Div 2The regulator

Division 2 The regulator 5 The regulator The Essential Services Commission established under the Essential Services Commission Act 2002 of South Australia is the regulator under this Code (and may exercise and perform the powers and functions of the regulator under this Code for the purposes of both the law of the Northern Territory and the law of South Australia). 6 Powers and functions of regulator (1) The following functions are assigned to the regulator: (a) to monitor and enforce compliance with this Code; and (b) such other functions as are contemplated for the regulator under this Code. (2) The regulator has such powers as are necessary to enable him or her to carry out the functions assigned to the regulator under this Code. 7 Regulator to report to Ministers The regulator must, on or before 30 September in every year, forward to the Northern Territory Minister and the South Australian Minister a report of the work carried out by the regulator under this Code for the financial year ending on the preceding 30 June. 8 Public consultation (1) The regulator must undertake a public consultation process whenever the regulator: (a) is undertaking a review under clause 50; or (b) is considering the adoption of a guideline, or the adoption of a variation to a guideline, under this Code. (2) A public consultation process under subclause (1) must provide for: (a) the publication in a newspaper circulating generally in Australia of a notice describing the matter under consideration and inviting interested persons to make submissions in relation to the matter within a period stated in the notice; and

AustralAsia Railway (Third Party Access) Act 1999 8 (b) the consideration by the regulator of any submissions made in response to an invitation under paragraph (a), (and may include other consultation processes considered appropriate by the regulator). Part 2 Access to railway infrastructure services Division 1 Negotiation of access 9 Obligation of access provider to provide information about access (1) The access provider must, on application of any person, provide the person with information reasonably requested by the person about: (a) the extent to which the access provider’s railway infrastructure facilities are currently being used; (b) technical details and requirements of the access provider, such as axle load data, clearance and running speeds; (c) time-path allocation and reallocation policies for the railway; (d) service quality and train management standards; and (e) relevant prices and costs associated with railway infrastructure services provided by the access provider, prepared by the access provider for reference purposes in accordance with guidelines developed and published by the (2) The access provider may make a reasonable charge (to be determined on a basis decided or approved by the regulator) for providing information under this clause. (3) The access provider must, for the purposes of subclause (1)(c) and (d), develop and maintain time-path allocation and reallocation policies and service quality and train management standards in accordance with principles contained in guidelines developed and published by the regulator.