AustralAsia Railway (Third Party Access) Act 1999 (SA)

South Australia AustralAsia Railway (Third Party Access) Act 1999 An Act to establish as a law of South Australia a Code making provision for the regulation of third party access to railway infrastructure services in relation to the AustralAsia Railway; and for other purposes.

Contents 1 Short title 3 Definition 4 Application of Access Code 5 Crown to be bound 6 Non-application of Commercial Arbitration Act 7 Subordinate Legislation Act to apply to certain instruments under Code 8 Minister to cause copies of regulator's reports to be tabled in Parliament 9 Modification of Access Code Schedule—AustralAsia Railway (Third Party Access) Code Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the AustralAsia Railway (Third Party Access) Act 1999. 3—Definition In this Act— Access Code means the AustralAsia Railway (Third Party Access) Code contained in the Schedule. 4—Application of Access Code The Access Code applies as a law of the State. 5—Crown to be bound (1) This Act and the Access Code bind the Crown, not only in the right of the State but also, so far as the legislative power of the State permits, the Crown in all its other capacities. (2) Nothing in this Act or the Access Code makes the Crown liable to be prosecuted for an offence. 6—Non-application of Commercial Arbitration Act The Commercial Arbitration Act 1986 does not apply to an arbitration under the Access Code. 7—Subordinate Legislation Act to apply to certain instruments under Code Sections 10 and 10A of the Subordinate Legislation Act 1978, with the necessary modifications, apply to a notice under clause 49 of the Access Code (other than a notice prescribing a date on which clause 48 of the Access Code is to expire) in the same way as they apply to regulations made under an Act. 8—Minister to cause copies of regulator's reports to be tabled in Parliament The Minister must, within 12 sitting days after receiving a report under clause 7 of the Access Code, cause a copy of the report to be laid before both Houses of Parliament. 9—Modification of Access Code If the designated Minister under Part IIIA of the Trade Practices Act 1974 of the Commonwealth believes under section 44H(6) of that Act that an amendment to the Access Code made under clause 48 of the Code after the commencement of this section is, or results in, a substantial modification of the Code, then that amendment is to be taken not to be in force, and never to have been in force, to the extent of that belief.