Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACCC may accept a written undertaking given by Telstra that:
(a) at all times after the end of the period specified in the undertaking, Telstra will not be in a position to exercise control of a hybrid fibre - coaxial network in Australia; and
(b) Telstra will, in connection with paragraph (a), take specified action and/or refrain from taking specified action.
Note: For when Telstra is in a position to exercise control of a network, see section 577Q.
(1A) In deciding whether to accept an undertaking under subsection (1), the ACCC must have regard to:
(a) the matters (if any) set out in an instrument in force under subsection (1B); and
(b) such other matters (if any) as the ACCC considers relevant.
(1B) The Minister may, by writing, set out matters for the purposes of paragraph (1A)(a).
(1C) Before making or varying an instrument under subsection (1B), 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).
(2) The period specified in the undertaking as mentioned in paragraph (1)(a) must not be longer than 12 months.
(3) The undertaking must be expressed to be an undertaking under this section.
(4) The undertaking may not be withdrawn after it has been accepted by the ACCC.
(5) If the undertaking provides for the ACCC to perform functions or exercise powers in relation to the undertaking, the ACCC may perform those functions, and exercise those powers, in accordance with the undertaking.
(6) The Minister must cause a copy of an instrument under subsection (1B) to be published on the Department's website.
(7) An instrument under subsection (1B) is not a
legislative instrument.