Western Australian Numbered Acts

RAILWAY (BBI RAIL AUS PTY LTD) AGREEMENT ACT 2017 () - NOTES

Notes

¹ This is a compilation of the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017. The following table contains information about that Act ^1a.

Compilation table

Short title	Number and year	Assent	Commencement
Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017Pt. 1 and 2 and Sch. 1	15 of 2017	5 Dec 2017	Pt. 1: 5 Dec 2017 (see s. 2(a)); Pt. 2 and Sch. 1: 6 Dec 2017 (see s. 2(b))

^1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 Pt. 3 2	15 of 2017	5 Dec 2017	To be proclaimed (see. s. 2(c))

² On the date as at which this compilation was prepared, the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 Pt. 3 had not come into operation. It reads as follows:

Part 3 — Provisions about access to the railway constructed under the Agreement

Division 1 — Railways (Access) Act 1998 modified

7. Modified Act applies in relation to Railway (BBI Rail Aus Pty Ltd) Agreement

The Railways (Access) Act 1998 applies as if amended as set out in this Division in relation to the Railway (BBI Rail Aus Pty Ltd) Agreement.

8. Section 3 modified

(1) In section 3(1) insert in alphabetical order:

Railway (BBI Rail Aus Pty Ltd) Agreement means the Agreement as defined in the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 section 3;

(2) In section 3(1) in the definition of railways network before paragraph (c) insert:

(cb) the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement; and

(3) Before section 3(6) insert:

(5A) Subsections (3) and (4) do not apply to a siding or spur line associated with the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement.

9. Section 12B inserted

Before section 12 insert:

12B. Modification of Code for purposes of Railway (BBI Rail Aus Pty Ltd) Agreement

(1) The Minister may, under this section, modify the Code for the purposes of its application to the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement.

(2) If, after the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 section 9 has come into operation, the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement is expanded or extended (including by the addition of a spur line), the Minister must, under this section, modify the Code so that it applies to the expansion or extension.

(3) Section 5 (where relevant) and sections 10 to 11A do not apply to or in relation to a modification under this section.

(4) Modifications under this section are to be made by order published in the Gazette.

(5) Modifications under or for the purposes of subsection (2) are not amendments of the Code for the purposes of section 9(2) to (6) of this Act.

Division 2 — Railways (Access) Code 2000 modified

10. Modified Code applies in relation to Railway (BBI Rail Aus Pty Ltd) Agreement

The Railways (Access) Code 2000 applies as if amended as set out in this Division in relation to the Railway (BBI Rail Aus Pty Ltd) Agreement.

11. Section 3 modified

(1) In section 3 insert in alphabetical order:

Railway (BBI Rail Aus Pty Ltd) Agreement means the Agreement as defined in the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 section 3;

(2) In section 3 in the definition of railways network before paragraph (c) insert:

(cb) the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement; and

12. Section 55 inserted

At the end of Part 6 insert:

55. Transitional provision — Railway (BBI Rail Aus Pty Ltd) Agreement

Until the Regulator publishes in the Gazette notice of a determination under Schedule 4 clause 3(1)(a)(iib), the weighted average cost of capital for the railway infrastructure referred to in that subparagraph is such percentage as the Regulator fixes by notice published in the Gazette under this section.

13. Schedule 1 modified

At the end of Schedule 1 insert:

Railway (BBI Rail Aus Pty Ltd) Agreement Route

54. All tracks that are part of the railway constructed pursuant to the Railway (BBI Rail Aus Pty Ltd) Agreement.

14. Schedule 4 modified

Before Schedule 4 clause 3(1)(a)(ii) insert:

(iib) the railway infrastructure associated with that part of the railways network described in item 54 in that Schedule; and

Division 3 — Expiry of Part

15. Expiry of Part

(1) In this section —

ACL Undertaking Acceptance Date has the meaning given in clause 16(1) of the Agreement.

(2) This Part expires at the end of the day immediately before the ACL Undertaking Acceptance Date.

(3) The Minister must publish in the Gazette notice of the ACL Undertaking Acceptance Date.

(4) The Interpretation Act 1984 section 37 applies, under section 39 of that Act, to the expiry of this Part subject to clause 16(11)(d)(i) of the Agreement.