Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577l
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577L
Character Range: 1297634–1299865

577L  Limits on assignment of certain spectrum licences to Telstra etc.
 (1) If:
 (a) the excluded spectrum regime applies to Telstra; and
 (b) a spectrum licence relates to a designated part of the spectrum;
the licensee of the spectrum licence must not:
 (c) assign the whole or a part of the licence to Telstra; or
 (d) otherwise deal with Telstra in relation to the whole or a part of the licence.
Note: For excluded spectrum regime, see section 577GA.
 (2) However, the rule in subsection (1) does not apply if:
 (a) both:
 (i) an undertaking given by Telstra is in force under section 577A; and
 (ii) the undertaking is covered by subsection (2A); and
 (b) either:
 (i) an undertaking given by Telstra is in force under section 577C; or
 (ii) a declaration is in force under subsection 577J(3); and
 (c) either:
 (i) an undertaking given by Telstra is in force under section 577E; or
 (ii) a declaration is in force under subsection 577J(5).
Note 1: Section 577A deals with undertakings about structural separation.
Note 2: Section 577C deals with undertakings about hybrid fibre‑coaxial networks.
Note 3: Section 577E deals with undertakings about subscription television broadcasting licences.
 (2A) This subsection covers a section 577A undertaking if:
 (a) the following conditions are satisfied:
 (i) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (ii) in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;
 (iii) the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or
 (b) the undertaking does not require Telstra to give the ACCC a draft migration plan.
 (3) A person must not:
 (a) aid, abet, counsel or procure a contravention of subsection (1); or
 (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
 (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
 (d) conspire with others to effect a contravention of subsection (1).
 (4) Subsections (1) and (3) are civil penalty provisions.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.

Division 7—Other provisions