Examples of QCA Act in a sentence
Nothing in this agreement restricts or limits Queensland Rail’s right to amend or replace the Operating Requirements Manual through the submission of a draft access undertaking or a draft amending access undertaking to the QCA in accordance with the QCA Act.
Where the Access Holder seeks a renewal of this agreement, each Party acknowledges that: negotiations in respect of renewal must occur in good faith as required by and subject to the QCA Act and the Access Undertaking; the negotiations and any renewal are subject to compliance with all applicable Laws including section 266 and 266A of the TIA as they apply to Queensland Rail.
Replacement of Operating Requirements Manual Nothing in this agreement restricts or limits Queensland Rail’s right to amend or replace the Operating Requirements Manual through the submission of a draft access undertaking or a draft amending access undertaking to the QCA in accordance with the QCA Act.
Consistent with the QCA Act, Aurizon Network may volunteer to accept risks and costs of expanding its network; however, it cannot be compelled to do so.
For the reasons set out in this submission, NHG consider that the 2020 DAU (as submitted by QR) is clearly not appropriate to approve where proper regard is had to the matters in section 138(2) QCA Act.
SUFA recognises: • the need to establish sufficiently certain terms on which demand-driven expansion of the CQCN can be achieved, addressing the detail referred to in section 137 (2)(g) of the QCA Act; • Aurizon Network cannot be compelled under the terms of the QCA Act to pay any of the costs or to bear cost risks of an expansion to the CQCN.
Where the Operator Access Holder seeks a renewal of this agreement, each Party acknowledges that: negotiations in respect of renewal must occur in good faith as required by and subject to the QCA Act and the Access Undertaking; and the negotiations and any renewal are subject to compliance with all applicable Laws including section 266 and 266A of the TIA as they apply to Queensland Rail.
It is Aurizon Network’s submission that the requirement for an OPRA is consistent with this provision of the QCA Act, particularly as Aurizon Network is prepared to assume some cost and risk associated with any SUFA transaction that it is not required to assume under the QCA Act.
The QCA Act expressly allows an access provider and an Access Seeker to negotiate the terms of access, including access charges.
Unless those terms are inconsistent with the QCA Act, the parties are free to agree any terms, including ones that are inconsistent with an approved access undertaking, as provided in sections 99 and 168 of the QCA Act.