Duration of functional separation undertaking
151P Duration of functional separation undertaking
Scope
This section applies if:
either:
a person gives the ACCC a standard functional separation undertaking (the new undertaking); or
2 or more persons give the ACCC a joint functional separation undertaking (the new undertaking); and
the ACCC accepts the new undertaking.
Duration
If the new undertaking is not expressed to be given by way of renewal of another functional separation undertaking:
in a case where the new undertaking is accepted before the designated commencement date—the new undertaking comes into force:
on the designated commencement date; or
if a later day is specified in the new undertaking—on that day; and
in a case where the new undertaking is accepted on or after the designated commencement date—the new undertaking comes into force:
on the day after it is accepted; or
if a later day is specified in the new undertaking—on that day; and
unless sooner revoked, the new undertaking continues in force until it expires.
If the new undertaking is expressed to be given by way of renewal of another functional separation undertaking:
the new undertaking comes into force immediately after the expiry of the other undertaking; and
unless sooner revoked, the new undertaking continues in force until it expires.
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