2005 draft access undertaking

Status
Past review

On 30 April 2004, Queensland Rail (QR) submitted a draft access undertaking in response to an initial undertaking notice we issued in November 2003. 

This draft access undertaking relates to certain intra-state network infrastructure services provided by QR, which have been declared for third party access under part 5 of the Queensland Competition Authority Act 1997.

We issued our decision on 12 December 2005.

The decision constituted a secondary undertaking notice for the purposes of s. 134(2) of the QCA Act and, in accordance with that, we asked QR:

  • to amend the draft access undertaking in the way described in the decision
  • to give a copy of the amended draft access undertaking to us within 60 days of receiving the notice.

In January 2006, QR initiated a Supreme Court application for judicial review of our December 2005 decision. QR also sought, and was granted, a stay of the operation of our secondary undertaking notice until the judicial review application was determined.

On 24 May 2006, QR removed its judicial review application and advised us that it would not comply with the secondary undertaking notice.

We issued a draft decision on 7 July 2005.

On 14 May 2004, we issued a notice of investigation advising that we were commencing an investigation into QR’s draft access undertaking, to decide whether to approve, or refuse to approve, the draft undertaking. This process included substantial consultation with stakeholders.

On 30 April 2004, Queensland Rail (QR) submitted a draft access undertaking in response to an initial undertaking notice that we issued in November 2003.

This draft access undertaking relates to certain intra-state network infrastructure services provided by QR, which have been declared for third party access under part 5 of the QCA Act 1997.