Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151t
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151T
Character Range: 352385–354504

151T  ACCC to accept or reject variation

Scope
 (1) This section applies if:
 (a) a person gives the ACCC a variation of a standard functional separation undertaking; or
 (b) 2 or more persons give the ACCC a variation of a joint functional separation undertaking.

Decision to accept or reject variation
 (2) After considering the variation, the ACCC must:
 (a) accept the variation; or
 (b) reject the variation.

Notice of decision
 (3) If the ACCC accepts the variation, the ACCC must give the person or persons a written notice:
 (a) stating that the variation has been accepted; and
 (b) setting out the terms of the variation.
 (4) If the ACCC rejects the variation, the ACCC must give the person or persons a written notice:
 (a) stating that the variation has been rejected; and
 (b) setting out the reasons for the rejection.

ACCC to make decision within 3 months
 (5) The ACCC must take all reasonable steps to ensure that a decision about the variation is made under subsection (2) within 3 months after receiving the variation.
 (6) In calculating the 3‑month period referred to in subsection (5), disregard:
 (a) a day in the period:
 (i) beginning on the day on which the ACCC published the variation under section 151U; and
 (ii) ending at the end of the time limit specified by the ACCC when it published the variation under section 151U; and
 (b) if the ACCC has requested further information under section 151R in relation to the variation—a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision‑making period
 (7) The ACCC may, by written notice given to the person or persons, extend the 3‑month period referred to in subsection (5) (the initial 3‑month period), so long as:
 (a) the extension is for a period of not more than 3 months; and
 (b) the notice includes a statement explaining why the ACCC has been unable to make a decision on the variation within the initial 3‑month period.
 (8) As soon as practicable after the ACCC gives a notice under subsection (7), the ACCC must publish a copy of the notice on the ACCC's website.