Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The railway owner
in relation to a part of the railways network to which the Code applies must
not engage in conduct aimed at hindering or preventing —
(a)
access by any person to that part of the railways network for the purpose of
carrying on rail operations to which the Code applies;
(b) the
making of access agreements or any particular agreement in respect of that
part of the railways network; or
(c) the
access to which a person is entitled under an access agreement or a
determination made by way of arbitration.
(2) A person who has
access under an access agreement must not engage in conduct aimed at hindering
or preventing access by another person to any part of the railways network to
which the Code applies.
(3)
Subsections (1) and (2) do not apply to conduct that the railway owner,
or a person referred to in subsection (2), is entitled to engage in under
this Act, the Code or some other written law or under an access agreement.
Penalty: $100 000.
Daily penalty: $20 000.
[Section 34A inserted by No. 13 of 2000
s. 86.]