Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 151H

  (1)   If:

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

  (b)   the ACCC rejects the first functional separation undertaking; and

  (c)   the person subsequently gives the ACCC another standard functional separation undertaking; and

  (d)   the ACCC is satisfied that any or all of the provisions of the first functional separation undertaking are materially similar to any or all of the provisions of the other functional separation undertaking;

the ACCC may refuse to consider the other functional separation undertaking.

  (2)   If:

  (a)   2 or more persons give the ACCC a joint functional separation undertaking (the first functional separation undertaking ); and

  (b)   the ACCC rejects the first functional separation undertaking; and

  (c)   those persons subsequently give the ACCC another joint functional separation undertaking; and

  (d)   the ACCC is satisfied that any or all of the provisions of the first functional separation undertaking are materially similar to any or all of the provisions of the other functional separation undertaking;

the ACCC may refuse to consider the other functional separation undertaking.

Refund of fee

  (3)   If:

  (a)   the ACCC refuses to consider a functional separation undertaking under this section; and

  (b)   a person or persons have paid a fee in relation to the undertaking;

the ACCC must, on behalf of the Commonwealth, refund the fee.