Commonwealth Consolidated Acts Commonwealth Consolidated ActsNotification by person who gave undertaking
(1) If:
(a) a functional separation undertaking given by a person (the first person ) is in force; and
(b) the first person becomes aware that:
(i) a person who was not in a position to exercise control of the first person has become in a position to exercise control of the first person; or
(ii) a person who was in a position to control the first person has ceased to be in that position;
the first person must:
(c) notify the ACCC, in writing, of that event; and
(d) do so as soon as practicable, but not later than 10 business days, after becoming so aware.
Note: See section 154.
(2) The notice must be in a form approved, in writing, by the ACCC.
Notification by controller of person who gave undertaking
(3) If:
(a) a functional separation undertaking given by a person (the first person ) is in force; and
(b) another person becomes aware that the other person is in a position to exercise control of the first person;
the other person must:
(c) notify the ACCC, in writing, of that position; and
(d) do so as soon as practicable, but not later than 10 business days, after becoming so aware.
Note: See section 154.
(4) The notice must be in a form approved, in writing, by the ACCC.
Ancillary contraventions
(5) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1) or (3); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1) or (3); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1) or (3); or
(d) conspire with others to effect a contravention of subsection (1) or (3).
Civil penalty provisions
(6) Subsections (1), (3) and (5) are civil penalty provisions .
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.