38JInitial specification of rail access maximum prices

38J Initial specification of rail access maximum prices

S. 38J(1) amended by No. 19/2022 s. 77(a).

(1) The Minister, by notice published in the Government Gazette, may specify maximum prices for declared rail transport services provided by an access provider by means of a declared rail network for a financial year.

(2) For the purpose of specifying maximum prices under subsection (1), the Minister must have regard to—

(a) the costs of maintaining the declared rail network; and

(b) the opportunity for an access provider to recover any capital investment in the declared rail network; and

(c) the costs incurred by an access provider in providing the declared rail transport services; and

(d) the railway track standards specified in the applicable Statement of Freight Network Capability; and

(e) the Government's rail freight policies and programs.

(3) A notice under subsection (1) must—

(a) specify—

(i) the declared rail transport services to which the specified maximum prices will apply; and

S. 38J(3)(a)(ii) amended by No. 19/2022 s. 77(b).

(ii) the financial year during which the specified maximum prices will apply to the provision of declared rail transport services; and

S. 38J(3)(b) amended by No. 19/2022 s. 77(b).

(b) be published in accordance with that subsection before 1 June preceding the financial year.

S. 38K substituted by No. 68/2017 s. 88.