South Australian Consolidated Acts South Australian Consolidated Acts7A—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.