Telecommunications Act 1997

This section applies if:

Telstra gives the ACCC an undertaking under section 577A; and

Telstra gives the ACCC a draft migration plan (the original plan) in response to a request under:

subparagraph 577BDA(2)(b)(ii); or

subparagraph (2)(b)(ii) of this section.

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 this section.

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).

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, 577BDA and 577BDB and this section), to be given in accordance with the undertaking.

As soon as practicable after making a decision under subsection (2), the ACCC must notify Telstra in writing of the decision.