Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 151Z

Variation of functional separation undertaking following giving of revocation notice

Standard functional separation undertaking

  (1)   If:

  (a)   the ACCC has given a notice under section   151W revoking a standard functional separation undertaking; and

  (b)   the revocation has not taken effect;

the ACCC may, by written notice given to the person who gave the undertaking, vary the undertaking.

  (2)   The ACCC must not vary a standard functional separation undertaking under subsection   (1) unless the variation:

  (a)   addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section   151W; and

  (b)   does not address any other matter.

Joint functional separation undertaking

  (3)   If:

  (a)   the ACCC has given a notice under section   151W revoking a joint functional separation undertaking; and

  (b)   the revocation has not taken effect;

the ACCC may, by written notice given to each of the persons who gave the undertaking, vary the undertaking.

  (4)   The ACCC must not vary a joint functional separation undertaking under subsection   (3) unless the variation:

  (a)   addresses the matter or matters that constituted the grounds for the revocation of the undertaking under section   151W; and

  (b)   does not address any other matter.

When variation takes effect

  (5)   A variation under subsection   (1) or (3) takes effect at the time the notice is given.



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