s. 38ZZZ (b) an access seeker and itself; or (c) an access seeker and a related body corporate of the access provider— if the characteristics or nature of those services are the same. Note Subsection (1) is a penalty provision: See the definition of in section 38A. penalty provision (2) In determining whether the characteristics or nature of declared rail transport services are the same, regard must be had to all relevant matters, including— (a) the location, duration and quality of the train path; (b) the nature of the rolling stock; (c) the duration of any agreement for the provision of those declared rail transport services; (d) the arrival and departure times of trains. Pt 2A Div. 7 Division 7—Confidential information (Heading and ss inserted by No. 25/2005 s. 6. S. 38ZZZ 38ZZZ Access provider confidential information obligations inserted by No. 25/2005 (1) An access provider must not use information s. 6. given to them by an access seeker or a user in confidence other than solely for a relevant purpose. Note Subsection (1) is a penalty provision: See the definition of in section 38A. penalty provision (2) In subsection (1)—
(b) an access seeker and itself; or (c) an access seeker and a related body corporate of the access provider— if the characteristics or nature of those services are the same. Note Subsection (1) is a penalty provision: See the definition of penalty provision in section 38A. (2) In determining whether the characteristics or nature of declared rail transport services are the same, regard must be had to all relevant matters, including— (a) the location, duration and quality of the train path; (b) the nature of the rolling stock; (c) the duration of any agreement for the provision of those declared rail transport services; (d) the arrival and departure times of trains. Pt 2A Div. 7 (Heading and ss inserted by No. 25/2005 s. 6. Division 7—Confidential information S. 38ZZZ inserted by No. 25/2005 s. 6. 38ZZZ Access provider confidential information obligations s. 38ZZZ (1) An access provider must not use information given to them by an access seeker or a user in confidence other than solely for a relevant purpose. Note Subsection (1) is a penalty provision: See the definition of penalty provision in section 38A. (2) In subsection (1)—