{"id":"railways-operations-and-access-act-1997","name":"Railways (Operations and Access) Act 1997","slug":"railways-operations-and-access-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106491,"registerId":"sa-railways-operations-and-access-act-1997-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Railways (Operations and Access) Act 1997","content":"South Australia\nRailways (Operations and Access) Act 1997\nAn Act to provide for the operation of railways and access to railway services on fair commercial terms; and for other purposes.\n\nContents\nPart 1—Preliminary\nDivision 1—Formal provisions\n1\tShort title\nDivision 2—Objects\n3\tObjects\nDivision 3—Interpretation\n4\tInterpretation\n5\tJoint ventures\nDivision 4—Application of this Act\n6\tApplication to railways\n7\tApplication of access regime\n7A\tReview and expiry of access regime\nDivision 5—Crown to be bound\n8\tCrown to be bound\nDivision 6—Regulator\n9\tRegulator\n9A\tRegulator to report to Minister\nPart 2—Construction and operation of railways\nDivision 1—Acquisition of land\n10\tLand acquisition\nDivision 2—Fixed railway infrastructure\n11\tFixed infrastructure may be dealt with as personal property\nDivision 3—Operations over roads\n12\tRights in relation to roads\n13\tMaintenance\n13A\tPower to close roads temporarily\n13B\tImmunity\nDivision 4—Reports\n14\tSpecial reports\nDivision 5—Rail corridors\n15\tRail corridor need not be fenced\n16\tExemption from rates and taxes\nDivision 6—Exclusion of law of common carriers\n17\tIndustry participant not to be common carrier\nDivision 7—Liquor and gambling\n18\tMinisterial authorisation to sell liquor\n19\tMinisterial authorisation to provide gambling facilities\nDivision 8—By-laws\n20\tBy-laws\nPart 3—Conduct of operator's business\nDivision 1—General rules for conduct of business\n22\tSegregation of accounts and records\n23\tUnfair discrimination\n24\tPreventing or hindering access to railway services\n25\tReport to Minister\nDivision 2—Appointment of administrator\n26\tAppointment of administrator\nPart 4—Pricing principles and information relevant to access\nDivision 1—Pricing principles\n27\tPricing principles\nDivision 2—Information about access\n28\tInformation brochure\n29\tOperator's obligation to provide information about access\n30\tInformation to be provided on non-discriminatory basis\nPart 5—Negotiation of access\n31\tAccess proposal\n32\tDuty to negotiate in good faith\n33\tLimitation on operator's right to contract to provide access\nPart 5A—Confidential information\n33A\tConfidential information\nPart 6—Arbitration of access disputes\nDivision 1—Access disputes and requests for arbitration\n34\tAccess dispute\n35\tRequest for reference of dispute to arbitration\nDivision 2—Conciliation and reference to arbitration\n36\tConciliation and reference to arbitration\n37\tAppointment of arbitrator\nDivision 3—Principles of arbitration\n38\tPrinciples to be taken into account\nDivision 4—Parties to arbitration\n39\tParties to arbitration\n40\tRepresentation\n41\tMinister's right to participate\nDivision 5—Conduct of arbitration proceedings\n42\tArbitrator's duty to act expeditiously\n43\tHearing to be in private\n44\tProcedure on arbitration\n45\tProcedural powers of arbitrator\n46\tGiving of relevant documents to the arbitrator\n47\tPower to obtain information and documents\n48\tConfidentiality of information\nDivision 6—Early termination of arbitration\n49\tTermination of arbitration in cases of triviality etc\n50\tProponent's right to terminate arbitration\nDivision 7—Awards\n50A\tTime limit for arbitration\n51\tAwards\n52\tRestrictions on awards\n53\tConsent awards\nDivision 8—Withdrawal from award\n54\tProponent's option to withdraw from award\nDivision 9—Variation or revocation of awards\n55\tVariation or revocation of award\nDivision 10—Miscellaneous\n56\tAppeal on question of law\n57\tCosts\n58\tRemoval and replacement of arbitrator\n59\tNon-application of Commercial Arbitration Act 1986\nPart 7—Monitoring powers\n60\tRegulator's power to monitor costs\n61\tCopies of access contracts to be supplied to regulator\n62\tOperator's duty to supply information and documents\n63\tConfidentiality\n64\tDuty to report to the Minister\nPart 8—Enforcement of this Act\n65\tInjunctive remedies\n66\tCompensation\n67\tEnforcement of arbitrator's requirements\nPart 9—Regulations and proclamations\n68\tRegulations and proclamations\nSchedule 1—Transitional provision\n1\tTransitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\nDivision 1—Formal provisions\n1—Short title\nThis Act may be cited as the Railways (Operations and Access) Act 1997.\nDivision 2—Objects\n3—Objects\nThe objects of this Act are—\n\t(a)\tto promote a system of rail transport in South Australia that is efficient and responsive to the needs of industry and the public; and\n\t(b)\tto provide for the operation of railways; and\n\t(c)\tto facilitate competitive markets in the provision of railway services through the promotion of the economically efficient use and operation of, and investment in, those services; and\n\t(d)\tto promote the efficient allocation of resources in the rail transport segment of the transport industry; and\n\t(e)\tto provide access to railway services on fair commercial terms and on a non-discriminatory basis.\nDivision 3—Interpretation\n4—Interpretation\nIn this Act, unless the contrary intention appears—\naccess means a right to the provision of railway services by an industry participant;\naccess contract means a contract giving access to railway services or a contractual variation of an existing access contract affecting access to railway services in a significant way or to a significant extent;\naccess dispute means a dispute about an access proposal;\naccess proposal—see section 31;\naccess regime means Parts 3 to 8 (inclusive) of this Act;\nauthorised person means a person authorised by an operator to exercise the powers of an authorised person under this Act;\ncosts of an arbitration means the fees, costs and expenses of the arbitrator, including the fees, costs and expenses of any expert or lawyer engaged by the arbitrator;\nCourt means the Supreme Court of South Australia;\nfixed railway infrastructure means—\n\t(a)\trailway track; and\n\t(b)\tbuildings, installations and equipment for—\n\t(i)\tthe operation and use of railway track; or\n\t(ii)\tthe embarkation and disembarkation of passengers; or\n\t(iii)\tthe loading and unloading of goods;\nfreight service means the service of carrying goods on a railway;\nindustry participant means—\n\t(a)\tan operator; or\n\t(b)\ta person who operates, or proposes to operate, railway rolling stock on the railway network;\nlawyer means a person qualified and entitled to practise as a legal practitioner under the law of an Australian State or Territory;\noperator means a person who provides, or is in a position to provide, railway services in relation to the railway network;\npassenger service means the service of carrying passengers on a railway;\npricing principles—\n\t(a)\trelating to the fixing of floor and ceiling prices—see section 27;\n\t(b)\trelating to the price of access to a railway service—see section 38(2);\nrail corridor means—\n\t(a)\tland over which a railway track passes; and\n\t(b)\tland used for providing a passenger service or a freight service; and\n\t(c)\tother land classified by proclamation as part of a rail corridor,\nbut does not include—\n\t(d)\ta railway workshop or a passenger or freight terminal building; or\n\t(e)\tland used solely or predominantly by a person who is not an industry participant; or\n\t(f)\tland excluded from the ambit of this definition by proclamation;\nrailway infrastructure means—\n\t(a)\tfixed railway infrastructure; and\n\t(b)\tother installations, plant and equipment (whether fixed or moveable) used or available for use in connection with the operation of the railway network to the extent that it is brought within the ambit of this Act by proclamation,\nbut does not include a private siding within the meaning of the Rail Safety National Law (South Australia) Act 2012, other than a private siding prescribed by the regulations to be railway infrastructure for the purposes of this Act;\nrailway network means the railways to which this Act applies;\nrailway rolling stock means a locomotive, carriage, or other vehicle for use on a railway;\nrailway service means—\n\t(a)\ta passenger service or a freight service; or\n\t(b)\tthe service of providing (or providing and operating) railway infrastructure for another industry participant;\nrailway service business means a business consisting of the provision of railway services;\nregulator—see section 9;\nrelated—bodies corporate are related if they are related bodies corporate under the Corporations Law;\nrespondent to an access proposal—see section 31(4).