Document ID: chunk:federal_register_of_legislation:C2023C00086:clause:1_2
Version: federal_register_of_legislation:C2023C00086
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 10929–12953

2  Before subsection 577BA(11)
Insert:
 (10C) If:
 (a) a contract, arrangement or understanding (the first contract, arrangement or understanding) is covered by another subsection of this section; and
 (b) the first contract, arrangement or understanding was in force immediately before the commencement of this subsection; and
 (c) one or more designated Telstra successor companies and one or more NBN corporations enter into to another contract, arrangement or understanding; and
 (d) the sole purpose of the other contract, arrangement or understanding is to do any or all of the following:
 (i) provide that an obligation imposed on Telstra under the first contract, arrangement or understanding extends to one or more designated Telstra successor companies;
 (ii) provide that a right conferred on Telstra under the first contract, arrangement or understanding extends to one or more designated Telstra successor companies;
 (iii) provide that an obligation that an NBN corporation owes to Telstra under the first contract, arrangement or understanding extends so that the obligation is also owed to one or more designated Telstra successor companies;
 (iv) provide that a right that an NBN corporation has against Telstra under the first contract, arrangement or understanding extends so that the right is also against one or more designated Telstra successor companies;
then:
 (d) the entering into of the other contract, arrangement or understanding; and
 (e) conduct engaged in by:
 (i) a designated Telstra successor company; or
 (ii) an NBN corporation; or
 (iii) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of a designated Telstra successor company; or
 (iv) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of an NBN corporation;
  in order to give effect to the other contract, arrangement or understanding;
is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.