88SRestrictions on vertical integration of rail operations

#### 88S Restrictions on vertical integration of rail operations 88S Restrictions on vertical integration of rail operations > > (1) ARTC, or any associate of ARTC, or any successor of ARTC or any associate of any successor of ARTC, must not provide rail freight services or any rail passenger services for reward on or with respect to the NSW rail network while any ARTC arrangement is in force. > > > (2) If the Minister is of the opinion that a person has engaged or is proposing to engage in conduct that constitutes or would constitute a contravention of this section, the Minister may, by order in writing, direct the person not to engage in that conduct. > > > (3) Nothing in this section prevents— > > > > > (a) ARTC or any successor of ARTC, or a rail authority, from carrying out a function conferred on it by or under this Act or an ARTC arrangement or from providing any services under an agreement with a rail authority, or > > > > > (b) a rail authority from carrying out a function conferred on it by or under this Act or an ARTC arrangement or from providing any services under an agreement with ARTC or another rail authority, or > > > > > (c) an associate of ARTC from providing rail freight services or any passenger services for reward, if the provision of those services is approved by the Minister. > > > (4) In this section, a reference to an associate of ARTC or a successor of ARTC (the rail track operator) is a reference to— > > > > > (a) a related body corporate of the rail track operator, or > > > > > (b) an associate of the rail track operator within the meaning of sections 11, 12(2), 15 and 16 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > **pt 8A, div 4 (ss 88S, 88T):** Ins 2004 No 31, Sch 1 \[13\].