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This is a Bill, not an Act. For current law, see the Acts databases.


GOVERNMENT RAILWAYS (ACCESS) BILL 1998

                   Western Australia



Government Railways (Access) Bill 1998


                     CONTENTS




                Part 1 -- Preliminary
 1.     Short title                                           2
 2.     Commencement                                          2
 3.     Definitions                                           2

         Part 2 -- Establishment of Code
 4.     Minister to establish Code                            4
 5.     Criteria to be considered in applying Code to
        particular routes                                     4
 6.     Other matters for which Code may make provision       6
 7.     Code does not affect existing agreements              6
 8.     Code is subject to Rail Safety Act 1998               7
 9.     Code is subsidiary legislation                        7
 10 .   Public comment on amendment or replacement of
        Code                                                  7
 11 .   Exception to section 10                               8
 12 .   Three-yearly review of Code                           8




                                                          page i
                         150 - 1
Government Railways (Access) Bill 1998




                      Part 3 -- The Regulator
                       Division 1 -- Office and functions
      13 .     Definition                                            10
      14 .     Who performs functions of Regulator                   10
      15 .     Functions of Regulator                                10
      16 .     Staff and resources                                   11
      17 .     Financial administration etc.                         11
      18 .     Delegation                                            11
      19 .     Regulator to act independently                        11
               Division 2 -- Monitoring and enforcement powers
      20 .     Purpose of powers                                     12
      21 .     Powers to obtain information                          12
      22 .     Powers in respect of documents etc.                   13
      23 .     Confidentiality                                       13

             Part 4 -- Administrative and accounting
                arrangements of the Commission
                            Division 1 -- Preliminary
      24 .     Definitions                                           14
      25 .     This Part prevails over the Government Railways
               Act 1904                                              14
                  Division 2 -- Administrative arrangements
      26 .     Commission to make administrative arrangements        14
      27 .     Delegation                                            14
              Division 3 -- Segregation of access-related functions
      28 .     Duty to segregate                                     15
      29 .     Powers of Regulator in relation to segregation        15
      30 .     Matters to be covered under section 28                16
      31 .     Protection of confidential information                16
      32 .     Avoidance of conflict of interest                     17
      33 .     Duty of fairness                                      17
      34 .     Maintenance of separate accounts and records          17

page ii
                           Government Railways (Access) Bill 1998




                 Part 5 -- Enforcement
35 .      Contract enforcement not affected                     18
36 .      Remedies                                              18
37 .      Injunctions                                           18

       Part 6 -- Amendment of the National Rail
            Corporation Agreement Act 1992
                       Division 1 -- Preliminary
38 .       Principal Act                                  20
        Division 2 -- Amendments about the NRC carrying on
                          intra-State services
39 .       Section 5A inserted                            20
40 .       Section 5B inserted                            20
                   Division 3 -- Minor amendments
41 .       Section 3 amended                              21
42 .       Schedule 1 amended                             21

       Part 7 -- Amendment of the Government
                 Railways Act 1904
43 .      Consequential amendments to the Government Railways
          Act 1904                                              23




                                                            page iii
                                Western Australia


                          LEGISLATIVE ASSEMBLY



       Government Railways (Access) Bill 1998
                                    A Bill for


     An Act to promote competition in the operation of rail services by --
         •       providing for the establishment of a Code governing the
                use of government railways for rail operations by persons
                other than the Western Australian Government Railways
 5              Commission;
         •       designating an official with monitoring, enforcement and
                administrative functions for the implementation of the
                Code; and
         •       specifying the kind of administrative arrangements that
10              the Commission is to have in place for the purposes of
                that implementation,
         to amend --
         •       the Government Railways Act 1904 to make consequential
                amendments; and
15       •       the National Rail Corporation Agreement Act 1992,
         and for related purposes.

     The Parliament of Western Australia enacts as follows:




                                                                   page 1
     Government Railways (Access) Bill 1998
     Part 1     Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Government Railways (Access) Act
                1998.

 5   2.         Commencement
          (1)   Part 6 comes into operation on the day on which this Act
                receives the Royal Assent.
          (2)   The other provisions of this Act come into operation on such
                day as is, or days as are respectively, fixed by proclamation.