\n5—Joint ventures\n\t(1)\tIf an industry participant consists of the participants in a joint venture, the participants are jointly and severally liable to the obligations under this Act.\n\t(2)\tThe participants in the joint venture may from time to time give the regulator written notice of a representative (who may—but need not be—a participant in the joint venture) who is authorised to give and receive notices on their behalf.\n\t(3)\tA notice given by or to the authorised representative is taken to have been given by or to all participants in the joint venture.\n\t(4)\tIf no representative is currently nominated under this section, a notice given to any one of the participants in the joint venture is taken to have been given to all.\n\t(5)\tA joint venture includes a partnership.\nDivision 4—Application of this Act\n6—Application to railways\n\t(1)\tSubject to any exclusion in force under subsection (2), this Act (apart from the access regime) applies to all railways in the State.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\texclude a specified railway from the application of this Act or specified provisions of this Act; or\n\t(b)\tvary or revoke an exclusion in force under this section.\n7—Application of access regime\n\t(1)\tThe access regime applies in relation to operators and railway services to the extent that it is declared by proclamation to apply.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\tdeclare that operators and railway services are subject to the application of the access regime; or\n\t(b)\tvary or revoke a declaration in force under this section.\n\t(3)\tThe access regime does not (and cannot) apply to the railway to which the AustralAsia Railway (Third Party Access) Act 1999 applies (and accordingly no proclamation can be made under this section in relation to the railway to which that Act applies).\n7A—Review and expiry of access regime\n\t(1)\tThe regulator must, within the last year of each prescribed period, conduct a review of the operators and railway services subject to the access regime to determine whether the access regime should continue to apply.\n\t(2)\tThe regulator must give reasonable notice of the review, by publishing a notice in a manner and form determined by the regulator to be most appropriate in the circumstances, inviting written submissions on the matters under review within a reasonable time specified for the purpose in the notice.\n\t(3)\tThe regulator must consider submissions made in response to the notice and other submissions made in the course of other forms of public consultation undertaken by the regulator in connection with the review.\n\t(4)\tOn completing the review, the regulator must forward to the Minister a report on the review and the conclusions reached by the regulator as a result of the review and, in particular, must recommend either—\n\t(a)\tthat the access regime should continue in operation for a further prescribed period; or\n\t(b)\tthat the access regime should expire at the end of the existing prescribed period.\n\t(5)\tThe Minister must have copies of the report laid before both Houses of Parliament and must have the regulator's recommendation published in the Gazette.\n\t(6)\tThe access regime expires at the end of a prescribed period unless—\n\t(a)\tthe regulator has, in the report of a review conducted during the prescribed period, recommended that it should continue in operation for a further prescribed period; and\n\t(b)\tthe period of its operation has been extended by regulation.\n\t(7)\tIn this section—\nprescribed period means—\n\t(a)\tthe period ending 30 October 2015; and\n\t(b)\teach successive period of 5 years thereafter.\nDivision 5—Crown to be bound\n8—Crown to be bound\nThis Act binds the Crown not only in right of the State but also (so far as the legislative power of the State extends) in all its other capacities.\nDivision 6—Regulator\n9—Regulator\n\t(1)\tThe Essential Services Commission established under the Essential Services Commission Act 2002 is the regulator under this Act.\n\t(2)\tThe regulator has the function of monitoring and enforcing compliance with this Act (other than Part 2).\n9A—Regulator to report to Minister\n\t(1)\tThe regulator must, on or before 30 September in every year, forward to the Minister a report of the work carried out by the regulator under this Act for the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 12 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.\nPart 2—Construction and operation of railways\nDivision 1—Acquisition of land\n10—Land acquisition\n\t(1)\tAn operator may, with the written consent of the Minister, acquire land for the construction or extension of railways.\n\t(2)\tThe Land Acquisition Act 1969 applies to the acquisition of land under this section.\nDivision 2—Fixed railway infrastructure\n11—Fixed infrastructure may be dealt with as personal property\nDespite any other law, fixed railway infrastructure does not merge with the land to which it is affixed and may be dealt with and disposed of as personal property.\nDivision 3—Operations over roads\n12—Rights in relation to roads\n\t(1)\tDespite any other law, an operator may, with the Minister's consent—\n\t(a)\tinstall, maintain and operate railway infrastructure;\n\t(b)\textend, alter or replace any railway infrastructure,\non, over, under, along or across a road.\n\t(2)\tFor the purposes of subsection (1), the Minister may give his or her consent on such conditions as the Minister thinks fit.\n\t(3)\tA person who contravenes or fails to comply with a condition imposed under subsection (2) is guilty of an offence.\nMaximum penalty: $100 000.\n\t(4)\tDespite any other law, an operator may—\n\t(a)\toperate a railway service; or\n\t(b)\tcarry out an authorised activity,\non, over, under, along or across a road.\n\t(5)\tFor the purposes of subsection (4), an authorised activity is an activity for 1 or more of the following purposes:\n\t(a)\tto run railway rolling stock on railway infrastructure;\n\t(b)\tto carry out maintenance work on railway infrastructure;\n\t(c)\tto repair or replace any railway infrastructure;\n\t(d)\tto remove or decommission any railway infrastructure.\n\t(6)\tAn operator must make good any damage to a road arising out of the exercise of a power under subsection (1) or (4).\nMaximum penalty: $100 000.\n\t(7)\tIn this section—\nroad means any street, road, thoroughfare, terrace, court, lane, alley, cul‑de‑sac, or place commonly used by the public, or to which the public are permitted to have access, and includes a part of a road.\n13—Maintenance\n\t(1)\tAn operator—\n\t(a)\tmust maintain any road on which it places fixed railway infrastructure, whether placed over, under, along or across that road before or after the commencement of this Division, to the extent that the fixed railway infrastructure, or any railway service operated on the fixed railway infrastructure, causes or contributes to the deterioration of the road; and\n\t(b)\tmust keep in good condition and repair—\n\t(i)\tso much of a road that lies between the rails of any railway track owned or operated by the operator; and\n\t(ii)\tso much of a road that lies within the prescribed distance beyond the rails on each side of any railway track owned or operated by the operator.\nMaximum penalty: $100 000.\n\t(2)\tIn this section—\nprescribed distance means, in relation to any railway track, 1 metre or such other distance as may be reasonably necessary to allow a smooth crossing of the railway by vehicles normally crossing at that place;\nroad includes a track or other place commonly used by vehicles.\n13A—Power to close roads temporarily\n\t(1)\tDespite any other law, an operator may, with the Minister's consent, temporarily close a road to enable or facilitate the performance of the work in connection with the operation of this Division.\n\t(2)\tFor the purposes of subsection (1), the Minister may give his or her consent on such conditions as the Minister thinks fit.\n\t(3)\tA person who contravenes or fails to comply with a condition imposed under subsection (2) is guilty of an offence.\nMaximum penalty: $100 000.\n\t(4)\tIn this section—\nroad means a road within the meaning of section 12 or 13.\n13B—Immunity\nNo liability attaches to the Crown by virtue of the fact that the Minister has granted a consent under this Division.\nDivision 4—Reports\n14—Special reports\nAn operator must, at the Minister's request, provide the Minister with a report—\n\t(a)\ton a particular aspect of the operator's operations; or\n\t(b)\ton a particular incident related to the operation of a railway.