This Explanatory Guide is presented as a companion to the Access Undertaking submitted by Australian Rail Track Corporation (‘ARTC’) to the Australian Competition and Consumer Commission (‘ACCC’) to expand on the content of the undertaking and provide context where appropriate to aid understanding of the issues concerned. The undertaking stipulates the processes, responsibilities and obligations of ARTC and an applicant, seeking access to the ARTC network.
Once accepted by the ACCC the terms of the undertaking will be binding and enforceable by law on ARTC. It should be noted however, that the undertaking does not diminish existing rights nor preclude parties agreeing to principles outside the scope of the undertaking.
This Guide does not comprise part of the undertaking nor does it seek to repeat the contents thereof, but rather to aid understanding through provision of supplementary information and clarification. To the extent there may be any apparent inconsistency between this Guide and the Undertaking, the Undertaking shall prevail.
ARTC may, during the course of the duration of the term of the Undertaking update this Guide, without reference to the ACCC, if feedback suggests it is warranted. Terms used in this Guide are as per Undertaking definitions unless otherwise obvious from the context.