88LNetwork control

#### 88L Network control 88L Network control > > (1) An ARTC arrangement may make provision for or with respect to the conferral on ARTC of responsibility for network control with respect to any part of the NSW rail network for which ARTC is a rail infrastructure owner. > > > (2) ARTC is responsible for network control with respect to any such part of the NSW rail network while that responsibility is conferred on ARTC under the ARTC arrangement. > > > (3) In exercising its responsibility for network control, ARTC must— > > > > > (a) give reasonable priority to passenger services, and > > > > > (b) subject to giving priority to those services, promote and facilitate access to the part of the NSW rail network for which it is responsible in accordance with the current NSW rail access undertaking. > > > (4) If responsibility for network control is not conferred on ARTC with respect to a part of the NSW rail network for which ARTC is a rail infrastructure owner, the rail authority in whom that part is vested or who owns it is, for the purposes of section 99D, taken to be the rail infrastructure owner for that part and that section applies accordingly. > > > > Note. > > > > Under section 99D, the rail infrastructure owner has responsibility for network control, so that subsection (4) has the effect of conferring that responsibility on a rail authority if there is no conferral of it on ARTC under this section. > > > (5) In this section— > > > > network control with respect to any part of the NSW rail network has the same meaning as it has in section 99D. > > **ss 88J–88M:** Ins 2004 No 31, Sch 1 \[13\].