Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_80
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 80
Character Range: 1456255–1458916

80  Variation of final functional separation undertaking
 (1) This clause applies if a final functional separation undertaking is in force.

Variation
 (2) The Minister may, in writing, vary the final functional separation undertaking:
 (a) at the request of Telstra or another person; or
 (b) on the Minister's own initiative.
 (3) The Minister does not have a duty to consider whether to exercise the power to vary a final functional separation undertaking, whether he or she is requested to do so by Telstra or by any other person, or in any other circumstances.

Consultation
 (4) Before varying a final functional separation undertaking, the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the proposed variation; and
 (ii) inviting persons to make submissions to the Minister about the proposed variation within 14 days after the notice is published; and
 (b) give the ACCC a copy of the notice; and
 (c) cause to be published on the Department's website a copy of each submission received within the 14‑day period mentioned in paragraph (a); and
 (d) consider any submissions received within the 14‑day period mentioned in paragraph (a); and
 (e) ask the ACCC to give advice to the Minister, within 44 days after the notice is published, about the proposed variation; and
 (f) have regard to any advice given by the ACCC.

Minor variation
 (5) Subclause (4) does not apply to a proposed variation if the variation is of a minor nature.
 (6) If the proposed variation:
 (a) is of a minor nature; and
 (b) is not made at the request of Telstra;
then, before making the proposed variation, the Minister must:
 (c) give Telstra a notice:
 (i) setting out the proposed variation; and
 (ii) inviting Telstra to make submissions to the Minister about the proposed variation within 14 days after the notice is given; and
 (d) consider any submissions received from Telstra within that 14‑day period.

Advice by the ACCC
 (7) Subclause (4) does not, by implication, prevent the Minister from asking the ACCC to give the Minister additional advice about a matter arising under this clause.

Notification of variation
 (8) As soon as practicable after varying a final functional separation undertaking, the Minister must notify Telstra in writing of the variation.

When variation comes into force
 (9) A variation of a final functional separation undertaking comes into force on the day after the notice of the variation is given to Telstra in accordance with subclause (8).

Variation is not a legislative instrument
 (10) A variation of a final functional separation undertaking is not a legislative instrument.