10Access proposal

10 Access proposal (1) A person (the access seeker) who wants access to a railway infrastructure 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 access provider setting out: (a) the nature and extent of the required access or variation; and (b) any other information relevant to formulating a response to the access proposal, including information relevant to determining the price to be charged for access or on account of the variation (as the case may be). (2) If the implementation of an access proposal would require an expansion or extension of railway infrastructure facilities, the access proposal may include a proposal for the expansion or extension of the infrastructure facilities. (2a) An access proposal may involve: (a) a proposal relating to one or more freight services or passenger services and one or more time paths for such services; and (b) a person other than the access seeker who will ultimately require the railway infrastructure services which are the subject of the access request. (3) The access provider may, within 21 days after receiving an access proposal, request further information from the access seeker as the access provider may reasonably require to enable the access provider to consider the access proposal. (4) The access provider must, within 21 days after receiving an access proposal or if, within that period, the access provider has requested further information under subclause (3), within 21 days after receiving the information: (a) give written notice of the proposal to: (i) the regulator; and (ii) any access holder whose rights under an existing access contract or award would be affected by implementation of the proposal;

AustralAsia Railway (Third Party Access) Act 1999 10 (b) provide to the access seeker the name and contact details of any access holder whose rights under an existing access contract or award would be affected by implementation of the proposal; and (c) provide to the access seeker an indication (even if only a preliminary indication) of the terms and conditions on which the access provider would be prepared to grant access or to make the variation. (5) It is sufficient compliance with subclause (4)(a)(ii) if a notice indicating that the access provider has received the access proposal, and the name of the access seeker, is published in a newspaper circulating in the Northern Territory and South Australia. (5a) A written notice under subclause (4)(a)(ii) will be limited to providing the name and contact details of the access seeker and technical details concerning the nature and extent of the required access or variation. (6) The respondents to the proposal are: (a) the access provider; and (b) any access holder whose rights under an existing access contract or award would be affected by implementation of the proposal.