Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nf
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NF
Character Range: 120503–122679

118NF  ACCC to accept or reject access undertakings

 (1) This section applies if a digital radio multiplex transmitter licensee gives an access undertaking to the ACCC.

Decision to accept or reject access undertaking

 (2) After considering the access undertaking, the ACCC must:
 (a) accept the access undertaking; or
 (b) reject the access undertaking.

 (3) Before accepting the access undertaking, the ACCC must:
 (a) publish a copy of the access undertaking on the ACCC's Internet site; and
 (b) invite members of the public to make submissions to the ACCC about the access undertaking within a specified period; and
 (c) consider any submissions the ACCC receives from members of the public within that period.

 (4) If the ACCC rejects the access undertaking, the ACCC may give the licensee a written notice advising the licensee that, if the licensee:
 (a) makes such alterations to the access undertaking as are specified in the notice; and
 (b) gives the altered access undertaking to the ACCC within the time limit allowed by the Procedural Rules;
the ACCC will accept the altered access undertaking.

 (5) If the ACCC rejects the access undertaking, the ACCC may, by written notice given to the licensee, determine that an undertaking in the terms specified in the determination is the access undertaking in relation to the licence.

 (6) Before giving a notice under subsection (5), the ACCC must:
 (a) publish a copy of the notice on the ACCC's Internet site; and
 (b) invite members of the public to make submissions to the ACCC about the notice within a specified period; and
 (c) consider any submissions the ACCC receives from members of the public within that period.

Notice of decision

 (7) If the ACCC accepts the access undertaking, the ACCC must give the licensee a written notice stating that the access undertaking has been accepted.

 (8) If the ACCC rejects the access undertaking, the ACCC must give the licensee a written notice:
 (a) stating that the access undertaking has been rejected; and
 (b) setting out the reasons for the rejection; and
 (c) if the ACCC gives a notice under subsection (5)—stating that the notice has been given.