\nDivision 5—Rail corridors\n15—Rail corridor need not be fenced\nDespite any other law, an operator is not required—\n\t(a)\tto fence a rail corridor or to replace, maintain or repair a fence in relation to a rail corridor; or\n\t(b)\tto contribute to or to join in the construction, replacement, maintenance or repair of a fence in relation to a rail corridor.\n16—Exemption from rates and taxes\nA rail corridor is exempt from—\n\t(a)\tland tax; and\n\t(b)\trates and compulsory charges under the Local Government Act 1934.\nDivision 6—Exclusion of law of common carriers\n17—Industry participant not to be common carrier\nAn industry participant is not a common carrier.\nDivision 7—Liquor and gambling\n18—Ministerial authorisation to sell liquor\n\t(1)\tThe Minister may authorise an operator to sell and supply liquor on a passenger train or on premises associated with a railway if satisfied that the sale and supply of liquor is reasonably incidental to the provision of a passenger service.\n\t(2)\tBefore granting an authorisation under this section, the Minister must consult with the Liquor and Gambling Commissioner.\n\t(3)\tThe Liquor Licensing Act 1985 applies with modifications prescribed by regulation in relation to an authority granted under this section.\n19—Ministerial authorisation to provide gambling facilities\n\t(1)\tThe Minister may authorise an operator to provide and operate gambling facilities on a passenger train or on premises associated with a railway if satisfied that the facilities are reasonably incidental to the provision of a passenger service.\n\t(2)\tBefore granting an authorisation under this section, the Minister must consult with the Liquor and Gambling Commissioner.\n\t(3)\tThe laws of the State relating to gambling apply with modifications prescribed by regulation in relation to an authority granted under this section.\nDivision 8—By-laws\n20—By-laws\n\t(1)\tThe Governor may make by-laws regulating—\n\t(a)\tthe conduct of railway passengers and others while on property associated with the operation of a railway; and\n\t(b)\tthe protection of an operator's property, or property in the custody or under the control of an operator; and\n\t(c)\tthe sale and disposal of unclaimed goods; and\n\t(d)\tother matters related to the operation of the railway.\n\t(2)\tA by-law may confer on an authorised person power to require a person to state the person's name and address or to produce documentary evidence of identity.\n\t(3)\tBefore the Governor makes by-laws under this section, the Minister must consult on the text of the proposed by-laws with any operator whose operations may be affected by the by-laws.\n\t(4)\tA by-law may impose a fine (not exceeding $2 500) for contravention of the by-law.\nPart 3—Conduct of operator's business\nDivision 1—General rules for conduct of business\n22—Segregation of accounts and records\n\t(1)\tAn operator must keep accounts and records of its railway service business so as to give a true and fair view of that business as distinct from other businesses carried on by the operator.\n\t(1a)\tAn operator whose railway service business includes providing (or providing and operating) railway infrastructure for another industry participant must keep accounts and records of that part of its railway service business so as to give a true and fair view of that part of the business as distinct from the remainder of its railway service business.\n\t(2)\tThe accounts and records must be kept in a way that gives—\n\t(a)\ta comprehensive view of the operator's legal and equitable rights and liabilities in relation to railway infrastructure related to the railway network; and\n\t(b)\ta true and fair view of—\n\t(i)\tincome and expenditure derived from, or relating to, railway infrastructure related to the railway network; and\n\t(ii)\tassets and liabilities of the operator's business so far as they relate to railway infrastructure.\n23—Unfair discrimination\n\t(1)\tAn operator must not unfairly discriminate between proponents in preferring one access proposal to another.\nExample—\nIf, for example, proponents A and B make access proposals to the operator, and both A and the operator are subsidiaries of the same holding company, it would be unfair discrimination for the operator to prefer A's access proposal on the basis of the relationship between them. It would also be unfair discrimination to prefer A's access proposal on the basis of price if B offers a fair price and the higher price offered by A is merely a transfer-pricing arrangement transferring profits from one part of a corporate group to another.\n\t(2)\tAn operator must not unfairly discriminate between industry participants in the terms and conditions on which the operator provides access to railway services.\n\t(3)\tAn operator must not unfairly discriminate between industry participants by—\n\t(a)\twaiving rights under access contracts or awards on a non-uniform basis; or\n\t(b)\tmaking a kick-back arrangement or arrangements (ie arrangements directly or indirectly returning a proportion of the consideration to which the operator is entitled under the contract or award to industry participants or their associates) on a non-uniform basis.\nExample—\nIf, for example, the operator provides railway services for an industry participant (A) at a discounted price, but does not give a corresponding discount to another industry participant (B) because B is a competitor of a body corporate associated with the operator, the discrimination would be unfair.\n\t(4)\tA person must not be a party to discrimination by an operator that is contrary to this section.\n\t(5)\tA person is a party to discrimination if the person—\n\t(a)\taids, abets, counsels or procures the discrimination; or\n\t(b)\tinduces the discrimination through threats or promises or in some other way; or\n\t(c)\tis knowingly concerned in the discrimination; or\n\t(d)\tconspires with the operator to discriminate.\n24—Preventing or hindering access to railway services\n\t(1)\tAn operator or industry participant, or a body corporate related to an operator or industry participant, must not engage in conduct for the purpose of preventing or hindering access to railway services.\nConduct includes negative conduct such as a failure or refusal to act or delay.\nThe purpose of conduct is to prevent or hinder access to railway services if that is one of the purposes of the conduct.\n\t(2)\tIn deciding a body corporate's purpose, the state of mind of directors, agents, employees and others who are in a position to control or influence the body corporate's conduct are to be imputed to the body corporate.\n25—Report to Minister\nIf the regulator considers that an operator or other person has contravened or failed to comply with this Division in any respect, the regulator must prepare a report on the matter and furnish it to the Minister.\nDivision 2—Appointment of administrator\n26—Appointment of administrator\n\t(1)\tIf an operator becomes insolvent, ceases to provide railway services or fails to make efficient and effective use of its railway infrastructure in the State, the Court may, on application by the regulator, appoint an administrator to take over the business of the operator in the State.\n\t(2)\tIn exercising its jurisdiction under this section, the Court is bound to apply principles and criteria agreed between the State and the operator or the State and a secured creditor of the operator affecting the basis on which the Court's jurisdiction will be invoked or exercised.\n\t(3)\tAn administrator appointed under this section—\n\t(a)\tis entitled to possession of the operator's assets in the State; and\n\t(b)\thas the powers conferred on the administrator by the Court.\n\t(4)\tThe Court may order that the costs of the administration be paid wholly or in part from the proceeds of the business.\n\t(5)\tThe Court may make any orders it considers necessary to facilitate an administration under this section.\nPart 4—Pricing principles and information relevant to access\nDivision 1—Pricing principles\n27—Pricing principles\n\t(1)\tThe regulator may establish principles (the pricing principles) for fixing a floor and ceiling price for the provision of railway services generally or railway services of a particular class.\n\t(2)\tThe floor price should reflect the lowest price at which the operator could provide the relevant services without incurring a loss and the ceiling price should reflect the highest price that could fairly be asked by an operator for provision of the relevant services.\n\t(3)\tThe pricing principles do not prevent an operator from entering into an access contract on terms that do not reflect the principles.