Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_75:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 75 (pt 2/4)
Character Range: 99969–102745

or the total of the extensions, does not exceed 18 months.
 (5C) The Minister must not make an instrument under subclause (5B) unless:
 (a) Telstra satisfies the Minister that Telstra is preparing an undertaking under section 577A; or
 (b) both:
 (i) Telstra has given the ACCC an undertaking under section 577A; and
 (ii) the ACCC has not decided whether to accept the undertaking; or
 (c) the following conditions are satisfied:
 (i) Telstra has given the ACCC an undertaking under section 577A;
 (ii) the ACCC has decided to accept the undertaking;
 (iii) that decision is expressed to be subject to the occurrence of one or more specified events within a specified period;
 (iv) the undertaking is not in force;
 (v) that period has not ended; or
 (d) the following conditions are satisfied:
 (i) an undertaking given by Telstra is in force under section 577A;
 (ii) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (iii) Telstra satisfies the Minister that Telstra is preparing a draft migration plan to be given to the ACCC in accordance with the undertaking; or
 (e) the following conditions are satisfied:
 (i) an undertaking given by Telstra is in force under section 577A;
 (ii) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (iii) Telstra has given the ACCC a draft migration plan in accordance with the undertaking;
 (iv) the ACCC has not decided whether to approve the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC.
Note: Section 577A deals with undertakings about structural separation.
 (5D) The Minister must cause a copy of an instrument under subclause (5B) to be tabled in each House of the Parliament within 15 sitting days of that House after making the instrument.
 (5E) If:
 (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and
 (b) the decision to accept the undertaking is expressed to be subject to the occurrence of one of more specified events within a specified period (the post‑acceptance period) after the undertaking is accepted; and
 (c) the post‑acceptance period ends after the end of the period applicable under subclause (5); and
 (d) the undertaking does not come into force before the end of the post‑acceptance period;
then:
 (e) subclause (5) does not apply; and
 (f) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post‑acceptance period.
Note: Section 577A deals with undertakings about structural separation.
 (5EA) If:
 (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and
 (b) the decision to accept