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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Railways (Operations and Access) (Access Regime Review)
Amendment Bill 2011
A BILL FOR
An Act to amend the Railways
(Operations and Access) Act 1997.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Railways
(Operations and Access) Act 1997
4Insertion of
section 7A
7AReview and
expiry of access regime
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Railways (Operations and Access) (Access
Regime Review) Amendment Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Railways (Operations and Access)
Act 1997
After section 7 insert:
7A—Review and expiry of access
regime
(1) The regulator must, within the last year of each prescribed period,
conduct a review of the operators and railway services subject to the access
regime to determine whether the access regime should continue to
apply.
(2) The regulator must give reasonable notice of the review in a newspaper
circulating generally throughout the State inviting written submissions on the
matters under review within a reasonable time specified in the notice.
(3) The regulator must consider submissions made in response to the notice
and other submissions made in the course of other forms of public consultation
undertaken by the regulator in connection with the review.
(4) On completing the review, the regulator must forward to the Minister a
report on the review and the conclusions reached by the regulator as a result of
the review and, in particular, must recommend either—
(a) that the access regime should continue in operation for a further
prescribed period; or
(b) that the access regime should expire at the end of the existing
prescribed period.
(5) The Minister must have copies of the report laid before both Houses of
Parliament and must have the regulator's recommendation published in the
Gazette.
(6) The access regime expires at the end of a prescribed period
unless—
(a) the regulator has, in the report of a review conducted during the
prescribed period, recommended that it should continue in operation for a
further prescribed period; and
(b) the period of its operation has been extended by regulation.
(7) In this section—
prescribed period means—
(a) the period ending 30 October 2015; and
(b) each successive period of 5 years thereafter.