\n\t(4)\tHowever, if in an arbitration the arbitrated price for services cannot be less than the floor price and cannot exceed the ceiling price.\nDivision 2—Information about access\n28—Information brochure\n\t(1)\tAn operator must, on the written application of an industry participant, provide an information brochure containing—\n\t(a)\tif the operator carries on the business of providing passenger or freight services—a statement of the terms and conditions on which the operator provides the services; and\n\t(b)\tthe terms and conditions on which the operator is prepared to make the operator's railway infrastructure available for use by others; and\n\t(c)\tother information required by the regulator.\n\t(2)\tThe information brochure must be provided within 30 days (or a longer period allowed by the regulator) after the operator receives the application.\n\t(3)\tThe information brochure must refer to any relevant pricing principles and show how the terms and conditions relate to, or compare with, relevant pricing principles.\n\t(4)\tThe form of the information brochure must comply with requirements imposed by the regulator.\n\t(5)\tThe operator must, within 14 days after providing an industry participant with the information brochure, give a copy to the regulator.\n\t(6)\tIf the operator fails to comply with this section in any respect, the operator is guilty of an offence.\nMaximum penalty: $20 000.\n29—Operator's obligation to provide information about access\n\t(1)\tAn operator must, on the application of a person with a proper interest in making an access proposal to the operator, provide the applicant with information reasonably requested by the applicant about—\n\t(a)\tthe extent to which the operator's railway infrastructure is currently being utilised; and\n\t(b)\tthe extent to which it would be necessary, and technically and economically feasible, to add to or extend the operator's railway infrastructure so that it could meet requirements stated in the application; and\n\t(c)\twhether the operator would be prepared to provide a service of a specified description and—\n\t(i)\tif so, the general terms and conditions (including an indication of the likely price) on which the operator would be prepared to provide the service; and\n\t(ii)\tif not, the reasons why the service cannot be provided.\n\t(2)\tThe operator may make a reasonable charge (to be determined on a basis decided or approved by the regulator) for providing information under this section.\n\t(3)\tIf the operator makes a charge for providing information under this section, the operator must give the regulator written notice of the amount of the charge and the nature of the information provided.\n30—Information to be provided on non-discriminatory basis\nAn operator must provide information to persons interested in making access proposals to the operator on a non-discriminatory basis.\nPart 5—Negotiation of access\n31—Access proposal\n\t(1)\tAn industry participant (the proponent) who wants access to a railway service, or who wants to vary an access contract in a significant way or to a significant extent, may put a written proposal (the access proposal) to the operator of the relevant railway infrastructure setting out—\n\t(a)\tthe nature and extent of the required access or variation; and\n\t(b)\tterms and conditions for the provision of access, or for making the variation, that the proponent considers reasonable and commercially realistic and to which the proponent is prepared to agree.\n\t(2)\tIf the implementation of an access proposal would require an addition or extension to the railway infrastructure, the access proposal may include a proposal for that addition or extension to railway infrastructure.\n\t(3)\tWhen the operator receives an access proposal, the operator must give written notice of the proposal to—\n\t(a)\tthe regulator; and\n\t(b)\tany industry participant whose interests could be affected by implementation of the proposal.\n\t(3a)\tDespite subsection (3)(a), notice is not required to be given to the regulator if the contract giving access to the service would, if executed—\n\t(a)\tbe of an annual value of less than $50 000; or\n\t(b)\tbe for a term of less than 2 months.\n\t(4)\tThe respondents to the proposal are—\n\t(a)\tthe operator; and\n\t(b)\tthe other industry participants entitled to notice of the proposal under subsection (3).\n32—Duty to negotiate in good faith\n\t(1)\tThe operator must negotiate in good faith with the proponent with a view to reaching agreement on whether the proponent's requirements as set out in the access proposal (or some agreed modification of the requirements) could reasonably be met, and, if so, the terms and conditions for the provision of access for the proponent.\n\t(2)\tThe other respondents (if any) whose rights (or prospective rights) would be affected by implementation of the access proposal must also negotiate in good faith with the proponent with a view to reaching agreement on the provision of access to the proponent and any consequent variation of their rights (or prospective rights) of access.\n33—Limitation on operator's right to contract to provide access\n\t(1)\tAn operator must not enter into an access contract unless—\n\t(a)\tthere is no other respondent to the proposal; or\n\t(b)\tall other respondents to the access proposal agree; or\n\t(c)\tthe operator gives the other respondents written notice of the proposed access contract and—\n\t(i)\tno formal objection to the proposed contract is made within 21 days of the notice; or\n\t(ii)\ta formal objection, or formal objections, are made within the 21 day period, but all objections are later withdrawn.\n\t(2)\tA respondent to an access proposal makes a formal objection to a proposed access contract by giving written notice setting out the grounds of the objection to—\n\t(a)\tthe proponent; and\n\t(b)\tthe respondent; and\n\t(c)\tthe other respondents to the access proposal.\n\t(3)\tA contract entered into in contravention of this section is void.\nPart 5A—Confidential information\n33A—Confidential information\n\t(1)\tInformation obtained under section 29 or Part 5 that—\n\t(a)\tcould affect the competitive position of a proponent or a respondent; or\n\t(b)\tis commercially valuable or sensitive for some other reason,\nis to be regarded as confidential information.\n\t(2)\tA person who obtains confidential information must not disclose that information unless—\n\t(a)\tthe disclosure is reasonably required for the purposes of this Act; or\n\t(b)\tthe disclosure is made with the consent of the person who supplied the information; or\n\t(c)\tthe disclosure is required or authorised by law; or\n\t(d)\tthe disclosure is required by a court or tribunal constituted by law; or\n\t(e)\tthe disclosure is in prescribed circumstances.\nMaximum penalty: $15 000.\n\t(3)\tA person who obtains confidential information must not (unless authorised by the person who supplied the information) use the information for a purpose which is not authorised or contemplated by this Act.\nMaximum penalty: $15 000.\n\t(4)\tSubsections (1), (2) and (3) do not prevent or restrict the disclosure of information to the regulator.\n\t(5)\tDespite subsections (1), (2) and (3), the regulator may, if the regulator considers it is in the public interest to do so, disclose confidential information to either or both of the following:\n\t(a)\tthe Minister;\n\t(b)\tthe public.\n\t(6)\tA person who obtains confidential information must not use the information for the purpose of securing an advantage for himself or herself or for some other person in competition with the person who provided the information.\nMaximum penalty: $100 000.\n\t(7)\tAn operator must, in connection with the operation of this section, develop and maintain a policy to ensure that confidential information obtained by the operator is not disclosed or used except as authorised by this section.\n\t(8)\tThe operator must provide a copy of a policy developed under subsection (7) to the regulator and to any other person who requests a copy from the operator.\nPart 6—Arbitration of access disputes\nDivision 1—Access disputes and requests for arbitration\n34—Access dispute\nAn access dispute exists if—\n\t(a)\tthe operator or another respondent to an access proposal fails to respond to the proposal within 30 days after the proposal is given to the operator or other respondent; or\n\t(b)\tthe operator or another respondent to an access proposal refuses or fails to negotiate in good faith with the proponent on the access proposal; or\n\t(c)\tthe proponent, after making reasonable attempts to reach agreement with the operator and other respondents, fails to obtain an agreement on the proposal or an agreed modification of the proposal; or\n\t(d)\ta respondent to an access proposal makes a formal objection to a proposed access contract of which notice has been given under Part 3.1\nNote—\n1\tSee section 33.