Document ID: chunk:federal_register_of_legislation:F2024C00033:reg:1:p2
Version: federal_register_of_legislation:F2024C00033
Segment Type: reg
Provision Reference: reg 1 (pt 2/2)
Character Range: 4899–6486

in existence from time to time.

           Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

           Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

   Note 3: For paragraph (b), see subsection 589(2) of the Act.

            6  Deemed standard functional separation undertaking

       If:

         (a)   a corporation supplies superfast carriage services to no more than 50,000 residential customers using local access lines where that corporation is in a position to exercise control of those local access lines;

         (b)   that corporation has, by written notice given to the ACCC, elected to be bound by this Determination;

         (c)   that corporation has not, by written notice given to the ACCC, cancelled the election mentioned in paragraph (b); and

         (d)   the ACCC has not revoked the election mentioned in paragraph (b) under subsection 151B(7) of the Act;

       the Act has effect as if the:

         (e)   corporation had given a standard functional separation undertaking in the terms set out in section 7;

         (f)    ACCC had accepted the undertaking; and

         (g)   undertaking had come into force when the election mentioned in paragraph (b) was given to the ACCC.

          Note: For when a person is in a position to exercise control of a line, see section 155A of the Act.