21Matters arbitrator must take into account

21 Matters arbitrator must take into account (1) The arbitrator must take the following matters into account in making an award: (a) the legitimate business interests of the access provider, and the access provider’s investment in the railway generally; (b) the initial capital cost of the railway infrastructure facilities (including the cost of the rail corridor), the degree of economic risk of the project, and the need for a fair return on the access provider’s investment having regard to those costs and that risk; (c) the cost to the access provider of providing access, including any costs of extending the railway infrastructure facilities, but not costs associated with losses arising from increased competition in upstream or downstream markets; (d) the public interest, including the public interest in having competition in markets; (e) the interests of all access holders and other persons who have rights to use the railway infrastructure facilities, including all firm and binding contractual obligations; (ea) in relation to an interface issue involving a corresponding access regime – the interests of the access seeker in having efficient access to the railway; (f) the pricing principles; (g) the economic value to the access provider of extensions to the railway infrastructure facilities, the cost of which is borne by someone else, and any additional investment that the access seeker or access provider has agreed to undertake;

AustralAsia Railway (Third Party Access) Act 1999 20 (h) the operational and technical requirements necessary for the safe and reliable operation of the railway infrastructure facilities; (i) the economically efficient operation of the railway infrastructure facilities, (and may take into account any other matters, not inconsistent with the matters referred to above, that the arbitrator thinks are relevant). (2) Subclause (1)(b) must be read in a manner that is not inconsistent with the principles set out in clause 6(4)(i) of the Competition Principles Agreement referred to in the Competition and Consumer Act 2010 (Cth).