10   3.         Definitions
                In this Act, unless the contrary intention appears --
                "access" means the use of railway infrastructure;
                "access agreement" means an agreement under the Code
                     between the Commission and another person for access by
15                   that person;
                "Code" means the Code for the time being in force under
                     section 4;
                "Commission" has the same meaning as in the Government
                     Railways Act 1904;
20              "Competition Principles Agreement" means the Competition
                     Principles Agreement made on 11 April 1995 by the
                     Commonwealth, the States and the Territories as in force
                     for the time being;
                "railway" means a railway, as defined in section 2 of the
25                   Government Railways Act 1904, that is under the
                     management and control of the Commission as provided by
                     section 13 of that Act;


     page 2
                             Government Railways (Access) Bill 1998
                                           Preliminary       Part 1

                                                                   s. 3



     "railway infrastructure" means the facilities necessary for the
          operation of a railway, including --
          (a) railway track, associated track structures, over or
                under track structures, supports (including supports
 5              for equipment or items associated with the use of a
                railway);
          (b) tunnels and bridges;
          (c) stations and platforms;
          (d) train control systems, signalling systems and
10              communication systems;
          (e) electric traction infrastructure;
           (f) buildings and workshops; and
          (g) associated plant machinery and equipment,
          but not including --
15        (h) private sidings and spur lines connected to premises
                not under the management or control of the
                Commission; and
           (i) rolling stock, rolling stock maintenance facilities,
                office buildings, housing, freight centres, or terminal
20              yards and depots;
     "Regulator" means the official provided for by Part 3.




                                                                 page 3
     Government Railways (Access) Bill 1998
     Part 2     Establishment of Code

     s. 4



                      Part 2 -- Establishment of Code
     4.         Minister to establish Code
          (1)   The Minister is to establish a Code in accordance with this Act
                to give effect to the Competition Principles Agreement in
 5              respect of railways.
          (2)   Provision is to be made in the Code --
                  (a) for railway infrastructure to be available for use by
                        persons other than the Commission to carry on rail
                        operations in accordance with --
10                        (i) agreements with the Commission; or
                         (ii) determinations made by way of arbitration;
                  (b) prescribing --
                          (i) which parts of the railways network; and
                         (ii) which railway infrastructure associated with
15                              those parts,
                        are to be so available; and
                  (c) setting out --
                          (i) provisions that are to govern the content of
                                agreements and determinations referred to in
20                              paragraph (a); and
                         (ii) rights, powers and duties that are to apply to and
                                in relation to the negotiation, making, and
                                implementation of agreements.


25   5.         Criteria to be considered in applying Code to particular routes
          (1)   In deciding, for the purpose of establishing or amending the
                Code, which routes are to be prescribed under section 4(2)(b), the
                Minister is to consider the questions set out in subsection (3).

     page 4
                                    Government Railways (Access) Bill 1998
                                         Establishment of Code      Part 2

                                                                           s. 5



     (2)   If in respect of a route the Minister is satisfied that each of those
           questions must be answered in the affirmative the route is to be
           prescribed under section 4(2)(b).
     (3)   The questions are --
 5           (a)   whether access to the route will promote competition in
                   at least one market, other than the market for railway
                   services;
            (b)    whether it would be uneconomical for anyone to
                   establish another railway on the route;
10           (c)   whether the route is of significance having regard to --
                      (i) its length;
                     (ii) its importance to trade or commerce; or
                    (iii) its importance to the economy;
            (d)    whether access to the route can be provided without
15                 undue risk to human health or safety;
             (e)   whether there is not already effective access to the route;
                   and
             (f)   whether access or increased access to the route would
                   not be contrary to the public interest.
20   (4)   A decision of the Minister of the kind referred to in
           subsection (1) is not liable to be challenged in, or reviewed or
           called in question by, a court.
     (5)   In this section --
           "route" means --
25             (a) a particular part of the railways network; and
               (b) the associated railway infrastructure.




