Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) a standard functional separation undertaking given by a person is in force; or
(b) a joint functional separation undertaking given by 2 or more persons is in force.
Variation
(2) The person or persons may give the ACCC a variation of the undertaking.
(3) If the undertaking is a standard functional separation undertaking, the undertaking as varied must comply with subsections 151A(2), (5), (8), (9), (10) and (11) and paragraph 151A(4)(a).
(4) If the undertaking is a joint functional separation undertaking, the undertaking as varied must comply with subsections 151C(2), (5), (8), (9), (10), (11), (12) and (13) and paragraph 151C(4)(a).
Form etc.
(5) The variation must:
(a) be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the variation; and
(b) be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (6).
(6) The ACCC may, by legislative instrument, determine a fee, or a method of ascertaining a fee, for the purposes of paragraph (5)(b).
(7) A fee determined under, or ascertained in accordance with, subsection (6) must not be such as to amount to taxation.