2008 access undertaking (UT2)

Aurizon Network is obliged to undertake a number of activities in accordance with its undertaking, some of which require the QCA’s approval (e.g. annual approval of capital expenditure, revenue cap adjustments and reference tariff variations).

Aurizon Network can seek to amend an approved undertaking by submitting a draft amending access undertaking, in accordance with the process set out in the QCA Act.

On 23 October 2008, the QCA published its final decision to approve QR Network’s 2008 revised draft access undertaking (2008 DAU) and QR Ltd’s withdrawal of its 2006 access undertaking.

These two matters were formally submitted to the QCA for approval on 29 July 2008 as a result of QR Ltd’s corporate restructure. On 31 July 2008, the QCA requested submissions in relation to QR Ltd’s proposed withdrawal application and QR Network’s 2008 DAU. Five submissions were received by 21 August 2008.

On 25 September 2008, the QCA released its draft decision to not approve QR Network’s 2008 DAU. The QCA’s draft decision stated the reasons for the QCA’s decision and identified ways in which the 2008 DAU should be amended in order for the QCA to grant approval. Interested parties were invited to make written submissions to the QCA in respect of matters raised in or by the draft decision. Two submissions were received by the due date of 3 October 2008.

On 6 October 2008, QR Network withdrew the 2008 DAU of 29 July 2008 and submitted a revised 2008 DAU with amendments to address the concerns raised by the QCA in its draft decision. Interested parties were invited to make written submissions to the QCA in respect of matters in the revised 2008 DAU. One submission was received by the due date of 14 October 2008.

In accordance with section 136 of the Queensland Competition Authority Act 1997 (the QCA Act), the QCA approved QR Network’s revised 2008 DAU dated 6 October 2008. The QCA also agreed to QR Ltd’s withdrawal of its 2006 access undertaking in accordance with section 148 of the QCA Act.