Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_85
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 85
Character Range: 49868–51641

85  At the end of section 152BU
Add:

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.

Note 1: The following heading to subsection 152BU(2) is inserted "Decision to accept or reject undertaking".

Note 2: The following heading to subsection 152BU(3) is inserted "Notice of decision".