Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577a:p3
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577A (pt 3/3)
Character Range: 21064–23298

the revoked instrument.
 (14) If Telstra gives the Minister a request under subsection (13), the Minister must consider the request.
 (15) However, the Minister is not required to consider the request if the Minister is satisfied that the request:
 (a) is frivolous or vexatious; or
 (b) was not made in good faith.

General provisions
 (16) An undertaking under this section must be expressed to be an undertaking under this section.
 (17) An undertaking under this section may not be withdrawn after it has been accepted by the ACCC.
 (18) If an undertaking under this section provides for the ACCC to perform functions or exercise powers in relation to the undertaking, the ACCC may perform those functions, and exercise those powers, in accordance with the undertaking.
 (19) Part 9 of Schedule 1 does not, by implication, limit the matters that may be included in an undertaking under this section.
Note: Part 9 of Schedule 1 deals with the functional separation of Telstra.

Exemptions
 (20) The Minister may, by legislative instrument, exempt a specified fixed‑line carriage service from the scope of subsection (1) and the associated provisions, either:
 (a) unconditionally; or
 (b) subject to such conditions or limitations as are specified in the instrument.
 (21) The Minister may, by legislative instrument, exempt a specified telecommunications network from the scope of subsection (1) and the associated provisions, either:
 (a) unconditionally; or
 (b) subject to such conditions or limitations as are specified in the instrument.
 (22) The Minister must cause a copy of an instrument under subsection (7) or paragraph (10)(b) to be published on the Department's website.
 (23) An instrument under subsection (7) or paragraph (10)(b) is not a legislative instrument.

Definitions
 (24) In this section:
associated provision means:
 (a) subsection 577BA(11); or
 (b) subsection 577BC(2).
fixed‑line carriage service means:
 (a) a carriage service that is supplied using a line to premises occupied or used by an end‑user; or
 (b) a service that facilitates the supply of a carriage service covered by paragraph (a).
telecommunications market has the same meaning as in Part XIB of the Competition and Consumer Act 2010.