Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151y
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151Y
Character Range: 361382–362963

151Y  Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation

Scope
 (1) This section applies to:
 (a) a breach by a person of a functional separation undertaking given by the person, so long as the breach occurred when the undertaking was in force; and
 (b) a contravention by a person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.
Note: See section 142B.

Notification
 (2) If:
 (a) a functional separation undertaking given by a person is in force; and
 (b) the ACCC is aware of one or more breaches or contraventions by the person; and
 (c) the ACCC is satisfied that those breaches or contraventions do not mean that the person has an unsatisfactory compliance record in relation to functional separation; and
 (d) the ACCC is satisfied that, if there were to be a particular kind of additional breach or contravention by the person, the person would have an unsatisfactory compliance record in relation to functional separation;
the ACCC must:
 (e) give the person a written notice:
 (i) stating that the ACCC considers that the person is at risk of having an unsatisfactory compliance record in relation to functional separation; and
 (ii) informing the person that an unsatisfactory compliance record is a ground for revoking the undertaking; and
 (f) do so as soon as practicable after becoming satisfied as mentioned in paragraph (d).
Note: See section 142B.
 (3) A failure to comply with subsection (2) does not affect the validity of a revocation of a functional separation undertaking.