                                                                         page 5
     Government Railways (Access) Bill 1998
     Part 2     Establishment of Code

     s. 6



     6.         Other matters for which Code may make provision
          (1)   The Code may also make provision for or in relation to --
                 (a)   the registration of access agreements;
                 (b)   the arbitration of disputes between the Commission and
 5                     a person who has made a proposal for access under the
                       Code;
                 (c)   the establishment of panels of arbitrators, and the
                       appointment of arbitrators, by the Regulator;
                 (d)   the regulation of matters --
10                        (i) of a savings, transitional or supplementary
                               nature; or
                         (ii) that are otherwise necessary or convenient for
                               the purposes of this Act.
          (2)   Transitional provisions referred to in subsection (1)(d)(i) may
15              authorize the Minister to determine by order published in the
                Gazette how any matter in progress immediately before the
                commencement of this Part is to be treated, after that
                commencement, for the purposes of the provisions of the Code.


20   7.         Code does not affect existing agreements
                The making of the Code --
                 (a)   does not affect the terms and conditions, or the
                       operation, of an agreement for the use of railway
                       infrastructure made with the Commission before the
25                     commencement of the Code whether under section 61 of
                       the Government Railways Act 1904 or otherwise; and
                 (b)   does not afford a party to such an agreement any ground
                       or reason for not complying with the agreement
                       according to its terms and conditions.


     page 6
                                         Government Railways (Access) Bill 1998
                                              Establishment of Code      Part 2

                                                                                s. 8



     8.          Code is subject to Rail Safety Act 1998
                 The Code is not to contain any provision that is contrary to or
                 inconsistent with the Rail Safety Act 1998.

     9.          Code is subsidiary legislation
 5               The Code is subsidiary legislation within the meaning of the
                 Interpretation Act 1984.

     10.         Public comment on amendment or replacement of Code
           (1)   Before the Minister exercises the power --
                  (a) to amend the Code; or
10                (b) to repeal and replace it,
                 he or she must make the proposed amendment or replacement
                 available for public comment in accordance with subsection (2).
           (2)   The Minister must --
                  (a) cause a notice giving a general description of the
15                     proposal to be published in one issue of --
                          (i) a daily newspaper circulating throughout the
                               Commonwealth; and
                         (ii) a daily newspaper circulating throughout the State;
                       and
20                (b) include in the notice the following information --
                          (i) the places at which a copy of the proposal may
                               be obtained;
                         (ii) a statement that written submissions on the
                               proposal may be made to the Minister by any
25                             person within a specified period; and
                        (iii) the address to which the submissions may be
                               delivered or posted.

                                                                            page 7
     Government Railways (Access) Bill 1998
     Part 2     Establishment of Code

     s. 11



           (3)   The period specified under subsection (2)(b)(ii) is not to be less
                 than 30 days after both of the notices under subsection (2)(a)
                 have been published.
           (4)   The Minister must have regard to any submission made in
 5               accordance with the notice.

     11.         Exception to section 10
           (1)   Section 10(1) does not apply if the Minister is satisfied that a
                 proposed amendment to the Code is --
                   (a) of a minor nature; or
10                 (b) required to be made urgently.
           (2)   If in reliance on subsection (1)(b) the Minister amends the Code
                 without complying with section 10(1) --
                   (a) he or she must call for public comment on the
                          amendment as soon as is practicable after it has come
15                        into force; and
                   (b) subsections (2) and (3) of section 10 apply with all
                          necessary modifications.
           (3)   Having regard to any submissions made on the amendment, the
                 Minister must consider whether he or she should amend the
20               Code --
                  (a) to reverse the effect of the amendment; or
                  (b) in some other manner.

