Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 151Y

Scope

  (1)   This section applies to:

  (a)   a breach by a person of a functional separation undertaking given by the person, so long as the breach occurred when the undertaking was in force; and

  (b)   a contravention by a person of section   143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.

Note:   See section   142B.

Notification

  (2)   If:

  (a)   a functional separation undertaking given by a person is in force; and

  (b)   the ACCC is aware of one or more breaches or contraventions by the person; and

  (c)   the ACCC is satisfied that those breaches or contraventions do not mean that the person has an unsatisfactory compliance record in relation to functional separation; and

  (d)   the ACCC is satisfied that, if there were to be a particular kind of additional breach or contravention by the person, the person would have an unsatisfactory compliance record in relation to functional separation;

the ACCC must:

  (e)   give the person a written notice:

  (i)   stating that the ACCC considers that the person is at risk of having an unsatisfactory compliance record in relation to functional separation; and

  (ii)   informing the person that an unsatisfactory compliance record is a ground for revoking the undertaking; and

  (f)   do so as soon as practicable after becoming satisfied as mentioned in paragraph   (d).

Note:   See section   142B.

  (3)   A failure to comply with subsection   (2) does not affect the validity of a revocation of a functional separation undertaking.