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TELECOMMUNICATIONS ACT 1997 - SECT 151J

Criteria for accepting functional separation undertaking

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.

Criteria

  (2)   In deciding whether to accept the undertaking, the ACCC must have regard to:

  (a)   whether the undertaking promotes the long - term interests of end - users of carriage services or of services supplied by means of carriage services; and

  (b)   the matters (if any) specified in a determination that was in force under subsection   (3) at the time the undertaking was given; and

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

  (3)   The Minister may, by legislative instrument, determine one or more matters for the purposes of paragraph   (2)(b).



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