\n35—Request for reference of dispute to arbitration\n\t(1)\tA proponent may, by written notice given to the regulator, ask the regulator to refer an access dispute to arbitration.\n\t(2)\tA copy of a notice under this section must be given to all respondents to the access proposal.\nDivision 2—Conciliation and reference to arbitration\n36—Conciliation and reference to arbitration\n\t(1)\tOn receipt of a request to refer an access dispute to arbitration, the regulator must (subject to this section)—\n\t(a)\tattempt to settle the dispute by conciliation; or\n\t(b)\tappoint an arbitrator and refer the dispute to the arbitrator.\n\t(2)\tIf the regulator fails to settle an access dispute by conciliation after making a reasonable attempt to do so, the regulator must then (subject to this section) appoint an arbitrator and refer the dispute to the arbitrator.\n\t(3)\tThe regulator is not obliged to refer the dispute to arbitration if, in the regulator's opinion—\n\t(a)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\tthe person seeking arbitration of the dispute has not negotiated in good faith; or\n\t(c)\tthe regulator is satisfied on the application of a party to the dispute that there are good reasons why the dispute should not be referred to arbitration.\n\t(4)\tA dispute cannot be referred to arbitration if—\n\t(a)\tthe dispute involves only one proponent and, before the appointment of the arbitrator, the proponent notifies the regulator that the proponent does not want to proceed with the arbitration; or\n\t(b)\tthe dispute involves two or more proponents and, before the appointment of the arbitrator, all proponents notify the regulator that they do not want to proceed with the arbitration.\n37—Appointment of arbitrator\n\t(1)\tAn arbitrator must be a person who is properly qualified to act in the resolution of the dispute and has no direct or indirect interest in the outcome of the dispute.\n\t(2)\tBefore appointing an arbitrator, the regulator must consult with each of the parties to the dispute and must attempt (but is not bound) to make an appointment that is acceptable to all parties.\nDivision 3—Principles of arbitration\n38—Principles to be taken into account\n\t(1)\tThe arbitrator must take into account—\n\t(a)\tthe objects of this Act; and\n\t(b)\tthe non-discrimination principles; and\n\t(c)\tthe operator's legitimate business interests and investment in railway infrastructure; and\n\t(d)\tthe cost to the operator of providing access as sought by the proponent (excluding costs arising from increased market competition); and\n\t(e)\tif applicable—the economic value to the operator of additional investment the proponent proposes to undertake; and\n\t(f)\tthe economically efficient operation of the railway infrastructure; and\n\t(g)\tthe pricing principles—\n\t(i)\trelating to the fixing of floor and ceiling prices specified in section 27; and\n\t(ii)\trelating to the price of access to a railway service specified in subsection (2); and\n\t(h)\tthe price of comparable services for other industry participants (including—if applicable—the operator itself); and\n\t(i)\tthe interests of industry participants whose interests may be affected by the proposal; and\n\t(j)\tthe contractual obligations of the operator and existing industry participants; and\n\t(k)\tthe operational requirements for the safe and reliable operation of the railway infrastructure; and\n\t(l)\tthe public interest in market competition; and\n\t(m)\trelevant technical and legal issues; and\n\t(n)\tother matters the arbitrator considers appropriate.\n\t(2)\tThe pricing principles relating to the price of access to a railway service are as follows:\n\t(a)\tthat access prices should allow multi‑part pricing and price discrimination when it aids efficiency;\n\t(b)\tthat access prices should not allow a vertically integrated operator to set terms and conditions that would discriminate in favour of its downstream operations, except to the extent that the cost of providing access to others would be higher;\n\t(c)\tthat access prices should provide incentives to reduce costs or otherwise improve productivity.\nDivision 4—Parties to arbitration\n39—Parties to arbitration\n\t(1)\tThe parties to an arbitration are—\n\t(a)\tthe proponent and respondents to the access proposal; and\n\t(b)\tany other person who has, in the regulator's opinion a material interest in the outcome of the arbitration and is nominated by the regulator as a party to the arbitration; and\n\t(c)\tany other person who is joined by the arbitrator as a party to the arbitration.\n\t(2)\tHowever, a party whose interests are unlikely to be materially affected by the outcome of the arbitration may, by leave of the arbitrator, withdraw from the arbitration.\n40—Representation\nA party may be represented in the arbitration proceedings by a lawyer or, by leave of the arbitrator, another representative.\n41—Minister's right to participate\n\t(1)\tThe Minister may participate in arbitration proceedings under this Act.\n\t(2)\tIf the Minister participates, the Minister may call evidence and make representations on the questions subject to the arbitration.\nDivision 5—Conduct of arbitration proceedings\n42—Arbitrator's duty to act expeditiously\nAn arbitrator must proceed with the arbitration as quickly as the proper investigation of the dispute, and the proper consideration of all matters relevant to the fair determination of the dispute, allow.\n43—Hearing to be in private\n\t(1)\tArbitration proceedings must be conducted in private unless all parties agree to have the proceedings (or part of the proceedings) conducted in public.\n\t(2)\tAn arbitrator may give directions about who may be present at arbitration proceedings conducted in private.\n\t(3)\tIn giving directions under subsection (2), the arbitrator must have regard to the wishes of the parties and the need for commercial confidentiality.\n\t(4)\tA person must comply with a direction under subsection (2).\nMaximum penalty: $15 000.\n44—Procedure on arbitration\n\t(1)\tAn arbitrator—\n\t(a)\tis not bound by technicalities, legal forms or rules of evidence; and\n\t(b)\tmay obtain information on matters relevant to the dispute in any way the arbitrator thinks appropriate.\nThe arbitrator may, for example, conduct proceedings by—\n\t•\ttelephone; or\n\t•\tclosed circuit television; or\n\t•\tother means of communicating at a distance.\n\t(2)\tAn arbitrator may require the presentation of evidence or argument in writing and may decide matters on which the arbitrator will hear oral evidence or argument.\n45—Procedural powers of arbitrator\n\t(1)\tAn arbitrator may—\n\t(a)\tgive procedural directions;\n\t(b)\tmake orders requiring—\n\t(i)\tthe delivery of documents clarifying the issues between the parties;\n\t(ii)\tthe discovery and inspection of documents;\n\t(c)\tsit at any time or place;\n\t(d)\tadjourn the arbitration proceedings from time to time and from place to place;\n\t(e)\trefer a matter to an expert for report, and accept the expert's report in evidence;\n\t(f)\tdo anything else necessary for the expeditious hearing and determination of the dispute.\n\t(2)\tAn arbitrator may proceed with arbitration proceedings in the absence of a party if the party has been given notice of the proceedings.\n\t(3)\tAn arbitrator may engage a lawyer to provide advice on the conduct of the arbitration and to assist the arbitrator in drafting the award.\n46—Giving of relevant documents to the arbitrator\nA party to the arbitration may give the arbitrator a copy of all documents (including confidential documents) the party considers to be relevant to the dispute.\n47—Power to obtain information and documents\n\t(1)\tIf an arbitrator has reason to believe that a person is in a position to give information, or to produce documents, that may be relevant to the dispute, the arbitrator may, by written notice—\n\t(a)\trequire the person within a period stated in the notice—\n\t(i)\tto give the arbitrator a written statement of specified information; or\n\t(ii)\tto produce to the arbitrator specified documents or copies of specified documents; or\n\t(b)\trequire the person to appear before the arbitrator at a specified time and place to give evidence.\n\t(2)\tA written statement must, if the arbitrator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate.\n\t(3)\tIf documents (whether originals or copies) are produced to an arbitrator, the arbitrator may—\n\t(a)\ttake possession of, make copies of, and take extracts from, the documents; and\n\t(b)\tkeep the documents for as long as is necessary for the purposes of the arbitration.