Schedule 5—Miscellaneous provisions

Part 1—Certain assets not to be fixtures

1 Certain assets not to be fixtures

(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.

Note: An asset may be specified by name, by inclusion in a specified class or in any other way.

(2) The declaration has effect accordingly.

Part 2—Access to railways for defence‑related purposes etc.

2 Access to railways for defence‑related purposes and for emergency or disaster relief

(1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:

(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or

(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.

(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.

(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.

(4) A person must comply with a notice given to it under subitem (1).

(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.

(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.

(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.

(8) In this item:

Commission means the Australian National Railways Commission.

railway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.

defence‑related purpose means a purpose related to any of the following:

(a) the defence of Australia;

(b) the operation of the Australian Defence Force in connection with the defence of Australia;

(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;