Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 577B

  (1)   This section applies if an undertaking is in force under section   577A.

  (2)   If the undertaking imposes obligations or prohibitions on a designated Telstra successor company, the designated Telstra successor company may give the ACCC a variation of the undertaking, in so far as the undertaking:

  (a)   is covered by paragraph   577A(1)(b); and

  (b)   does not consist of provisions of a final migration plan.

Note:   For variation of a final migration plan, see section   577BF.

  (3)   After considering the variation, the ACCC must decide to:

  (a)   accept the variation; or

  (b)   reject the variation.

  (4)   In deciding whether to accept the variation, the ACCC must have regard to:

  (a)   the matters (if any) set out in an instrument in force under subsection   (5); and

  (b)   such other matters (if any) as the ACCC considers relevant.

  (5)   The Minister may, by writing, set out matters for the purposes of paragraph   (4)(a).

  (5A)   Before making or varying an instrument under subsection   (5), the Minister must:

  (a)   cause to be published on the Department's website a notice:

  (i)   setting out the draft instrument or variation; and

  (ii)   inviting persons to make submissions to the Minister about the draft instrument or variation within 14 days after the notice is published; and

  (b)   consider any submissions received within the 14 - day period mentioned in paragraph   (a).

  (6)   The variation takes effect when it is accepted by the ACCC.

  (7)   As soon as practicable after the variation takes effect, the ACCC must publish the variation on its website.

  (8)   The Minister must cause a copy of an instrument under subsection   (5) to be published on the Department's website.

  (9)   An instrument under subsection   (5) is not a legislative instrument.