Variation of functional separation undertaking that is in force
151Q Variation of functional separation undertaking that is in force
Scope
This section applies if:
a standard functional separation undertaking given by a person is in force; or
a joint functional separation undertaking given by 2 or more persons is in force.
Variation
The person or persons may give the ACCC a variation of the undertaking.
If the undertaking is a standard functional separation undertaking, the undertaking as varied must comply with subsections 151A(2), (5), (8), (9), (10) and (11) and paragraph 151A(4)(a).
If the undertaking is a joint functional separation undertaking, the undertaking as varied must comply with subsections 151C(2), (5), (8), (9), (10), (11), (12) and (13) and paragraph 151C(4)(a).
Form etc.
The variation must:
be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the variation; and
be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (6).
The ACCC may, by legislative instrument, determine a fee, or a method of ascertaining a fee, for the purposes of paragraph (5)(b).
A fee determined under, or ascertained in accordance with, subsection (6) must not be such as to amount to taxation.
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