Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577j:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577J (pt 2/2)
Character Range: 1293852–1295513

has effect as if the undertaking had never been accepted by the ACCC;
this Act has effect as if the declaration had never been made by the Minister.
 (5) The Minister may declare, in writing, that Telstra is exempt from the requirement to have an undertaking under section 577E.
 (6) The Minister must not make a declaration under subsection (5) unless the ACCC has made a decision to accept an undertaking given by Telstra under section 577A, and:
 (a) if the undertaking is in force—the Minister is satisfied that the undertaking is sufficient to address concerns about the degree of Telstra's power in telecommunications markets; or
 (b) if the undertaking is not in force—the Minister is satisfied that, subject to the undertaking coming into force, the undertaking is sufficient to address concerns about the degree of Telstra's power in telecommunications markets.
 (6A) A declaration under subsection (5) comes into force:
 (a) if paragraph (6)(a) applies—when the declaration is made; or
 (b) if paragraph (6)(b) applies—when the undertaking comes into force.
 (6B) If:
 (a) paragraph (6)(b) applies to a declaration; and
 (b) as a result of subsection 577AA(7) or (8), this Act (other than subclause 76(4) of Schedule 1) has effect as if the undertaking had never been accepted by the ACCC;
this Act has effect as if the declaration had never been made by the Minister.
 (6C) A declaration made under subsection (3) or (5) cannot be revoked.
 (7) A declaration made under subsection (3) or (5) is not a legislative instrument.
 (8) In this section:
telecommunications market has the same meaning as in Part XIB of the Competition and Consumer Act 2010.