Aurizon Network’s response. Within 20 Business Days after receipt of such notification, Aurizon Network must advise the Claimant Access Holder:
Aurizon Network’s response. As Aurizon Network proposes in Section 3.2, AU changes to provide a comprehensive SUFA framework should be addressed as part of the 2014 DAU process.
Aurizon Network’s response a) A broadening of the scope of parties eligible to be SUFA investors Aurizon Network supports this proposal. In the context of the QCA’s passive Trustee plus construction contract concept, any party should be entitled to become a user funder. As mentioned in section 11.2, Aurizon Network agrees that the concept of stapling of the access rights to investment rights should not apply at any stage of a SUFA project. These positions are based on the premise that Aurizon Network itself will not be a SUFA user funder. Aurizon Network notes that each user funder’s creditworthiness and legal/tax status (for example, whether it is a unit trust or an Australian tax resident) may be relevant to other user funders, but is not directly relevant to Aurizon Network.
Aurizon Network’s response a) Granting security over access charges under linked access agreements for an amount equal to the rent payable in the event that the direction to pay mechanism is no longer effective Aurizon Network supports this proposal and looks forward to working further with the QCA on the development of the security mechanism.
Aurizon Network’s response a) The 2013 SUFA DAAU SUHD should be amended so that there is no requirement for stapling Aurizon Network supports this position.
Aurizon Network’s response a) The Trust should be allowed to obtain finance itself Aurizon Network supports this proposal subject to Aurizon Network positions detailed within this section being accepted.
Aurizon Network’s response a) The acceptance of the rental calculation methodology under current regulation practices as reasonable Aurizon Network supports this position.
Aurizon Network’s response a) The attachment of a redacted draft of the Infrastructure Lease to the SUFA documentation. The redactions should permit the preference unit holders to determine how QTH may terminate the Infrastructure Lease Aurizon Network supports the principle that it should make available a redacted Relevant Infrastructure Lease(s). The redacted document(s) should rather be provided to access seekers during the negotiation of each SUFA transaction rather than being attached to SUFA documentation. Each redacted document would include all default and termination provisions. The redactions will relate to confidential commercial positions. Aurizon Network’s provision of redacted Relevant Infrastructure Lease(s) to an access seeker would be conditional upon: • each Relevant Infrastructure Lessor’s consent to the disclosure; and • the access seeker entering into a suitable confidentiality agreement, under which the access seeker could disclose the information received by it to its advisers, potential financiers and potential SUFA investors, provided that they in turn agree to keep the information confidential.
Aurizon Network’s response a) The clarification and simplification of the method of rental calculation Aurizon Network supports this proposal. Aurizon Network welcomes further consultation with the QCA to provide further clarity regarding the rental calculation methodology. Due to the intricate nature of the regulatory regime, Aurizon Network notes that the method of rental calculation will by its nature be complex.
Aurizon Network’s response a) The effectiveness or otherwise of the SUFA documents to enable the Trust to claim tax depreciation must be tested with the ATO – through an ABA, and a PBR when an actual SUFA transaction arises Aurizon Network supports this position.
