Railways (Access) Act 1998 (WA)

Western Australia Railways (Access) Act 1998 Western Australia Railways (Access) Act 1998 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 2A. Object of the Act 1 3 M. Terms used in this Act 1 3A. Scope of access rights clarified 1 3B. Access rights may bind person through whom title derives in certain cases 1 Part 2 — Establishment of Code 4. Minister to establish Code 1 5. Criteria to be considered in applying Code to particular routes 1 6. Other matters for which Code may make provision 1 7. Code does not affect existing agreements 1 8. Code is subject to Rail Safety National Law (WA) 1 9. Code is subsidiary legislation 1 10. Public comment on amendment or replacement of Code 1 11. Exception to section 10 1 11A. Consultation with railway owners on amendment or replacement of Code 1 11B. Amending Code for purposes of TPI Railway and Port Agreement 1 12. Review of Code 1 Part 3 — The Regulator 20. Functions of Regulator 1 21. Powers to obtain information 1 22. Powers in respect of documents etc. 1 22A. Power of entry 1 22B. Obstruction and deception 1 22C. Legal professional privilege 1 22D. Self‑incrimination 1 23. Confidentiality 1 Part 4 — Administrative and accounting arrangements Division 1 — Preliminary 24. Terms used in this Part 1 25. This Part prevails over the Government Railways Act 1904 1 Division 2 — Administrative arrangements 26. Authority to make administrative arrangements 1 27. Delegation 1 Division 3 — Segregation of access‑related functions 28. Duty to segregate 1 29. Powers of Regulator in relation to segregation 1 30. Matters to be covered under section 28 1 31. Protection of confidential information 1 32. Avoidance of conflict of interest 1 33. Duty of fairness 1 34. Maintenance of separate accounts and records 1 Part 5 — Enforcement 34A. Prohibitions on hindering or preventing access 1 35. Contract enforcement not affected 1 36. Remedies 1 37. Injunctions 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Railways (Access) Act 1998 An Act to promote competition in the operation of rail services by — • providing for the establishment of a Code governing the use of certain facilities for rail operations by persons other than their owners; • conferring on the Economic Regulation Authority monitoring, enforcement and administrative functions for the implementation of the Code; and • specifying the kind of arrangements that railway owners are to have in place for the purposes of that implementation, to 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.]