     12.         Three-yearly review of Code
           (1)   The Regulator must carry out a review of the Code as soon as is
25               practicable after --
                   (a) the third anniversary of its commencement; and
                   (b) the expiry of each 3 yearly interval after that
                         anniversary.

     page 8
                                   Government Railways (Access) Bill 1998
                                        Establishment of Code      Part 2

                                                                         s. 12



     (2)   The purpose of a review is to assess the suitability of the
           provisions of the Code to give effect to the Competition
           Principles Agreement in respect of railways.
     (3)   Before carrying out a review of the Code, the Regulator must
 5         call for public comment in accordance with subsection (4).
     (4)   The Regulator must --
            (a) cause notice of the review to be published, in one issue
                 of --
                    (i) a daily newspaper circulating throughout the
10                       Commonwealth; and
                   (ii) a daily newspaper circulating throughout the
                         State;
                 and
            (b) include in the notice --
15                  (i) a statement that written submissions on the Code
                         may be made to the Regulator by any person
                         within a specified period; and
                   (ii) the address to which the submissions may be
                         delivered or posted.
20   (5)   The period specified under subsection (4)(b)(i) is not to be less
           than 30 days after both of the notices under subsection (3)(a)
           have been published.
     (6)   The Regulator must prepare a report based on the review and
           give it to the Minister.




                                                                         page 9
     Government Railways (Access) Bill 1998
     Part 3     The Regulator
     Division 1 Office and functions
     s. 13



                            Part 3 -- The Regulator
                       Division 1 -- Office and functions
     13.       Definition
               In this Part --
 5             "department" means the department of the Public Service
                   principally assisting the Minister responsible for the
                   Transport Co-ordination Act 1966 in the administration of
                   that Act.

     14.       Who performs functions of Regulator
10             The functions of the Regulator under this Act and the Code are
               to be performed by the person who for the time being holds, or
               is acting in, the office of Director General of Transport under
               section 8 of the Transport Co-ordination Act 1966.

     15.       Functions of Regulator
15             The Regulator --
                (a)   is responsible for monitoring and enforcing compliance
                      by the Commission with the provisions of --
                         (i) this Act;
                        (ii) the obligations imposed by Part 4; and
20                     (iii) the Code;
                      and
                (b)   also has the functions given to him or her by particular
                      provisions of this Act and the Code.




     page 10
                                         Government Railways (Access) Bill 1998
                                                      The Regulator      Part 3
                                                Office and functions Division 1
                                                                           s. 16



     16.         Staff and resources
           (1)   The Regulator may make use of --
                  (a)   the services of any officer of the department; or
                  (b)   the facilities of the department.
 5         (2)   The employing authority under the Public Sector Management
                 Act 1994 in relation to the department may exercise the powers
                 in section 100 of that Act to enable the Regulator to perform his
                 or her functions.

     17.         Financial administration etc.
10               For the purposes of section 9 of the Transport Co-ordination
                 Act 1966, the performance of the functions of the Regulator are
                 to be treated as operations of the department.

     18.         Delegation
           (1)   The Regulator may, by instrument in writing, delegate the
15               performance of any of his or her functions, except this power of
                 delegation, to --
                   (a) an officer of the department; and
                   (b) a person engaged under the powers referred to in section
                         16(2).
20         (2)   A function performed by a delegate is to be taken to be
                 performed by the Regulator.
           (3)   A delegate performing a function of the Regulator is to be taken
                 to do so in accordance with the terms of the delegation unless
                 the contrary is shown.

25   19.         Regulator to act independently
                 The Regulator in performing his or her functions --
                  (a)   must act independently; and

                                                                            page 11
     Government Railways (Access) Bill 1998
     Part 3     The Regulator
     Division 2 Monitoring and enforcement powers
     s. 20



                   (b)   is not subject to direction by the Minister or any other
                         person.

                 Division 2 -- Monitoring and enforcement powers
     20.         Purpose of powers
 5         (1)   The Regulator may exercise the powers in this Division for the
                 purpose of performing his or her functions under this Act or the
                 Code.
           (2)   Without limiting subsection (1), the powers in this Division
                 extend to financial information relating to the Commission's
10               own use of railway infrastructure to which the Code applies.

     21.         Powers to obtain information
           (1)   The Regulator may by notice in writing require the
                 Commission --
                  (a) to send to the Regulator before a day specified in the
15                     notice a statement setting out such information as is
                       specified in the notice;
                  (b) to give information to the Regulator by way of
                       periodical returns at times specified in the notice; and
                  (c) to send to the Regulator, before a day specified in the
20                     notice, any book, document, or record that is in the
                       possession or under the control of the Commission.
           (2)   The Commission must comply with a notice under
                 subsection (1).




     page 12
                                   Government Railways (Access) Bill 1998
                                                  The Regulator     Part 3
                             Monitoring and enforcement powers  Division 2
                                                                     s. 22



     22.   Powers in respect of documents etc.
           The Regulator may inspect any book, document or record
           produced or sent to him or her and --
             (a) retain it for such reasonable period as he or she thinks
 5                fit; and
             (b) make copies of it or any of its contents.

