrastructure Owner contingent on a specific asset sale, and it does exactly that with no additional provisions or creeping scope."},"complexity_factors":["Very short document (4 operative sections, approximately 250 words)","Only 3 defined terms in the interpretation section (Act, Business Sale Agreement, completion of the Business Sale Agreement)","Single substantive provision (section 4) with no conditions, exceptions, or cross-references beyond the commencement trigger","No nested logic or operational rules — purely declarative","Dependent on external commercial agreement (Business Sale Agreement) for its operation, but does not incorporate that agreement's terms"],"plain_english_summary":"This is a short, technical order made under Tasmanian legislation (the Rail Infrastructure Act 2007). It does one simple thing: **it officially names Tasmanian Railway Pty Ltd as the 'Rail Infrastructure Owner'** — a specific legal status under that Act.\n\nThe order only takes effect once a particular business sale is completed — specifically, when the Tasmanian government (the Crown) finishes buying rail infrastructure and related assets from Pacific National and its related companies. This was part of a 2009 deal to bring Tasmania's rail infrastructure back into public ownership.\n\n**Who it affects:**\n- **Tasmanian Railway Pty Ltd** — gains official status as the Rail Infrastructure Owner\n- **The Tasmanian Government** — becomes the owner of the rail assets through this purchase\n- **Pacific National** — the seller of the rail infrastructure\n- **Rail users in Tasmania** — indirectly affected by who owns and manages the tracks\n\n**Why it matters:**\nThis order is a small but crucial piece of the puzzle in transferring Tasmania's rail network from private to public hands. The 'Rail Infrastructure Owner' designation carries legal responsibilities for maintaining and managing rail infrastructure under the Rail Infrastructure Act 2007."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order does not amend the Rail Infrastructure Act. It narrowly designates Tasmanian Railway Pty Ltd as the Rail Infrastructure Owner effective on completion of the identified Business Sale Agreement and therefore changes only the legal identity of the owner (ss 2–4)."},"complexity_factors":["Commencement is conditional on an external commercial event: 'completion of the Business Sale Agreement' (s 2; s 3(1) definition).","Relies on definitions tied to a specific 2009 Business Sale Agreement naming multiple corporate parties, requiring cross-reference to that contract to identify scope (s 3(1)).","Narrow, single-purpose instrument: primary operative act is a designation (s 4), which limits internal complexity.","Interpretation rule: Acts Interpretation Act 1931 applies to this order as if it were regulations, creating an external interpretive framework (s 3(2)).","Administrative detail is minimal but present: instrument is recorded as administered by a named Department, which affects implementation responsibility (notice/footer)."],"plain_english_summary":"**Tasmanian Railway Pty Ltd** is designated the Rail Infrastructure Owner under this order, which takes effect when the Business Sale Agreement between specified Pacific National entities and the Crown is completed (ss 2–4). It changes who is legally responsible for the rail infrastructure listed in that sale: the named sellers, the Crown buyer and the designated company are the parties affected, and the designation fixes ownership, regulatory duties and liabilities under the Rail Infrastructure Act (ss 3–4)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009","history":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009/history","analysis":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009/analysis","conflicts":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009/conflicts","importantCases":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009/important-cases","documents":"/api/acts/rail-infrastructure-rail-infrastructure-owner-order-2009/documents"}}