Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_76:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 76 (pt 1/2)
Character Range: 105627–108436

76  Draft functional separation undertaking to be given to Minister
 (1) Telstra must give the Minister a draft functional separation undertaking:
 (a) within 90 days after the first functional separation requirements determination comes into force; or
 (b) if a longer period is specified in an instrument under subclause (3)—within that longer period.
 (2) However, subclause (1) does not apply if:
 (a) the following conditions are satisfied:
 (i) an undertaking given by Telstra is in force under section 577A;
 (ii) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (iii) in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;
 (iv) the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or
 (b) both:
 (i) an undertaking given by Telstra is in force under section 577A; and
 (ii) the undertaking does not require Telstra to give the ACCC a draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
 (3) The Minister may, by writing, specify a period for the purposes of paragraph (1)(b).
 (4) The Minister must not specify a period under subclause (3) unless:
 (a) Telstra satisfies the Minister that Telstra is preparing an undertaking under section 577A; or
 (b) both:
 (i) Telstra has given the ACCC an undertaking under section 577A; and
 (ii) the ACCC has not decided whether to accept the undertaking; or
 (c) the following conditions are satisfied:
 (i) Telstra has given the ACCC an undertaking under section 577A;
 (ii) the ACCC has decided to accept the undertaking;
 (iii) that decision is expressed to be subject to the occurrence of one or more specified events within a specified period;
 (iv) the undertaking is not in force;
 (v) that period has not ended; or
 (d) the following conditions are satisfied:
 (i) an undertaking given by Telstra is in force under section 577A;
 (ii) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (iii) Telstra satisfies the Minister that Telstra is preparing a draft migration plan to be given to the ACCC in accordance with the undertaking; or
 (e) the following conditions are satisfied:
 (i) an undertaking given by Telstra is in force under section 577A;
 (ii) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (iii) Telstra has given the ACCC a draft migration plan in accordance with the undertaking;
 (iv) the ACCC has not decided whether to approve the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC.
Note: Section 577A deals with undertakings about structural separation.
 (5) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Minister by subclause (3). However, the Minister must not revoke a subclause