38ADefinitions

38A Definitions

In this Part—

S. 38A def. of access provider amended by No. 41/2019 s. 117(Sch. 1 item 10.1(a)).

access provider means any of the following persons if they provide, or are capable of providing, a declared rail transport service—

(b) an accredited person within the meaning of the Rail Safety National Law (Victoria);

(d) a rail infrastructure manager within the meaning of the Rail Safety National Law (Victoria) who is registered under Division 5 of Part 3 of that Law;

(e) the Southern Cross Station Authority;

(f) the Crown;

(g) a related body corporate of a person referred to in paragraphs (a) to (e);

(h) any other person declared by Order in Council under section 38D to be an access provider;

access regime dispute has the meaning given by section 38ZA;

S. 38A def. of access seeker substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(b)).

access seeker means an accredited person within the meaning of the Rail Safety National Law (Victoria) who wants to be provided a declared rail transport service by an access provider;

capacity, in relation to a declared rail network, means the capability of the declared rail network, when used, to provide declared rail transport services;

declared rail network means the rail infrastructure used to provide declared rail transport services;

declared rail transport service means a rail transport service declared by an Order under section 38E;

independent panel means an independent panel constituted under section 38ZC;

operate has the meaning given by section 38B;

penalty provision means any of the following sections—

(a) section 38ZJ(2);

(b) section 38ZP(1);

(c) section 38ZP(2);

principle of passenger priority means the principle set out in section 38G;

rail access agreement content order means an Order under section 38O;

rail access guidelines means guidelines prepared under section 38H and includes any amendment to guidelines prepared under that section;