Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577a:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577A (pt 1/3)
Character Range: 15911–18773

577A  Acceptance of undertaking about structural separation
 (1) The ACCC may accept a written undertaking given by Telstra that:
 (a) at all times after the designated day:
 (i) Telstra will not supply fixed‑line carriage services to retail customers in Australia using a telecommunications network over which Telstra is in a position to exercise control; and
 (ii) Telstra will not be in a position to exercise control of a company that supplies fixed‑line carriage services to retail customers in Australia using a telecommunications network over which Telstra is in a position to exercise control; and
 (b) Telstra will, in connection with paragraph (a), take specified action and/or refrain from taking specified action.
Note 1: For when Telstra is in a position to exercise control of a network, see section 577Q.
Note 2: For control of a company, see section 577P.

Transparency and equivalence
 (2) For the purposes of paragraph (1)(b), a matter relating to transparency and equivalence in relation to the supply by Telstra of regulated services to:
 (a) Telstra's wholesale customers; and
 (b) Telstra's retail business units;
during the period:
 (c) beginning when the undertaking comes into force; and
 (d) ending at the start of the designated day;
is taken to be a matter that is in connection with paragraph (1)(a).
 (3) The ACCC must not accept an undertaking under this section unless the ACCC is satisfied that:
 (a) the undertaking provides for transparency and equivalence in relation to the supply by Telstra of regulated services to:
 (i) Telstra's wholesale customers; and
 (ii) Telstra's retail business units;
  during the period:
 (iii) beginning when the undertaking comes into force; and
 (iv) ending at the start of the designated day; and
 (b) the undertaking does so in an appropriate and effective manner.
 (4) In subsections (2) and (3), equivalence, supply, regulated service and retail business unit have the same meaning as in Part 9 of Schedule 1.

Monitoring of compliance
 (5) The ACCC must not accept an undertaking under this section unless the ACCC is satisfied that:
 (a) the undertaking provides for:
 (i) the ACCC to monitor Telstra's compliance with the undertaking; and
 (ii) Telstra to have systems, procedures and processes that promote and facilitate the ACCC's monitoring of Telstra's compliance with the undertaking; and
 (b) the undertaking does so in an appropriate and effective manner.

Matters to which ACCC must have regard
 (6) In deciding whether to accept an undertaking under this section, the ACCC must have regard to:
 (a) the matters set out in an instrument in force under subsection (7); and
 (aa) the national interest in structural reform of the telecommunications industry; and
 (ab) the impact of that structural reform on:
 (i) consumers; and
 (ii) competition in telecommunications markets;