Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577ba:p3
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577BA (pt 3/6)
Character Range: 1234539–1237396

undertaking in force under section 577A, the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (7) If:
 (a) a person directly or indirectly acquires an asset from a designated Telstra successor company; and
 (b) the disposal of the asset by the designated Telstra successor company is required for the compliance by the designated Telstra successor company with an undertaking in force under section 577A; and
 (c) the person is identified in the undertaking as the person by whom the asset is to be directly or indirectly acquired;
the acquisition of the asset is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (8) If:
 (a) Telstra or a designated Telstra successor company enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) Telstra or the designated Telstra successor company enters into the contract, arrangement or understanding in order to comply with an undertaking in force under section 577A;
then:
 (c) the entering into of the contract, arrangement or understanding by Telstra or the designated Telstra successor company; and
 (d) the entering into of the contract, arrangement or understanding by the NBN corporation; and
 (e) conduct engaged in by Telstra or a designated Telstra successor company or the NBN corporation in order to give effect to a provision of the contract, arrangement or understanding; and
 (f) conduct engaged in by another NBN corporation in order to facilitate the first‑mentioned NBN corporation giving effect to a provision of the contract, arrangement or understanding; and
 (g) conduct engaged in by a designated Telstra successor company in order to facilitate Telstra or a designated Telstra successor company giving effect to a provision of the contract, arrangement or understanding;
is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (9) If:
 (a) an undertaking is in force under section 577A; and
 (b) Telstra or a designated Telstra successor company enters into a contract, arrangement or understanding with an NBN corporation;
the Minister may, by legislative instrument, determine that subsection (8) applies, and is taken to have always applied, as if Telstra or the designated Telstra successor company had entered into the contract, arrangement or understanding in order to comply with the undertaking.
 (10) If:
 (a) a final migration plan is in force; and
 (b) the final migration plan sets out a method for determining a timetable for the taking of the action specified in the plan in accordance with paragraph 577BC(2)(a); and
 (c) a designated Telstra successor company or an NBN corporation engages in conduct for the purposes of determining the timetable; and
 (d) the conduct is consistent with the method;
the conduct is