Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577a:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577A (pt 2/3)
Character Range: 1213039–1215854

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; and
 (b) such other matters (if any) as the ACCC considers relevant.
 (7) The Minister may, by writing, set out matters for the purposes of paragraph (6)(a).
 (7A) Before making or varying an instrument under subsection (7), the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the draft instrument or variation; and
 (ii) inviting persons to make submissions to the Minister about the draft instrument or variation within 14 days after the notice is published; and
 (b) consider any submissions received within the 14‑day period mentioned in paragraph (a).
 (8) The Minister must take all reasonable steps to ensure that an instrument comes into force under subsection (7) as soon as practicable after the commencement of this section.
 (9) Telstra is not entitled to give an undertaking under this section unless an instrument is in force under subsection (7).

Designated day
 (10) For the purposes of this section, the designated day is:
 (a) 1 July 2018; or
 (b) if the Minister, by written instrument, specifies another day—that other day.
 (11) Subsection 33(3) of the Acts Interpretation Act 1901 applies to a power conferred on the Minister by paragraph (10)(b), but it applies with the following changes:
 (a) an instrument made under paragraph (10)(b) cannot be varied;
 (b) an instrument made under paragraph (10)(b) must not be revoked unless:
 (i) a fresh instrument is made under that paragraph; and
 (ii) the fresh instrument specifies a day that is later than the day specified in the revoked instrument.
 (12) If:
 (a) the ACCC has accepted an undertaking given by Telstra under subsection (1); and
 (b) when the undertaking was accepted, a particular day (the relevant day) was the designated day;
the Minister must not make an instrument under paragraph (10)(b) specifying a day earlier than the relevant day.
 (13) Telstra may, before the designated day, request the Minister to:
 (a) if no instrument is in force under paragraph (10)(b)—make an instrument under that paragraph specifying a particular day; or
 (b) if an instrument is in force under paragraph (10)(b):
 (i) revoke that instrument; and
 (ii) make a fresh instrument under that paragraph specifying a particular day that is later than the day specified in the revoked instrument.
 (14) If Telstra gives the Minister a request under subsection (13), the Minister must consider the request.
 (15) However, the Minister is not required to consider the request if the Minister is satisfied that the request:
 (a)