Standard User Funding Agreement and Investment Framework Amendments
On 24 December 2010, QR Network Pty Ltd (QR Network) submitted a draft amending access undertaking (the 2011 DAAU) and proposed standard user funding agreements (SUFAs) to the Authority for its approval. Subsequently, on 25 January 2011, it submitted the explanatory notes designed to accompany these documents.
Clause 7.6(a) of QR Network's 2010 access undertaking (the undertaking) requires that, within three (3) months after the Approval Date (1 October 2010), following consultation with stakeholders, QR Network will submit to the Authority:
- a proposed SUFA; and
- a DAAU incorporating amendments to the undertaking it considers reasonably necessary to fully implement the principles set out in Schedule J of the undertaking (the "Investment Framework Amendments").
QR Network's covering letter for the 2011 DAAU and SUFA stated that, in some cases, QR Network has departed from the literal application of the principles and that the DAAU does not perfectly comply with the requirements of clause 7.6(a) of the undertaking. That letter also indicates the DAAU is submitted in accordance with section 142 of the Queensland Competition Authority Act 1997 (the QCA Act). This is reiterated in QR Network's explanatory notes.
The Authority therefore formed the view that no submission that complies with clause 7.6(a) of the undertaking had been made within three months of the Approval Date of 1 October 2010. The Authority also decided to exercise its powers under clause 7.6(b) of the undertaking to develop its own proposed SUFA and Investment Framework Amendments.
A copy of the Authority’s letter to QR Network advising of this decision can be downloaded below.
Once the Authority has developed a proposed SUFA and Investment Framework Amendments, it will publish these on its website and invite and consider submissions.
The Authority will continue with the assessment of the 2011 DAAU in accordance with section 142 of the QCA Act. (for more detail click here)
On 13 April 2011, following requests for clarification from some stakeholders, the Authority wrote to QR Network clarifying its intention to consider QR Network’s 2011 DAAU in a separate process to the Authority’s drafting of its own SUFA.
Stakeholders are encouraged to consider the matters raised in QR Network’s DAAU separately from those related solely to the SUFA and Investment Framework and to ensure that any submissions or comments made clearly address one matter or the other, or clearly specify where they are making the same submission in respect of both processes. A copy of the letter can be found below.
Interim Reports / Papers
