Telecommunications Act 1997

If:

the excluded spectrum regime applies to Telstra; and

a spectrum licence relates to a designated part of the spectrum;

assign the whole or a part of the licence to Telstra; or

otherwise deal with Telstra in relation to the whole or a part of the licence.

For excluded spectrum regime, see section 577GA.

However, the rule in subsection (1) does not apply if:

both:

an undertaking given by Telstra is in force under section 577A; and

the undertaking is covered by subsection (2A); and

either:

an undertaking given by Telstra is in force under section 577C; or

a declaration is in force under subsection 577J(3); and

either:

an undertaking given by Telstra is in force under section 577E; or

a declaration is in force under subsection 577J(5).

Section 577A deals with undertakings about structural separation.

Section 577C deals with undertakings about hybrid fibre‑coaxial networks.

Section 577E deals with undertakings about subscription television broadcasting licences.

This subsection covers a section 577A undertaking if:

the following conditions are satisfied:

the undertaking requires Telstra to give the ACCC a draft migration plan;

in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;

the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or

the undertaking does not require Telstra to give the ACCC a draft migration plan.

A person must not:

aid, abet, counsel or procure a contravention of subsection (1); or

induce, whether by threats or promises or otherwise, a contravention of subsection (1); or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or

conspire with others to effect a contravention of subsection (1).

Subsections (1) and (3) are civil penalty provisions.

Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.