2005 Draft Undertaking
On 30 April 2004, Queensland Rail (QR) submitted a draft access undertaking in response to an initial undertaking notice issued by the Queensland Competition Authority in November 2003. This draft access undertaking relates to certain intra-state network infrastructure services provided by QR, and which have been declared for third party access under part 5 of the Queensland
Competition Authority Act 1997.
On 14 May 2004 the Authority issued a notice of investigation advising that the Authority was commencing an investigation into QR’s draft access undertaking, to decide whether to approve, or refuse to approve, the draft undertaking. This process includes substantial consultation with stakeholders.
The Authority issued a Draft Decision on 7 July 2005.
The Authority issued its Decision on 12 December 2005.
The decision constituted a secondary undertaking notice for the purposes of s134(2) of the QCA Act and, in accordance with that, the Authority asked QR:
- to amend the draft access undertaking in the way described in the decision; and
- to give a copy of the amended draft access undertaking to the Authority within 60 days of receiving the notice.
In January 2006, QR initiated a Supreme Court application for judicial review of the Authority's December 2005 decision. QR also sought, and was granted, a stay of the operation of the Authority's Secondary Undertaking Notice until the judicial review application was determined.
On 24 May 2006, QR removed its judicial review application and advised the Authority that it would not comply with the Secondary Undertaking Notice.
