Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_75:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 75 (pt 1/4)
Character Range: 97360–100214

75  Functional separation requirements determination
 (1) The Minister may make a written determination (a functional separation requirements determination) specifying requirements to be complied with by a draft or final functional separation undertaking.
 (2) A functional separation requirements determination may deal with the manner in which the functional separation principles are to be implemented.
 (3) A functional separation requirements determination may deal with the manner in which a requirement set out in paragraph 73(1)(b) or (c) is to be met.
Note: Clause 73 deals with the contents of a draft or final functional separation undertaking.
 (4) Subclauses (2) and (3) do not limit subclause (1).
 (4A) Before making or varying a functional separation requirements determination, the Minister must:
 (a) cause to be published on the Department's website a notice:
 (i) setting out the determination or variation; and
 (ii) inviting persons to make submissions to the Minister about the determination or variation within 14 days after the notice is published; and
 (b) give the ACCC a copy of the notice; and
 (c) consider any submissions received within the 14‑day period mentioned in paragraph (a); and
 (d) ask the ACCC to give advice to the Minister, within 28 days after the publication of the notice, about the determination or variation; and
 (e) have regard to any advice given by the ACCC.
 (4B) Subclause (4A) does not, by implication, prevent the Minister from asking the ACCC to give the Minister additional advice about a matter arising under this clause.
 (5) The Minister must ensure that a functional separation requirements determination comes into force within 90 days after the commencement of this clause.
 (5A) Subclause (5) does not apply if, before the end of the period applicable under subclause (5):
 (a) 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) in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;
 (iv) the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or
 (b) both:
 (i) an undertaking given by Telstra is in force under section 577A; and
 (ii) the undertaking does not require Telstra to give the ACCC a draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
 (5B) The Minister may, by writing, extend or further extend the 90‑day period referred to in subclause (5) so long as the extension, 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: