Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_77
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 77
Character Range: 109162–112120

77  Approval of draft functional separation undertaking by Minister
 (1) This clause applies if Telstra gives the Minister a draft functional separation undertaking (the original undertaking).
 (2) The Minister must, by writing:
 (a) approve the original undertaking; or
 (b) both:
 (i) vary the original undertaking; and
 (ii) approve the original undertaking as varied; or
 (c) both:
 (i) determine that Telstra is taken to have given the Minister another draft functional separation undertaking (the replacement undertaking) in the terms specified in the determination, instead of the original undertaking; and
 (ii) approve the replacement undertaking.

Consultation
 (3) Before making a decision under subclause (2), the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the original undertaking; and
 (ii) inviting persons to make submissions to the Minister about the original undertaking within 14 days after the notice is published; and
 (b) give the ACCC a copy of the notice; and
 (c) cause to be published on the Department's website a copy of each submission received within the 14‑day period mentioned in paragraph (a); and
 (d) consider any submissions received within the 14‑day period mentioned in paragraph (a); and
 (e) ask the ACCC to give advice to the Minister, within 44 days after the notice is published, about the original undertaking; and
 (f) have regard to any advice given by the ACCC.

Consultation—variation of original undertaking
 (4) Before making a decision under paragraph (2)(b) to approve the original undertaking as varied, the Minister must:
 (a) give Telstra a notice:
 (i) setting out the original undertaking as proposed to be varied; and
 (ii) inviting Telstra to make submissions to the Minister, within 14 days after the notice is given, about the original undertaking as proposed to be varied; and
 (b) consider any submissions received from Telstra within the 14‑day period mentioned in paragraph (a).

Consultation—replacement undertaking
 (5) Before making a decision under paragraph (2)(c) to approve the replacement undertaking, the Minister must:
 (a) give Telstra a notice:
 (i) setting out the proposed replacement undertaking; and
 (ii) inviting Telstra to make submissions to the Minister about the proposed replacement undertaking within 14 days after the notice is given; and
 (b) consider any submissions received from Telstra within the 14‑day period mentioned in paragraph (a).

Advice by the ACCC
 (6) Subclause (3) does not, by implication, prevent the Minister from asking the ACCC to give the Minister additional advice about a matter arising under this clause.

Notification of decision
 (7) As soon as practicable after making a decision under subclause (2), the Minister must notify Telstra in writing of the decision.

Instrument is not a legislative instrument
 (8) An instrument made under subclause (2) is not a legislative instrument.