\n\t(4)\tA person must—\n\t(a)\tcomply with a requirement of the arbitrator under subsection (1) or (2); and\n\t(b)\tif the person is required to appear as a witness before the arbitrator—comply with further requirements to make an oath or affirmation, or to answer questions.\nMaximum penalty: $15 000.\n\t(5)\tHowever, a person need not give information or produce a document if—\n\t(a)\tthe information or the contents of the document is the subject of legal professional privilege, or would tend to incriminate the person of an offence; and\n\t(b)\tthe person objects to giving the information or producing the document by giving written notice of the ground of the objection to the arbitrator or, if the person is appearing as a witness before the arbitrator, by an oral statement of the ground of objection.\n48—Confidentiality of information\n\t(1)\tA person who gives the arbitrator information, or produces documents, may ask the arbitrator to keep the information or the contents of the documents confidential.\n\t(2)\tThe arbitrator may, after considering representations from the parties (or the other parties), impose conditions limiting access to, or disclosure of, the information or documentary material.\n\t(3)\tA person must not contravene a condition imposed under subsection (2).\nMaximum penalty: $60 000.\nDivision 6—Early termination of arbitration\n49—Termination of arbitration in cases of triviality etc\n\t(1)\tThe arbitrator may terminate an arbitration if the arbitrator thinks—\n\t(a)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\tthe person on whose application the dispute was referred to arbitration has not engaged in negotiations in good faith.\n\t(2)\tThe arbitrator may terminate an arbitration by consent of the parties.\n50—Proponent's right to terminate arbitration\n\t(1)\tIf an arbitration involves only one proponent, the proponent may terminate the arbitration, and if it involves two or more proponents, the proponents may together terminate the arbitration.\n\t(2)\tThe arbitration is terminated under this section by giving notice of termination to—\n\t(a)\tthe arbitrator and the regulator; and\n\t(b)\tthe other parties to the arbitration.\nDivision 7—Awards\n50A—Time limit for arbitration\n\t(1)\tAn award must be made within the period of 6 months from the date on which the dispute is referred to arbitration (the standard period).\n\t(2)\tHowever, if after the commencement of the standard period the arbitrator exercises a power under this Part in relation to the provision of information or documents, any period between the date of the exercise of the power and the date of compliance is not to be taken into account when determining the end date of the standard period.\n51—Awards\n\t(1)\tBefore the arbitrator makes an award, the arbitrator must give each of the parties and the Minister a copy of the draft award and may take into account representations that any of them may make on the proposed award.\n\t(2)\tAn award must—\n\t(a)\tbe in writing; and\n\t(b)\tset out the reasons on which it is based.\n\t(3)\tIf an award confers a right of access, it must—\n\t(a)\tstate the period for which the proponent is entitled to access; and\n\t(b)\tstate the terms and conditions on which the proponent is to have access; and\n\t(c)\tresolve, or provide for the resolution of, all related and incidental matters.\n\t(4)\tThe arbitrator must, within seven days after an award is made (including an award made by consent), give a copy of the award to—\n\t(a)\tthe regulator; and\n\t(b)\tthe parties to the arbitration.\n52—Restrictions on awards\n\t(1)\tAn arbitrator cannot make an award that would have the effect of requiring the operator to bear any of the capital cost of any addition or extension to railway infrastructure unless the operator agrees.\n\t(2)\tAn arbitrator cannot make an award that would prejudice the rights of an existing industry participant under an earlier contract or award unless—\n\t(a)\tthe industry participant agrees; or\n\t(b)\tthe arbitrator is satisfied that—\n\t(i)\tthe industry participant's entitlement to access exceeds the entitlement that the participant actually needs and there is no reasonable likelihood that the participant will need to use the excess entitlement; and\n\t(ii)\tthe proponent's requirements cannot be satisfactorily met except by transferring the excess entitlement (or some of it) to the proponent.\n53—Consent awards\nIf—\n\t(a)\tthe parties to an arbitration consent to a proposed award; and\n\t(b)\tthe arbitrator is satisfied that the award is appropriate in the circumstances,\nthe arbitrator may make an award in the terms proposed.\nDivision 8—Withdrawal from award\n54—Proponent's option to withdraw from award\n\t(1)\tA proponent may, within seven days after the making of an award or such further time as the regulator may allow, elect not to be bound by the award by giving written notice of the election to the regulator.\n\t(2)\tThe regulator must, within seven days after receiving a notice of election under subsection (1), notify the operator and the other parties to the arbitration.\n\t(3)\tIf the proponent elects not to be bound by an award—\n\t(a)\tthe award is rescinded; and\n\t(b)\tthe proponent is precluded from making another access proposal for 12 months from the date the notice of election was given unless the regulator authorises a further access proposal within that period.\n\t(4)\tAn authorisation under subsection (3)(b) may be given on conditions the regulator considers appropriate.\nDivision 9—Variation or revocation of awards\n55—Variation or revocation of award\n\t(1)\tThe regulator may vary or revoke an award if all parties to the award agree.\n\t(2)\tIf the parties are unable to agree on a proposed variation of an award, the regulator may, on the application of one or more of the parties, refer the dispute to arbitration.\n\t(3)\tHowever, the regulator will not refer the dispute to arbitration if the regulator is of the opinion that there is no sufficient reason for varying the award.\n\t(4)\tIn deciding whether to refer a dispute to arbitration under this section, the regulator must have regard to—\n\t(a)\twhether there has been a material change in circumstances since the award was made or last varied; and\n\t(b)\tthe nature of the matters in dispute; and\n\t(c)\tthe time that has elapsed since the award was made or last varied; and\n\t(d)\tother matters the regulator considers relevant.\n\t(5)\tThe provisions of this Part (other than Division 8) about the arbitration of a dispute arising from an access proposal apply with necessary modifications to a dispute about the proposed variation of an award.\nDivision 10—Miscellaneous\n56—Appeal on question of law\n\t(1)\tAn appeal lies to the Court from an award, or a decision not to make an award, on a question of law.\n\t(2)\tOn an appeal, the Court may exercise one or more of the following powers—\n\t(a)\tvary the award or decision;\n\t(b)\trevoke the award or decision;\n\t(c)\tmake an award or decision that should have been made in the first instance;\n\t(d)\tremit the matter to the arbitrator for further consideration or re-consideration;\n\t(e)\tmake incidental or ancillary orders (including orders for costs).\n\t(3)\tAn award or decision of an arbitrator cannot be challenged or called in question except by appeal under this section.\n\t(4)\tUnless the Court specifically decides to suspend the operation of an award until the determination of the appeal, an appeal does not suspend the operation of an award.\n57—Costs\n\t(1)\tThe costs of an arbitration are to be borne by the parties in proportions decided by the arbitrator, and in the absence of a decision by the arbitrator, in equal proportions.\n\t(2)\tHowever, if the proponent terminates an arbitration or elects not to be bound by an award, the proponent must bear the costs in their entirety.\n\t(3)\tThe regulator may recover the costs of an arbitration as a debt.\n58—Removal and replacement of arbitrator\n\t(1)\tThe regulator may remove an arbitrator from office if the arbitrator—\n\t(a)\tbecomes mentally or physically incapable of carrying out the arbitrator's duties satisfactorily; or\n\t(b)\tis convicted of an indictable offence; or\n\t(c)\tbecomes bankrupt or applies to take the benefit of a law for the benefit of bankrupt or insolvent debtors.\n\t(2)\tIf an arbitrator resigns, is removed from office, or dies, the regulator may appoint another person to take the arbitrator's place.\n59—Non-application of Commercial Arbitration Act 1986\nThe Commercial Arbitration Act 1986 does not apply to an arbitration under this Part.