Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if an undertaking given by Telstra is in force under section 577E.
(2) Telstra may give the ACCC a variation of the undertaking in so far as the undertaking is covered by paragraph 577E(1)(b).
(3) After considering the variation, the ACCC must decide to:
(a) accept the variation; or
(b) reject the variation.
(3A) In deciding whether to accept the variation, the ACCC must have regard to:
(a) the matters (if any) set out in an instrument in force under subsection (3B); and
(b) such other matters (if any) as the ACCC considers relevant.
(3B) The Minister may, by writing, set out matters for the purposes of paragraph (3A)(a).
(3C) Before making or varying an instrument under subsection (3B), the Minister must:
(a) cause to be published on the Department's website a notice:
(i) setting out the draft instrument or variation; and
(ii) inviting persons to make submissions to the Minister about the draft instrument or variation within 14 days after the notice is published; and
(b) consider any submissions received within the 14 - day period mentioned in paragraph (a).
(4) The variation takes effect when it is accepted by the ACCC.
(5) As soon as practicable after the variation takes effect, the ACCC must publish the variation on its website.
(6) The Minister must cause a copy of an instrument under subsection (3B) to be published on the Department's website.
(7) An instrument under subsection (3B) is not a legislative instrument.