     23.   Confidentiality
           In relation to the exercise of his or her powers under this
           Division, the Regulator must ensure that confidential
10         information to which section 31 applies is protected from use or
           disclosure except --
             (a) in the performance of the Regulator's functions;
             (b) as required or allowed by any law;
             (c) with the written consent of the person who supplied the
15                  information; or
             (d) in circumstances prescribed by regulations made by the
                    Governor for the purposes of this section.




                                                                    page 13
     Government Railways (Access) Bill 1998
     Part 4     Administrative and accounting arrangements of the Commission
     Division 1 Preliminary
     s. 24



     Part 4 -- Administrative and accounting arrangements
                     of the Commission
                               Division 1 -- Preliminary
     24.         Definitions
 5               In this Part --
                 "access-related functions" means the functions involved in
                      arranging the provision of access to railway infrastructure
                      under the Code;
                 "officer of the Commission" includes an officer of the
10                    Department as defined in the Government Railways Act
                      1904;
                 "relevant officer" means an officer of the Commission who is
                      in any way concerned in the performance of access-related
                      functions.

15   25.         This Part prevails over the Government Railways Act 1904
                 This Part has effect, and is to be carried out by the Commission,
                 despite the provisions of the Government Railways Act 1904.

                   Division 2 -- Administrative arrangements
     26.         Commission to make administrative arrangements
20               The Commission is to make such administrative arrangements
                 within its organization that it from time to time considers
                 necessary or expedient for the carrying out of its access-related
                 functions.

     27.         Delegation
25         (1)   The Commission may, by instrument in writing, delegate the
                 performance of any of its access-related functions (including the

     page 14
                                       Government Railways (Access) Bill 1998
     Administrative and accounting arrangements of the Commission       Part 4
                            Segregation of access-related functions Division 3
                                                                         s. 28



                   execution of access agreements) to an officer or officers of the
                   Commission.
           (2)     A function so performed is to be taken to be performed by the
                   Commission.
 5         (3)     An officer of the Commission when performing a function as a
                   delegate of the Commission is to be taken to do so in
                   accordance with the terms of the delegation, unless the contrary
                   is shown.

                 Division 3 -- Segregation of access-related functions
10   28.           Duty to segregate
           (1)     In making arrangements under section 26 the Commission must
                   segregate its access-related functions from its other functions.
           (2)     The Commission must have appropriate controls and procedures
                   to ensure that the measures in place under subsection (1) --
15                   (a) operate effectively; and
                     (b) are complied with.

     29.           Powers of Regulator in relation to segregation
           (1)     Before the Commission puts in place or varies any arrangement
                   for the purpose of carrying out its obligations under section 28 it
20                 must obtain the Regulator's approval to the arrangement or
                   variation.
           (2)     In addition to subsection (1), the Regulator may confer with the
                   Commission on any matter which relates to the way in which
                   the Commission's obligations under section 28 are to be carried
25                 out, with a view to the Regulator and the Commission reaching
                   agreement on the matter.



                                                                              page 15
     Government Railways (Access) Bill 1998
     Part 4     Administrative and accounting arrangements of the Commission
     Division 3 Segregation of access-related functions
     s. 30



           (3)   The Regulator may give directions in writing to the Commission
                 with respect to a matter to the extent that agreement is not
                 reached under subsection (2), and the Commission is to comply
                 with any such direction.

 5   30.         Matters to be covered under section 28
                 Without limiting section 28, in carrying out its obligations under
                 that section the Commission must ensure that the provisions of
                 sections 31, 32, 33 and 34 are satisfied.

