TABLE OF PROVISIONS Long Title PART 1 -- Preliminary 1. Short title 2. Commencement 2A. Object of the Act 3 M. Terms used in this Act 3A. Scope of access rights clarified 3B. Access rights may bind person through whom title derives in certain cases PART 2 -- Establishment of Code 4. Minister to establish Code 5. Criteria to be considered in applying Code to particular routes 6. Other matters for which Code may make provision 7. Code does not affect existing agreements 8. Code is subject to Rail Safety National Law (WA) Act 2015 9. Code is subsidiary legislation 10. Public comment on amendment or replacement of Code 11. Exception to section 11A. Consultation with railway owners on amendment or replacement of Code 11B. Amending Code for purposes of TPI Railway and Port Agreement 12. Review of Code PART 3 -- The Regulator 20. Functions of Regulator 21. Powers to obtain information 22. Powers in respect of documents etc. 22A. Power of entry 22B. Obstruction and deception 22C. Legal professional privilege 22D. Self-incrimination 23. Confidentiality PART 4 -- Administrative and accounting arrangements Division 1 -- Preliminary 24. Terms used in this PART 25. This Part prevails over the Government Railways Act 1904 Division 2 -- Administrative arrangements 26. Authority to make administrative arrangements 27. Delegation Division 3 -- Segregation of access-related functions 28. Duty to segregate 29. Powers of Regulator in relation to segregation 30. Matters to be covered under section 31. Protection of confidential information 32. Avoidance of conflict of interest 33. Duty of fairness 34. Maintenance of separate accounts and records PART 5 -- Enforcement 34A. Prohibitions on hindering or preventing access 35. Contract enforcement not affected 36. Remedies 37. Injunctions Uncommenced provisions table Other notes Defined termsto amend —
• the Government Railways Act 1904 to make consequential amendments 2; and
• the National Rail Corporation Agreement Act 1992 2, 3,and for related purposes.
[Long title amended: No. 13 of 2000 s. 61; No. 55 of 2000 s. 4; No. 67 of 2003 Sch. 2 cl. 54.]