Reporting obligations following giving of revocation notice
151ZA Reporting obligations following giving of revocation notice
Standard functional separation undertaking
If:
the ACCC has given a notice under section 151W revoking a standard functional separation undertaking; and
the revocation has not taken effect;
the ACCC may, by written notice given to the person who gave the undertaking, direct the person:
to give the ACCC:
a report about the person’s compliance with the undertaking; or
information about the person’s compliance with the undertaking; or
a report about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; or
information about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; and
to do so within the period specified in the direction.
See section 151ZJ (self‑incrimination).
Joint functional separation undertaking
If:
the ACCC has given a notice under section 151W revoking a joint functional separation undertaking; and
the revocation has not taken effect;
the ACCC may, by written notice given to a person who gave the undertaking jointly with one or more other persons, direct the person:
to give the ACCC:
a report about the person’s compliance with the undertaking; or
information about the person’s compliance with the undertaking; or
a report about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; or
information about action that the person has taken, is taking, or proposes to take for the purpose of ensuring that the person complies with sections 142C and 143 after the revocation takes effect; and
to do so within the period specified in the direction.
See section 151ZJ (self‑incrimination).
Compliance with direction
A person must comply with a direction under subsection (1) or (2).
Ancillary contraventions
A person must not:
aid, abet, counsel or procure a contravention of subsection (3); or
induce, whether by threats or promises or otherwise, a contravention of subsection (3); or
be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (3); or
conspire with others to effect a contravention of subsection (3).
Civil penalty provisions
Subsections (3) and (4) are civil penalty provisions.
Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
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