Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:2_151c:p1
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 2 cl 151C (pt 1/4)
Character Range: 65605–68388

151C  Joint functional separation undertaking
 (1) If 2 or more persons are corporations, those persons may give a joint written undertaking (a joint functional separation undertaking) to the ACCC.
 (2) The undertaking must:
 (a) identify:
 (i) one or more (but not all) of those persons as the wholesaler or wholesalers for the purposes of the undertaking; and
 (ii) the remaining person or persons as the retailer or retailers for the purposes of the undertaking; and
 (b) provide that a wholesaler will not supply a local access line service to a person unless the person is a wholesale customer; and
 (c) provide that a retailer will not supply a local access line service to a person unless the person is a retail customer; and
 (d) provide that a wholesaler will, to the extent specified in the undertaking, ensure that the wholesaler's workers will perform their duties exclusively for the wholesaler; and
 (e) provide that a retailer will, to the extent specified in the undertaking, ensure that the retailer's workers will perform their duties exclusively for the retailer; and
 (f) provide that a wholesaler will, to the extent specified in the undertaking, ensure that the workers who:
 (i) are engaged by persons other than the wholesaler; and
 (ii) perform duties for the wholesaler;
  are different from the workers who:
 (iii) are engaged by persons other than the wholesaler; and
 (iv) perform duties for a retailer; and
 (g) provide that a retailer will, to the extent specified in the undertaking, ensure that the workers who:
 (i) are engaged by persons other than the retailer; and
 (ii) perform duties for the retailer;
  are different from the workers who:
 (iii) are engaged by persons other than the retailer; and
 (iv) perform duties for a wholesaler; and
 (h) provide that a wholesaler will ensure that no director of the wholesaler is a director of a retailer; and
 (i) provide that a retailer will ensure that no director of the retailer is a director of a wholesaler; and
 (j) provide that:
 (i) the wholesaler or wholesalers; and
 (ii) the retailer or retailers;
  will, to the extent specified in the undertaking, have separate:
 (iii) operational support systems; and
 (iv) business systems; and
 (v) communications systems; and
 (vi) accounts; and
 (k) provide that a wholesaler will publish on the wholesaler's website:
 (i) the terms and conditions relating to price or a method of ascertaining price; and
 (ii) other terms and conditions;
  on which the wholesaler offers to supply local access line services to the following:
 (iii) a retailer;
 (iv) its wholesale customers or prospective wholesale customers; and
 (l) provide that a wholesaler will:
 (i) if requested to do so by a wholesale customer or prospective wholesale customer, supply a