Acceptance of undertaking about subscription television broadcasting licences
577E Acceptance of undertaking about subscription television broadcasting licences
The ACCC may accept a written undertaking given by Telstra that:
at all times after the end of the period specified in the undertaking, Telstra will not be in a position to exercise control of a subscription television broadcasting licence; and
Telstra will, in connection with paragraph (a), take specified action and/or refrain from taking specified action.
For when Telstra is in a position to exercise control of a subscription television broadcasting licence, see subsection (7).
In deciding whether to accept an undertaking under subsection (1), the ACCC must have regard to:
the matters (if any) set out in an instrument in force under subsection (1B); and
such other matters (if any) as the ACCC considers relevant.
The Minister may, by writing, set out matters for the purposes of paragraph (1A)(a).
Before making or varying an instrument under subsection (1B), the Minister must:
cause to be published on the Department’s website a notice:
setting out the draft instrument or variation; and
inviting persons to make submissions to the Minister about the draft instrument or variation within 14 days after the notice is published; and
consider any submissions received within the 14‑day period mentioned in paragraph (a).
The period specified in the undertaking as mentioned in paragraph (1)(a) must not be longer than 12 months.
The undertaking must be expressed to be an undertaking under this section.
The undertaking may not be withdrawn after it has been accepted by the ACCC.
If the undertaking provides for the ACCC to perform functions or exercise powers in relation to the undertaking, the ACCC may perform those functions, and exercise those powers, in accordance with the undertaking.
For the purposes of this section, the question of whether Telstra is in a position to exercise control of a subscription television broadcasting licence is to be determined under Schedule 1 to the Broadcasting Services Act 1992.
The Minister must cause a copy of an instrument under subsection (1B) to be published on the Department’s website.
An instrument under subsection (1B) is not a legislative instrument.
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