Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577ba:p2
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577BA (pt 2/5)
Character Range: 32969–35774

subsection 51(1) of the Competition and Consumer Act 2010; and
 (v) conduct engaged in by another NBN corporation after the undertaking comes into force in order to facilitate the first‑mentioned NBN corporation giving effect to a provision of the contract, arrangement or understanding is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (4) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) the contract, arrangement or understanding contains a migration provision; and
 (c) when the contract, arrangement or understanding is entered into, no undertaking is in force under section 577A;
then:
 (d) the entering into of the contract, arrangement or understanding by Telstra is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, to the extent to which the contract, arrangement or understanding contains the migration provision; and
 (e) the entering into of the contract, arrangement or understanding by the NBN corporation is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, to the extent to which the contract, arrangement or understanding contains the migration provision.
 (5) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) the contract, arrangement or understanding contains a migration provision; and
 (c) Telstra or the NBN corporation engages in conduct in order to give effect to the migration provision; and
 (d) when the conduct is engaged in, no undertaking is in force under section 577A;
the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010 unless, before the conduct was engaged in:
 (e) the ACCC refused to accept the most recent undertaking given by Telstra under section 577A; or
 (f) as a result of subsection 577AA(7) or (8), this Act (other than subclause 76(4) of Schedule 1) had effect as if the most recent undertaking given by Telstra under section 577A had never been accepted by the ACCC; or
 (g) a final functional separation undertaking came into force.
 (6) If Telstra is required to engage in conduct in order to comply with an undertaking in force under section 577A, the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (7) If:
 (a) a person directly or indirectly acquires an asset from Telstra; and
 (b) the disposal of the asset by Telstra is required for the compliance by Telstra with an undertaking in force under section 577A; and
 (c) the person is identified in the undertaking as the person by whom the asset is to be directly or indirectly acquired;
the acquisition of the asset is authorised for the purposes of subsection