Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152cba:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152CBA (pt 2/3)
Character Range: 1983932–1986685

all terms and conditions—see subparagraph 152AY(2)(b)(ii).
 (3B) The undertaking may also state, in the event that the person supplies the service (whether to itself or to other persons), the person:
 (a) will engage in specified conduct in relation to access to the service; and
 (b) will do so on such terms and conditions as are specified in the undertaking.
 (3C) If the person is an NBN corporation, the undertaking may also state that the NBN corporation will engage in specified conduct in relation to:
 (a) developing a new eligible service (within the meaning of section 152AL); or
 (b) enhancing a declared service; or
 (c) extending or enhancing the capability of a facility or telecommunications network by means of which a declared service is, or is to be, supplied; or
 (d) planning for a facility or telecommunications network by means of which a declared service is, or is to be, supplied; or
 (e) an activity that is preparatory to the supply of a declared service; or
 (f) an activity that is ancillary or incidental to the supply of a declared service; or
 (g) giving information to service providers about any of the above activities.
 (3D) For the purposes of this Part, in determining whether the undertaking relates to a particular service or proposed service, disregard a statement included in the undertaking in accordance with subsection (3C).
 (4) The undertaking must be in a form approved in writing by the Commission.
 (5) The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.

Expiry time
 (6) The undertaking must specify the expiry time of the undertaking.
 (7) The expiry time of the undertaking may be described by reference to the end of a period beginning:
 (a) when the undertaking comes into operation; or
 (b) when the person begins to supply the service (whether to itself or to other persons).
 (8) Subsection (7) does not, by implication, limit subsection (6).
 (9) The undertaking may provide for the person to extend, or further extend, the expiry time of the undertaking, so long as:
 (a) the extension or further extension is approved by the Commission; and
 (b) the undertaking sets out criteria that are to be applied by the Commission in deciding whether to approve the extension or further extension.
 (10) If the undertaking expires, this Part does not prevent the person from giving a fresh special access undertaking in the same terms as the expired undertaking.

Commission may perform functions or exercise powers
 (10A) If the undertaking provides for the Commission to perform functions or exercise powers in relation to the undertaking, the Commission may perform those functions, and exercise those powers, in accordance with the