Telecommunications Act 1997

This clause applies if a final functional separation undertaking is in force.

The Minister may, in writing, vary the final functional separation undertaking:

at the request of Telstra or another person; or

on the Minister’s own initiative.

The Minister does not have a duty to consider whether to exercise the power to vary a final functional separation undertaking, whether he or she is requested to do so by Telstra or by any other person, or in any other circumstances.

Before varying a final functional separation undertaking, the Minister must:

cause to be published on the Department’s website a notice:

setting out the proposed variation; and

inviting persons to make submissions to the Minister about the proposed variation within 14 days after the notice is published; and

give the ACCC a copy of the notice; and

cause to be published on the Department’s website a copy of each submission received within the 14‑day period mentioned in paragraph (a); and

consider any submissions received within the 14‑day period mentioned in paragraph (a); and

ask the ACCC to give advice to the Minister, within 44 days after the notice is published, about the proposed variation; and

have regard to any advice given by the ACCC.

Subclause (4) does not apply to a proposed variation if the variation is of a minor nature.

If the proposed variation:

is of a minor nature; and

is not made at the request of Telstra;

give Telstra a notice:

setting out the proposed variation; and

inviting Telstra to make submissions to the Minister about the proposed variation within 14 days after the notice is given; and

consider any submissions received from Telstra within that 14‑day period.

Subclause (4) does not, by implication, prevent the Minister from asking the ACCC to give the Minister additional advice about a matter arising under this clause.

As soon as practicable after varying a final functional separation undertaking, the Minister must notify Telstra in writing of the variation.

A variation of a final functional separation undertaking comes into force on the day after the notice of the variation is given to Telstra in accordance with subclause (8).

A variation of a final functional separation undertaking is not a legislative instrument.