Approval of draft migration plan by the ACCC—plan given before undertaking about structural separation comes into force
577BDA Approval of draft migration plan by the ACCC—plan given before undertaking about structural separation comes into force
If:
Telstra gives the ACCC an undertaking under section 577A; and
the specified action first mentioned in paragraph 577A(1)(b) consists of, or includes, giving the ACCC a draft migration plan after the undertaking has come into force; and
the following conditions are satisfied:
Telstra has, in a document accompanying the undertaking, nominated the event mentioned in subparagraph 577AA(1)(c)(vi);
the nomination meets the requirements of paragraph 577AA(1)(b) and subsection 577AA(2);
Telstra may give the ACCC a draft migration plan (the original plan) during the period:
beginning when Telstra gives the ACCC the undertaking; and
ending when the undertaking comes into force;
as if the undertaking had come into force.
Decision
The ACCC must:
if the ACCC is satisfied that the original plan complies with the migration plan principles—approve the original plan; or
otherwise:
refuse to approve the original plan; and
by written notice given to Telstra, request Telstra to give the ACCC, within 30 days after the notice is given, a replacement draft migration plan that complies with the migration plan principles.
For migration plan principles, see section 577BB.
If Telstra gives the ACCC a replacement draft migration plan in response to the request, the ACCC will make a decision about the plan under section 577BDC.
The ACCC must not make a decision under subsection (2) before it accepts the undertaking.
After the undertaking comes into force, this Act (other than section 577BD and this section) has effect as if the original plan had been given to the ACCC in accordance with the undertaking.
Consultation
Before making a decision under subsection (2), the ACCC must:
cause to be published on the ACCC’s website a notice:
setting out the original plan; and
inviting persons to make submissions to the ACCC about the original plan within 28 days after the notice is published; and
cause to be published on the ACCC’s website a copy of each submission received within the 28‑day period mentioned in paragraph (a); and
consider any submissions received within the 28‑day period mentioned in paragraph (a).
Replacement plan to be treated as if it had been given in accordance with the undertaking
A draft migration plan given by Telstra in response to a request under subparagraph (2)(b)(ii) is taken, for the purposes of this Act (other than sections 577BD, 577BDB and 577BDC and this section), to be given in accordance with the undertaking.
Notification of decision
As soon as practicable after making a decision under subsection (2), the ACCC must notify Telstra in writing of the decision.
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