Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577ba:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577BA (pt 2/6)
Character Range: 1231951–1234793

the NBN corporation gave the ACCC a copy of the contract, arrangement or understanding;
  then:
 (iv) conduct engaged in by Telstra or the NBN corporation after the undertaking comes into force in order to give 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; and
 (v) conduct engaged in by another NBN corporation after the undertaking comes into force in order to facilitate the first‑mentioned NBN corporation 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.
 (4) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) the contract, arrangement or understanding contains a migration provision; and
 (c) when the contract, arrangement or understanding is entered into, no undertaking is in force under section 577A;
then:
 (d) the entering into of the contract, arrangement or understanding by Telstra is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, to the extent to which the contract, arrangement or understanding contains the migration provision; and
 (e) the entering into of the contract, arrangement or understanding by the NBN corporation is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, to the extent to which the contract, arrangement or understanding contains the migration provision.
 (5) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) the contract, arrangement or understanding contains a migration provision; and
 (c) Telstra or the NBN corporation engages in conduct in order to give effect to the migration provision; and
 (d) when the conduct is engaged in, no undertaking is in force under section 577A;
the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010 unless, before the conduct was engaged in:
 (e) the ACCC refused to accept the most recent undertaking given by Telstra under section 577A; or
 (f) as a result of subsection 577AA(7) or (8), this Act (other than subclause 76(4) of Schedule 1) had effect as if the most recent undertaking given by Telstra under section 577A had never been accepted by the ACCC; or
 (g) a final functional separation undertaking came into force.
 (6) If a designated Telstra successor company is required to engage in conduct in order to comply with an 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;