Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 151F

Scope

  (1)   This section applies if:

  (a)   a person gives the ACCC a standard functional separation undertaking; or

  (b)   2 or more persons give the ACCC a joint functional separation undertaking.

Decision to accept or reject undertaking

  (2)   After considering the undertaking, the ACCC must:

  (a)   accept the undertaking; or

  (b)   reject the undertaking.

Notice of decision

  (3)   If the ACCC accepts the undertaking, the ACCC must give the person or persons a written notice stating that the undertaking has been accepted.

  (4)   If the ACCC rejects the undertaking, the ACCC must give the person or persons a written notice:

  (a)   stating that the undertaking has been rejected; and

  (b)   setting out the reasons for the rejection.

ACCC to make decision within 3 months

  (5)   The ACCC must take all reasonable steps to ensure that a decision about the undertaking is made under subsection   (2) within 3 months after receiving the undertaking.

  (6)   In calculating the 3 - month period referred to in subsection   (5), disregard:

  (a)   if:

  (i)   the ACCC has given a notice under section   151K in relation to the undertaking; and

  (ii)   no varied undertaking was given to the ACCC in response to the notice;

    a day in the period specified in the notice; and

  (b)   if:

  (i)   the ACCC has given a notice under section   151K in relation to the undertaking; and

  (ii)   a varied undertaking was given to the ACCC in response to the notice;

    a day in the period:

  (iii)   beginning on the day on which the notice was given; and

  (iv)   ending at the end of the time limit specified by the ACCC when it published the varied undertaking under section   151G; and

  (c)   if the ACCC has not given a notice under section   151K in relation to the undertaking--a day in the period:

  (i)   beginning on the day on which the ACCC published the undertaking under section   151G; and

  (ii)   ending at the end of the time limit specified by the ACCC when it published the undertaking under section   151G; and

  (d)   if the ACCC has requested further information under section   151D in relation to the undertaking--a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision - making period

  (7)   The ACCC may, by written notice given to the person or persons, extend the 3 - month period referred to in subsection   (5) (the initial 3 - month period ), so long as:

  (a)   the extension is for a period of not more than 3 months; and

  (b)   the notice includes a statement explaining why the ACCC has been unable to make a decision on the undertaking within the initial 3 - month period.

  (8)   As soon as practicable after the ACCC gives a notice under subsection   (7), the ACCC must publish a copy of the notice on the ACCC's website.