Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151q
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151Q
Character Range: 349675–350996

151Q  Variation of functional separation undertaking that is in force

Scope
 (1) This section applies if:
 (a) a standard functional separation undertaking given by a person is in force; or
 (b) a joint functional separation undertaking given by 2 or more persons is in force.

Variation
 (2) The person or persons may give the ACCC a variation of the undertaking.
 (3) If the undertaking is a standard functional separation undertaking, the undertaking as varied must comply with subsections 151A(2), (5), (8), (9), (10) and (11) and paragraph 151A(4)(a).
 (4) If the undertaking is a joint functional separation undertaking, the undertaking as varied must comply with subsections 151C(2), (5), (8), (9), (10), (11), (12) and (13) and paragraph 151C(4)(a).

Form etc.
 (5) The variation must:
 (a) be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the variation; and
 (b) be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (6).
 (6) The ACCC may, by legislative instrument, determine a fee, or a method of ascertaining a fee, for the purposes of paragraph (5)(b).
 (7) A fee determined under, or ascertained in accordance with, subsection (6) must not be such as to amount to taxation.