Audit by Operator. (a) Subject to clause 10.4(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1.
(b) The Operator’s audit under clause 10.4(a) will:
(i) be subject to the ability of ARTC to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators;
(ii) be conducted in such a manner so that it does not cause any disruption to any service of any other operator granted access to the Network by ARTC or the provision of services by ARTC to such operators.
Audit by Operator. (a) Subject to clause 10.4(b), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring ARTC’s compliance with clause 6.1.
(b) The Operator’s audit under clause 10.4(a) will:
Audit by Operator. (1) Subject to clause 8.6(2), the Operator may at any time, at its cost and risk, audit any of the railway track and lines comprising the Network for the purpose of monitoring GWAN’s compliance with the Service Quality Policy.
(2) The Operator’s audit under clause 8.6(1) is:
(a) subject to the ability of GWAN to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and other operators; and
(b) to be conducted in a manner that does not cause any disruption to any service of any other operator granted access to the Network by GWAN, or the provision of services by GWAN to such operators.
Audit by Operator. (a) Subject to clause 10.5(b), the Operator may at any time, at its cost and risk, appoint an Independent Auditor to audit any of the railway track and lines comprising the Network for the purpose of monitoring TfNSW’s compliance with clause 6.1.
(b) The Operator’s audit under clause 10.5(a) shall:
(1) provide TfNSW with 60 days written notice of the proposed inspection;
(2) if required by TfNSW, be conducted under the supervision of TfNSW or its nominee and at a time that a representative of TfNSW or its nominee is available to conduct the inspection provided that TfNSW uses reasonable endeavours to make the representative available at a time that is reasonable and convenient to the Operator;
(3) be subject to the ability of TfNSW to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and Other Operators; and
(4) be conducted in such a manner so that it does not cause any disruption to any service of any Other Operator granted access to the Network by TfNSW or the provision of services by TfNSW to such operators.
(c) The Operator will provide TfNSW promptly with a copy of the audit findings of any audit carried out pursuant to clause 10.5(a).
Audit by Operator.
(a) Subject to clause 10.5(b), the Operator may at any time, at its cost and risk, appoint an Independent Auditor to audit any of the railway track and lines comprising the Network for the purpose of monitoring TAHE’s compliance with clause 6.1.
(b) The Operator’s audit under clause 10.5(a) shall:
(1) provide TAHE with 60 days written notice of the proposed inspection;
(2) if required by TAHE, be conducted under the supervision of TAHE or its nominee and at a time that a representative of TAHE or its nominee is available to conduct the inspection provided that TAHE uses reasonable endeavours to make the representative available at a time that is reasonable and convenient to the Operator;
(3) be subject to the ability of TAHE to issue an Instruction to the Operator at any time during the audit to ensure the proper, efficient, safe and lawful use of and access to the Network by the Operator and Other Operators; and
(4) be conducted in such a manner so that it does not cause any disruption to any service of any Other Operator granted access to the Network by TAHE or the provision of services by TAHE to such operators.
(c) The Operator will provide TAHE promptly with a copy of the audit findings of any audit carried out pursuant to clause 10.5(a).