\nPart 7—Monitoring powers\n60—Regulator's power to monitor costs\n\t(1)\tThe regulator may, by written notice to an operator, require the operator to provide, within a period stated in the notice, specified information relevant to monitoring the costs of railway services provided by the operator.\n\t(2)\tAn operator must comply with a requirement imposed under this section.\nMaximum penalty: $60 000.\n61—Copies of access contracts to be supplied to regulator\nAn operator must provide the regulator, on a confidential basis, with a copy of every access contract made with the operator—\n\t(a)\tif the contract was made before the commencement of this Part—within 30 days after the commencement of this Part; and\n\t(b)\tif the contract is made after the commencement of this Part—within 30 days after the making of the contract.\nMaximum penalty: $60 000.\n62—Operator's duty to supply information and documents\n\t(1)\tThe regulator may, by written notice, require an operator to give the regulator, within a stated time or at stated intervals, specified information or copies of specified documents related to the provision of railway services by the operator.\nExamples—\nThe regulator might require the operator to provide the regulator with financial statements and reports referred to in section 316 of the Corporations Law together with any further information that might be necessary to enable the regulator to assess the impact of this Act on the operator's financial position and business interests.\nThe regulator might require the operator to provide the regulator with periodic reports on the extent to which transactions that were not entered into at arm's length are affecting the operator's financial position.\n\t(2)\tAn operator must not, without reasonable excuse, contravene, or fail to comply with, a notice under this section.\nMaximum penalty: $60 000.\n63—Confidentiality\n\t(1)\tThe regulator must maintain the confidentiality of confidential information obtained under this Part.\n\t(2)\tHowever, the regulator may disclose confidential information to the Minister if it is in the public interest to do so.\n64—Duty to report to the Minister\nThe regulator must, at the request of the Minister, report to the Minister on—\n\t(a)\tthe costs of railway services; or\n\t(b)\tany aspect of the operation of this Act.\nPart 8—Enforcement of this Act\n65—Injunctive remedies\n\t(1)\tThe Court may grant an injunction—\n\t(a)\trestraining a person from contravening a provision of this Act or a provision of an award; or\n\t(b)\trequiring a person to comply with a provision of this Act or a provision of an award.\n\t(2)\tThe power of the Court to grant an injunction restraining a contravention of a provision of this Act or an award may be exercised—\n\t(a)\twhether or not the defendant has previously contravened the same provision; and\n\t(b)\twhether or not there is imminent danger of substantial damage to any person.\n\t(3)\tThe power of the Court to grant an injunction requiring compliance with a provision of this Act or an award may be exercised—\n\t(a)\twhether or not the defendant has previously failed to comply with the provision; and\n\t(b)\twhether or not there is imminent danger of substantial damage to any person.\n\t(4)\tThe Court may grant an interim injunction under this section.\n\t(5)\tAn application for an injunction under this section may be made by—\n\t(a)\tthe regulator; or\n\t(b)\ta person with a proper interest in whether the relevant provision is complied with.\n\t(6)\tThe Court may grant an injunction by consent without inquiring into the merits of the application.\n\t(7)\tIf the regulator makes an application for an injunction, the Court cannot require the regulator or any other person to give an undertaking as to damages as a condition of granting the injunction.\n\t(8)\tThe Court may, on application by the regulator or an interested party, discharge or vary an injunction.\n66—Compensation\n\t(1)\tIf a person contravenes a provision of this Act or an award, the Court may, on application by the regulator or an interested person, order compensation of persons who have suffered loss or damage as a result of the contravention.\n\t(2)\tAn order may be made under this section against the person who contravened the provision and others involved in the contravention.\n\t(3)\tA person is involved in the contravention if the person—\n\t(a)\taided, abetted, counselled or procured the contravention; or\n\t(b)\tinduced the contravention through threats or promises or in some other way; or\n\t(c)\twas knowingly concerned in, or a party to, the contravention; or\n\t(d)\tconspired with others to contravene the provision.\n67—Enforcement of arbitrator's requirements\n\t(1)\tIf a person fails to comply with an order, direction or requirement of an arbitrator under this Act, the arbitrator may certify the failure to the Court.\n\t(2)\tThe Court may inquire into the case and make such orders as may be appropriate in the circumstances.\nPart 9—Regulations and proclamations\n68—Regulations and proclamations\n\t(1)\tThe Governor may make regulations and proclamations for the purposes of this Act.\n\t(2)\tA proclamation (other than a proclamation made for the purpose of bringing this Act into operation) may be varied or revoked by a subsequent proclamation.\n\t(3)\tA regulation—\n\t(a)\tmay establish evidentiary presumptions to facilitate the enforcement of this Act (or a regulation or by-law under this Act);\n\t(b)\tmay prescribe a fine (not exceeding $2 500) for contravention of the regulation.\nSchedule 1—Transitional provision\n1—Transitional provision\n\t(1)\tRailway infrastructure placed on, over, under, along or across a road before the commencement of this clause—\n\t(a)\twill be taken to have been validly constructed (without the need for any further consent or other form of authorisation and despite any other Act or law); and\n\t(b)\twill, from the commencement of this clause, be subject to the operation of Part 2 Division 3.\n\t(2)\tIn this clause—\nroad means a road within the meaning of section 12 or 13.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1997\n55\n Railways (Operations and Access) Act 1997\n31.7.1997\n11.9.1997 (Gazette 11.9.1997 p704)\n2000\n42\n Alice Springs to Darwin Railway (Miscellaneous) Amendment Act 2000\n13.7.2000\n21.12.2000 (Gazette 21.12.2000 p3688)\n2001\n18\n Statutes Amendment (Gambling Regulation) Act 2001\n31.5.2001\nPt 9 (ss 48 & 49)—1.10.2001 (Gazette 13.9.2001 p4116)\n2005\n16\n Railways (Operations and Access) (Regulator) Amendment Act 2005\n26.5.2005\n1.7.2005 (Gazette 30.6.2005 p2094)\n2007\n46\n Rail Safety Act 2007\n8.11.2007\nSch 3 (cll 2 & 3)—29.9.2008 (Gazette 25.9.2008 p4575)\n2009\n51\n Rail Commissioner Act 2009\n5.11.2009\nSch 1 (cll 2 & 3)—3.12.2009 (Gazette 3.12.2009 p5980)\n2010\n10\n Railways (Operations and Access) (Miscellaneous) Amendment Act 2010\n5.8.2010\n1.9.2010 (Gazette 26.8.2010 p4417)\n2011\n42\n Railways (Operations and Access) (Access Regime Review) Amendment Act 2011\n17.11.2011\n3.2.2012 (Gazette 2.2.2012 p456)\n2012\n14\n Rail Safety National Law (South Australia) Act 2012\n10.5.2012\ns 35—20.1.2013 (Gazette 13.12.2012 p5534)\n2019\n25\n Statutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 40 (s 82)—3.10.2019: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nPt 1 Div 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2005\nPt 1 Div 2\n\n\ns 3\namended by 10/2010 s 4\n1.9.2010\nPt 1 Div 3\n\n\ns 4\n\n\npricing principles\nsubstituted by 10/2010 s 5(1)\n1.9.2010\nrailway infrastructure\nsubstituted by 10/2010 s 5(2)\n1.9.2010\n\namended by 14/2012 s 35\n20.1.2013\nregulator\nsubstituted by 16/2005 s 4\n1.7.2005\ntraffic control device\ndeleted by 46/2007 Sch 3 cl 2\n29.9.2008\nPt 1 Div 4\n\n\ns 7\n\n\ns 7(3)\ninserted by 42/2000 s 8(a)\n21.12.2000\ns 7A\ninserted by 42/2011 s 4\n3.2.2012\ns 7A(2)\nsubstituted by 25/2019 s 82\n3.10.2019\nPt 1 Div 6\nsubstituted by 16/2005 s 5\n1.7.2005\nPt 2\n\n\nPt 2 Div 3\ndeleted by 46/2007 Sch 3 cl 3\n29.9.2008\n\ninserted by 51/2009 Sch 1 cl 2\n3.12.2009\nPt 2 Div 5\n\n\ns 15\nsubstituted by 42/2000 s 8(b)\n21.12.2000\nPt 2 Div 7\n\n\ns 18\n\n\ns 18(2)\namended by 18/2001 s 48\n1.10.2001\ns 19\n\n\ns 19(2)\namended by 18/2001 s 49\n1.10.2001\nPt 3\n\n\ns 21\ndeleted by 10/2010 s 6\n1.9.2010\ns 22\n\n\ns 22(1a)\ninserted by 10/2010 s 7\n1.9.2010\nPt 5\n\n\ns 31\n\n\ns 31(3a)\ninserted by 10/2010 s 8\n1.9.2010\nPt 5A\ninserted by 10/2010 s 9\n1.9.2010\nPt 6\n\n\ns 38\n\n\ns 38(1)\namended by 10/2010 s 10(1), (2)\n1.9.2010\ns 38(2)\nsubstituted by 10/2010 s 10(3)\n1.9.2010\ns 50A\ninserted by 10/2010 s 11\n1.9.2010\nSch 1\ninserted by 51/2009 Sch 1 cl 3\n3.12.2009\nHistorical versions\nReprint No 1—21.12.2000\n\nReprint No 2—1.10.2001\n\n1.7.2005\n\n29.9.2008\n\n3.12.2009\n\n1.9.2010\n\n3.2.2012\n\n20.1.2013\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1997 Act focused on railway operations and access. However, amendments have significantly expanded scope: (1) 2005 amendments transferred regulatory functions to the Essential Services Commission; (2) 2010 amendments added Part 5A on confidential information, expanded pricing principles, and added detailed accounting segregation requirements; (3) 2011 amendments added the sunset review mechanism (section 7A); (4) 2009 amendments inserted Schedule 1 transitional provisions for existing infrastructure. The access regime has also been made explicitly temporary and subject to periodic review, changing it from a permanent feature to a contingent one requiring active renewal."