Telecommunications Act 1997

If:

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

another functional separation undertaking is given to the ACCC by the person; and

the ACCC rejects the other undertaking;

omitting the expiry time specified in the existing undertaking; and

substituting the expiry time specified in the notice.

See also section 142B.

The expiry time specified in the notice:

must be later than the rejection of the other undertaking; and

must not be later than 12 months after the rejection of the other undertaking.

Subsection 151A(8) does not apply to an expiry time specified in a notice under subsection (1).

If:

a joint functional separation undertaking (the existing undertaking) given by 2 or more persons is in force; and

another functional separation undertaking is given to the ACCC by a person who is one of the persons mentioned in paragraph (a); and

the ACCC rejects the other undertaking;

omitting the expiry time specified in the existing undertaking; and

substituting the expiry time specified in the notice.

See also section 142B.

The expiry time specified in the notice:

must be later than the rejection of the other undertaking; and

must not be later than 12 months after the rejection of the other undertaking.

Subsection 151C(8) does not apply to an expiry time specified in a notice under subsection (4).

Before making a decision under this section to vary a functional separation undertaking, the ACCC must:

publish on the ACCC’s website a notice:

setting out the proposed variation; and

inviting persons to make submissions to the ACCC about the proposed variation within the time limit specified in the notice; and

consider any submissions received within the time limit specified in the notice.

The time limit must not be shorter than 15 business days after the notice is published.