Productivity commission releases draft report into the national access regime

On 25 October 2012, the Federal Government announced a Productivity Commission (PC) inquiry into the effectiveness of the national access regime (Regime). ¹ Under the Regime, third parties may seek regulated access to certain services provided by nationally significant infrastructure. On 28 May 2013, the PC released its draft report (Draft Report). The Regime has been subject to extensive criticism as a result of the cost and delay involved in Fortescue's ultimately unsuccessful attempt to gain access to iron-ore railways owned by BHP Billiton and Rio Tinto in the Pilbara.

In a measured response to the many disparate submissions, the Draft Report is generally supportive of the current Regime. The PC recommends modifications and clarifications to key provisions rather than wholesale reform or repeal, reflecting its approach of "[confining] proposed changes to the Regime to where it considers the greatest gains can be made." ²