Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation
151Y Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation
Scope
This section applies to:
a breach by a person of a functional separation undertaking given by the person, so long as the breach occurred when the undertaking was in force; and
a contravention by a person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.
See section 142B.
Notification
If:
a functional separation undertaking given by a person is in force; and
the ACCC is aware of one or more breaches or contraventions by the person; and
the ACCC is satisfied that those breaches or contraventions do not mean that the person has an unsatisfactory compliance record in relation to functional separation; and
the ACCC is satisfied that, if there were to be a particular kind of additional breach or contravention by the person, the person would have an unsatisfactory compliance record in relation to functional separation;
the ACCC must:
give the person a written notice:
stating that the ACCC considers that the person is at risk of having an unsatisfactory compliance record in relation to functional separation; and
informing the person that an unsatisfactory compliance record is a ground for revoking the undertaking; and
do so as soon as practicable after becoming satisfied as mentioned in paragraph (d).
See section 142B.
A failure to comply with subsection (2) does not affect the validity of a revocation of a functional separation undertaking.
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