Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 152BU

             (1)  This section applies if an ordinary access undertaking is given to the Commission by a carrier or carriage service provider.

          (1A)  Before the Commission makes a decision under subsection (2) in relation to the undertaking, the carrier or provider may, by written notice given to the Commission within the time allowed by the Procedural Rules, modify the undertaking, so long as the modification is a modification that, under the Procedural Rules, is taken to be of a minor nature.

Decision to accept or reject undertaking

             (2)  After considering the undertaking, the Commission must:

                     (a)  accept the undertaking; or

                     (b)  reject the undertaking.

Notice of decision

             (3)  If the Commission accepts the undertaking, the Commission must give the carrier or provider a written notice stating that the undertaking has been accepted.

             (4)  If the Commission rejects the undertaking, the Commission must give the carrier or provider a written notice:

                     (a)  stating that the undertaking has been rejected; and

                     (b)  setting out the reasons for the rejection.

Commission to make decision within 6 months

             (5)  If the Commission does not make a decision under subsection (2) about the undertaking within 6 months after receiving the undertaking, the Commission is taken to have made, at the end of that 6‑month period, a decision under subsection (2) to accept the undertaking.

             (6)  In calculating the 6‑month period referred to in subsection (5), disregard:

                     (a)  if the Commission has published the undertaking under paragraph 152BV(2)(a)--a day in the period:

                              (i)  beginning on the date of publication; and

                             (ii)  ending at the end of the time limit specified by the Commission when it published the undertaking; and

                     (b)  if the Commission has requested further information under section 152BT in relation to the undertaking--a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision‑making period

             (7)  The Commission may, by written notice given to the carrier or provider, extend or further extend the 6‑month period referred to in subsection (5), so long as:

                     (a)  the extension or further extension is for a period of not more than 3 months; and

                     (b)  the notice includes a statement explaining why the Commission has been unable to make a decision on the undertaking within that 6‑month period or that 6‑month period as previously extended, as the case may be.

             (8)  As soon as practicable after the Commission gives a notice under subsection (7), the Commission must cause a copy of the notice to be made available on the internet.