     31.         Protection of confidential information
10         (1)   There must be an effective regime designed for the protection of
                 confidential information relating to the affairs of persons
                 seeking access or rail operators from --
                   (a) improper use; and
                   (b) disclosure by relevant officers, or other persons, to other
15                      officers of the Commission or other persons, except for
                        proper purposes.
           (2)   In this section --
                 "confidential information" means information that has not
                     been made public and that --
20                   (a) is by its nature confidential;
                     (b) was specified to be confidential by the person who
                          supplied it; or
                     (c) is known by an officer using or disclosing it to be
                          confidential.




     page 16
                                       Government Railways (Access) Bill 1998
     Administrative and accounting arrangements of the Commission       Part 4
                            Segregation of access-related functions Division 3
                                                                         s. 32



     32.     Avoidance of conflict of interest
             The arrangements under section 26 must be such as to ensure
             that a relevant officer does not have a conflict between his or
             her duties --
 5             (a) as an officer concerned in the performance of access-
                      related functions, on the one hand; and
               (b) as an officer involved in other business of the
                      Commission, on the other.

     33.     Duty of fairness
10           In performing their functions relevant officers must not have
             regard to the interests of the Commission in a way that is unfair
             to persons seeking access or to other rail operators.

     34.     Maintenance of separate accounts and records
             The Commission must ensure that its accounts and records are
15           in such form as to enable --
               (a) all income, expenditure, assets and liabilities relating to
                     the carrying out of its access-related functions to be
                     properly recorded and distinguished from the
                     Commission's other income, expenditure, assets and
20                   liabilities; and
               (b) where necessary, any item of income, expenditure,
                     assets or liabilities which relates only in part to the
                     carrying out of its access-related functions to be
                     apportioned in a fair and reasonable manner.




                                                                       page 17
     Government Railways (Access) Bill 1998
     Part 5     Enforcement

     s. 35



                               Part 5 -- Enforcement
     35.         Contract enforcement not affected
                 Nothing in this Part affects the enforceability of an access
                 agreement as a contract, or the availability of damages for a
 5               breach of the agreement.

     36.         Remedies
           (1)   The obligations imposed on the Commission by the Code are
                 enforceable --
                   (a) by arbitration under the Code; or
10                 (b) under section 37,
                 as the case may require, but a breach of those obligations does
                 not give rise to an action for damages.
           (2)   Sections 177 and 178 of The Criminal Code do not apply to the
                 obligations referred to in subsection (1).

15   37.         Injunctions
           (1)   The Supreme Court may grant an injunction in such terms as the
                 Court thinks fit if it is satisfied that the Commission --
                  (a) has engaged in conduct that amounts to a breach of the
                         Code; or
20                (b) is proposing to engage in conduct that would amount to
                         such a breach,
                 other than conduct for which a remedy by way of arbitration is
                 available under the Code.
           (2)   An application for an injunction under subsection (1) may be
25               made by --
                  (a) the Regulator; or


     page 18
                     Government Railways (Access) Bill 1998
                                 Enforcement         Part 5

                                                        s. 37



(b)   a person to whose proposal under the Code for access
      the conduct or proposed conduct relates.




                                                     page 19
     Government Railways (Access) Bill 1998
     Part 6     Amendment of the National Rail Corporation Agreement Act
                1992
     Division 1 Preliminary
     s. 38


     Part 6 -- Amendment of the National Rail Corporation
                   Agreement Act 1992
                            Division 1 -- Preliminary
     38.       Principal Act
 5             In this Part the National Rail Corporation Agreement Act 1992*
               is referred to as the principal Act.
               [* Act No. 56 of 1992.]

           Division 2 -- Amendments about the NRC carrying on
                           intra-State services
10   39.       Section 5A inserted
               After section 5 of the principal Act the following section is
               inserted in Part 2 --
     "
           5A.       Intra-State rail services by Company
15                   The Company is not to carry on intra-State rail services
                     in the State unless the Minister has given the Company
                     approval in writing to do so.
                                                                                ".
     40.       Section 5B inserted
20             Before section 6 of the principal Act the following section is
               inserted in Part 3 --
     "
           5B.       Referral of power to the Parliament of the
                     Commonwealth
25             (1)   The matter of the Commonwealth holding shares in the
                     Company in accordance with the Agreement, to the

