(1) The ACMA or the Home Affairs Minister may accept any of the following undertakings:
(a) a written undertaking given by a person that the person will, in order to comply with this Act, take specified action;
(b) a written undertaking given by a person that the person will, in order to comply with this Act, refrain from taking specified action;
(c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not contravene this Act, or is unlikely to contravene this Act, in the future.
(2) The undertaking must be expressed to be an undertaking under this section.
(3) The person may withdraw or vary the undertaking at any time, but only with the consent of the ACMA or the Home Affairs Minister.
(4) The ACMA or the Home Affairs Minister may, by written notice given to the person, cancel the undertaking.
(5) The ACMA may publish the undertaking on its website. The Home Affairs Minister may arrange for the publishing of the undertaking on the Home Affairs Department's website.
(5A) Despite subsection (1), the Home Affairs Minister is not entitled to accept an undertaking under this section unless the undertaking relates to compliance with:
(a) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to subsection 313(1A), 314A(3), 315A(5), 315B(12) or 315C(3); or
(b) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to subsection 313(1A) or (2A), 314A(3), 315A(5), 315B(12) or 315C(3).
(5B) The ACMA's powers under subsections (3) to (5) are only in relation to undertakings it has accepted. The Home Affairs Minister's powers under those subsections are only in relation to undertakings he or she has accepted.
(6) In this section:
"this Act" includes:
(a) the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and
(b) the Do Not Call Register Act 2006 .