Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_171
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 171
Character Range: 239645–241478

171  At the end of section 152CBD
Add:
 (3) Subsection (2) has effect subject to subsection 152CBAA(5) (fixed principles terms and conditions).
 (4) If the undertaking provides that a term or condition specified in the undertaking is a fixed principles term or condition for a period that, under the undertaking, is expressed to be the notional fixed period for the fixed principles term or condition, the Commission must refuse to accept the undertaking if the Commission considers that:
 (a) the fixed principles term or condition should not be a fixed principles term or condition; or
 (b) that notional fixed period should not be the notional fixed period for the fixed principles term or condition; or
 (c) if the undertaking provides that one or more specified circumstances are qualifying circumstances in relation to the fixed principles term or condition—any of the qualifying circumstances should not be qualifying circumstances in relation to the fixed principles term or condition; or
 (d) if the undertaking does not provide that particular circumstances are qualifying circumstances in relation to the fixed principles term or condition—those circumstances should be qualifying circumstances in relation to the fixed principles term or condition.
 (5) Subsection (4) has effect subject to subsection 152CBAA(5) (fixed principles terms and conditions).
 (6) If a special access undertaking is given to the Commission in response to a notice under section 152CBDA, the Commission is not required to publish the undertaking under paragraph (2)(d) of this section unless the Commission is satisfied that:
 (a) the variations specified in the notice are not of a minor nature; or
 (b) the variations specified in the notice are likely to have a material adverse effect on the legitimate commercial interests of any person.