     page 20
                                       Government Railways (Access) Bill 1998
           Amendment of the National Rail Corporation Agreement Act     Part 6
                                                              1992
                                                 Minor amendments   Division 3
                                                                         s. 41


                     extent to which it is not otherwise included in the
                     legislative powers of the Parliament of the
                     Commonwealth, is referred to the Parliament of the
                     Commonwealth.
 5             (2)   The reference under subsection (1) only has effect for
                     the period --
                       (a) beginning on the day on which section 40 of the
                             Government Railways (Access) Act 1998
                             commences; and
10                     (b) ending on the day fixed under subsection (3) as
                             the day on which the reference under
                             subsection (1) terminates.
               (3)   The Governor may, by proclamation, fix a day as the
                     day on which the reference under subsection (1)
15                   terminates.
               (4)   In this section, a reference to holding shares includes a
                     reference to acquiring, disposing of or dealing with
                     those shares.
                                                                                 ".

20                     Division 3 -- Minor amendments
     41.       Section 3 amended
               Section 3 of the principal Act is amended in the definition of
               "the Agreement" by deleting "Schedule 1" and substituting the
               following --
25             " the Schedule to this Act" .

     42.       Schedule 1 amended
               Schedule 1 to the principal Act is amended --
                 (a) in the heading to the Schedule, by deleting "1"; and

                                                                          page 21
Government Railways (Access) Bill 1998
Part 6     Amendment of the National Rail Corporation Agreement Act
           1992
Division 3 Minor amendments
s. 42


          (b)   by inserting after the execution details that follow clause
                10 of the Agreement, the following heading --
                " Schedule 1 ".




page 22
                                        Government Railways (Access) Bill 1998
            Amendment of the National Rail Corporation Agreement Act    Part 7
                                                               1992
                  Amendment of the Government Railways Act 1904
                                                                          s. 43


           Part 7 -- Amendment of the Government Railways
                            Act 1904
     43.              Consequential amendments to the Government Railways Act 1904
           (1)        In this section the Government Railways Act 1904* is referred
 5                    to as the principal Act.
                     [* Reprinted as approved 27 October 1982.
                        For subsequent amendments see 1997 Index to Legislation of
                        Western Australia, Table 1, pp. 98-9.]
           (2)        Section 13 of the principal Act is amended by repealing
10                    subsection (1) and substituting the following subsections --
                 "
                      (1)   The Commission shall have the management,
                            maintenance and control of every Government railway.
                     (1a)   Subsection (1) has effect subject to --
15                           (a) this Act;
                             (b) section 18E of the Transport Co-ordination
                                   Act 1966; and
                             (c) the Government Railways (Access) Act 1998.
                                                                                          ".
20         (3)        Section 22 of the principal Act is repealed.
           (4)        Section 25 of the principal Act is repealed and the following
                      section is substituted --
     "
             25.            Conditions of carriage of goods
25                          The Commission may determine the conditions of
                            carriage of goods on any rail service operated by it,
                            including limits on its liability for loss of, damage to or
                            delay in the delivery of such goods.
                                                                                          ".

                                                                                  page 23
     Government Railways (Access) Bill 1998
     Part 7     Amendment of the National Rail Corporation Agreement Act
                1992
                Amendment of the Government Railways Act 1904
     s. 43


        (5)    Section 26A of the principal Act is amended by deleting
               "Notwithstanding the provisions of section twenty-two of this
               Act, the" and substituting the following --
               "   The   ".
 5      (6)    Section 28A(3) of the principal Act is amended by deleting
               "Notwithstanding sections twenty-two and twenty-five of this
               Act, the" and substituting the following --
               "   The   ".
        (7)    Section 61(5) of the principal Act is amended by inserting after
10             "enactment" the following --
               "   , including the Government Railways (Access) Act 1998 ".
        (8)    Section 68 of the principal Act is amended by deleting from and
               including ", subject, however, to the following conditions" to
               the end of the section and substituting a full stop.
15      (9)    Section 69 of the principal Act is repealed.
      (10)     The Second Schedule to the principal Act is repealed.




 


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