(1) Despite the amendments made by Schedule 1, the Act applies on or after the commencement day in relation to an action by Australian Rail Track Corporation Limited that the Minister decided before the commencement day was a controlled action as if the amendments made by Schedule 1 had not been made.
(2) The amendments made by Schedule 1 apply in relation to an action by Australian Rail Track Corporation Limited that, on or after the commencement day, the Minister decides is a controlled action (whether the action was referred to the Minister before, on or after the commencement day).
(3) In this regulation:
"commencement day" means the day on which this regulation commences.