Document ID: chunk:federal_register_of_legislation:C2025C00189:section:44zza:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 44ZZA (pt 2/2)
Character Range: 334678–336607

(b) unduly delays the process for considering the undertaking.
 (3A) The Commission must not accept the undertaking unless:
 (a) the provider, or proposed provider, is a corporation (or a partnership or joint venture consisting wholly of corporations); or
 (b) the undertaking provides for access only to third parties that are corporations; or
 (c) the undertaking provides for access that is (or would be) in the course of, or for the purposes of, constitutional trade or commerce.
 (6) If the undertaking provides for disputes about the undertaking to be resolved by the Commission, then the Commission may resolve the disputes in accordance with the undertaking.
 (6A) If the undertaking provides for the Commission to perform functions or exercise powers in relation to the undertaking, the Commission may perform those functions and exercise those powers. If the Commission decides to do so, it must do so in accordance with the undertaking.
 (6B) The Commission may accept the undertaking even if the service is the subject of a decision by the designated Minister under section 44LG that the service is ineligible to be a declared service.
 (7) The provider may:
 (a) withdraw the application given under subsection (1) at any time before the Commission makes a decision on whether to accept the application; and
 (b) withdraw or vary the undertaking at any time after it has been accepted by the Commission, but only with the consent of the Commission.
The Commission may consent to a variation of the undertaking if it thinks it appropriate to do so having regard to the matters in subsection (3).
Note 1: There are time limits that apply to a decision of the Commission under this section: see section 44ZZBC.
Note 2: The Commission may request information and invite public submissions in relation to its decision: see sections 44ZZBCA and 44ZZBD.
Note 3: The Commission must publish its decision: see section 44ZZBE.