Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151a:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151A (pt 2/3)
Character Range: 319710–322556

will ensure that information provided to the person's retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)) is not disclosed to the person's wholesale business unit; and
 (k) provide that the person will ensure that the person's wholesale business unit does not obtain, access or use information provided to the person's retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)); and
 (l) provide that the person will use the same customer interface for dealings between:
 (i) the person's wholesale business unit; and
 (ii) the person's wholesale customers;
  as the person uses for dealings between:
 (iii) the person's wholesale business unit; and
 (iv) the person's retail business unit; and
 (m) contain such other provisions (if any) as are specified in a determination under subsection (14); and
 (n) not contain a provision of a kind specified in a determination under subsection (15).
Note: A standard functional separation undertaking is supplemented by section 151ZF (which requires eligible services to be supplied on a non‑discriminatory basis) and section 151ZG (which requires related activities to be carried on on a non‑discriminatory basis).
 (3) An extent specified under paragraph (2)(d) or (e) may be a nil extent.

Form etc.
 (4) The undertaking must:
 (a) be in a form approved in writing by the ACCC; and
 (b) be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the undertaking; and
 (c) be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (16).

Expiry time
 (5) The undertaking must specify the expiry time of the undertaking.
 (6) The expiry time of the undertaking may be described by reference to the end of a period beginning when the undertaking comes into force.
 (7) Subsection (6) does not, by implication, limit subsection (5).
 (8) The expiry time of the undertaking must not be more than 10 years after the undertaking comes into force.

Fundamental provisions
 (9) The undertaking:
 (a) must state that the provisions of the undertaking covered by paragraphs (2)(a), (b), (c), (f), (g), (h), (i), (j) and (k) are fundamental provisions; and
 (b) may state that one or more other provisions of the undertaking are fundamental provisions.

Compliance reports
 (10) The undertaking must provide that the person will give the ACCC periodic reports (to be known as compliance reports) that:
 (a) relate to the person's compliance with the undertaking; and
 (b) are in a form approved in writing by the ACCC.
Note: See section 151ZJ (self‑incrimination).

Compliance plans
 (11) The undertaking must