},"complexity_factors":["68 defined terms in section 4, including nested definitions (e.g., 'railway infrastructure' excludes private sidings unless prescribed, and 'rail corridor' has multiple inclusions and exclusions)","Extensive cross-referencing between Parts, particularly between the access negotiation rules (Part 5), arbitration procedures (Part 6), and pricing principles (Part 4)","Conditional application of the Act: the access regime only applies to railways declared by proclamation (section 7), with specific exclusion for the AustralAsia Railway (section 7(3))","Complex arbitration framework with 10 divisions in Part 6, including time limits (section 50A), restrictions on awards (section 52), withdrawal rights (section 54), and variation procedures (section 55)","Multiple exceptions and qualifications: e.g., confidential information rules (Part 5A) have 6 separate disclosure exceptions and 3 offence provisions with different penalties","Nested conditional logic in section 23 (unfair discrimination) with examples that create legal tests based on corporate relationships and pricing arrangements","Interplay with other legislation: explicit non-application of Commercial Arbitration Act 1986 (section 59), modifications to Liquor Licensing Act 1985 (section 18), and Land Acquisition Act 1969 (section 10)","Sunset/review mechanism in section 7A with specific dates and 5-yearly review cycles creating temporal conditionality"],"plain_english_summary":"This is South Australia's main law governing how railways operate and how other companies can get access to use railway tracks and services.\n\n**What it does:**\nThe Act has two main jobs. First, it sets rules for building and running railways in South Australia—including land acquisition, operating across public roads, and safety exemptions. Second, and most importantly, it creates a system where independent rail operators can negotiate fair terms to use each other's tracks (called \"third party access\"), with arbitration if they can't agree.\n\n**Who it affects:**\n- **Railway operators**—companies that own or run trains and tracks\n- **Industry participants**—anyone wanting to run trains on existing tracks (like freight companies or passenger services)\n- **The Regulator**—the Essential Services Commission, which monitors compliance and appoints arbitrators\n- **The Minister**—who oversees the system and can authorise things like selling alcohol on trains\n\n**Key features:**\n- **Access regime**: Parts 3–8 create a detailed process for negotiating track access, including mandatory good faith bargaining, pricing principles (floor and ceiling prices), and binding arbitration if negotiations fail\n- **Non-discrimination rules**: Operators can't play favourites—they must treat all access seekers fairly\n- **Pricing oversight**: The regulator sets principles to stop operators charging unfair prices, especially if they also run their own competing services\n- **Arbitration system**: Independent arbitrators can resolve disputes, with appeals to the Supreme Court on legal questions\n- **Sunset clause**: The access regime automatically expires every 5 years unless reviewed and extended (currently set to expire 30 October 2015 and every 5 years after, unless extended)\n\n**Why it matters:**\nThis law prevents railway monopolies. Without it, a company owning the only tracks to a mine or port could block competitors or charge extortionate fees. The Act ensures efficient use of existing infrastructure and promotes competition in rail transport while letting operators recover fair costs."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed — the legislative text was not retrievable. The source URL returned a page error, providing no substantive content to analyse. This field reflects the absence of data rather than a confirmed finding."},"complexity_factors":["No legislative text was available for analysis — only a 'Page Not Found' error page was provided","Cannot assess definitively — score of 3 reflects that rail access/operations legislation is typically moderately complex due to economic regulation, third-party access regimes, and technical definitions, but this is an informed estimate only","Rail access regimes generally involve multiple interacting parts: access contracts, dispute resolution, pricing frameworks, and safety obligations","Unable to assess amendment history, cross-references to other Acts, or regulatory instruments"],"plain_english_summary":"The Act governs who may operate trains on South Australian networks, how third parties can gain access to rail infrastructure, and the safety, operational and regulatory framework for those activities. \n\nIt affects railway operators, freight companies, passengers and anyone seeking commercial use of SA rail; retrieve the current legislative text before relying on this summary."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s substantive reach is deliberately variable: the Governor can exclude specific railways or proclaim which operators/services are subject to the access regime (s6, s7). The regulator must review the declared access regime periodically and the regime will expire unless extended (s7A). Consequently the population of operators and services covered—and therefore the obligations and dispute-resolution pathways in Parts 3–8—can expand or contract over time by proclamation and regulation (s6, s7, s7A)."},"complexity_factors":["Proclamatory scope: application of the access regime and exclusions can be changed by Governor proclamation (s6, s7).","Periodic review and automatic expiry mechanism for the access regime requiring regulator review and possible extension by regulation (s7A).","Multiple layers of discretion: Ministerial consents for land, road use, temporary road closures and authorisations for liquor/gambling (ss10, 12–13A, 18–19).","Regulator discretion to decline arbitration (e.g. trivial or not negotiated in good faith) and to appoint/remove arbitrators (ss36(3), 37, 58).","Detailed arbitration regime with strict private procedure, time limits and statutory powers to compel documents and evidence (Parts 6 Divs 2–5; ss44, 47, 50A).","Interlocking pricing and economic tests: pricing principles, floor/ceiling rules, multi-part pricing and non-discrimination constraints (ss27, 38).","Reporting, monitoring and confidentiality obligations with significant penalties and regulator powers to demand contracts and cost data (ss28–30, 60–63; penalties in ss28, 47, 60, 61, 62).","Separation and accounting requirements for vertically integrated operators and limits on discriminatory behaviour (ss22, 23, 38(2)(b)).","Enforcement options including injunctions, compensation and court enforcement of arbitrator certificates (ss65–67).","Complex interactions between contractual rights, existing access entitlements and arbitrator limits on reallocating capital costs (ss51–52)."],"plain_english_summary":"This Act sets the rules for who can use railways in South Australia and on what terms. It requires operators to provide access information, negotiate in good faith, and—if negotiations fail—submit disputes to a prescribed arbitration process, while a regulator monitors compliance and can seek court remedies. It affects railway operators, users seeking access, the Essential Services Commission (as regulator), the Minister and the Governor, and matters because it fixes how access, pricing limits, confidentiality, monitoring and enforcement are administered."}},"importantCases":[],"_links":{"self":"/api/acts/railways-operations-and-access-act-1997","history":"/api/acts/railways-operations-and-access-act-1997/history","analysis":"/api/acts/railways-operations-and-access-act-1997/analysis","conflicts":"/api/acts/railways-operations-and-access-act-1997/conflicts","importantCases":"/api/acts/railways-operations-and-access-act-1997/important-cases","documents":"/api/acts/railways-operations-and-access-act-1997/documents"}}