Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152cbd:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152CBD (pt 2/2)
Character Range: 2001633–2003517

should not be qualifying circumstances in relation to the fixed principles term or condition; or
 (d) if the undertaking does not provide that particular circumstances are qualifying circumstances in relation to the fixed principles term or condition—those circumstances should be qualifying circumstances in relation to the fixed principles term or condition.
 (5) Subsection (4) has effect subject to subsection 152CBAA(5) (fixed principles terms and conditions).
 (5A) If:
 (a) the undertaking contains price‑related terms and conditions relating to the supply of a service; and
 (b) the price‑related terms and conditions are reasonably necessary to achieve uniform national pricing of eligible services supplied by the NBN corporation to service providers and utilities;
then:
 (c) the Commission must not reject the undertaking for a reason that concerns the price‑related terms and conditions; and
 (d) paragraph (2)(b) does not apply to the price‑related terms and conditions.
 (5B) In subsection (5A), eligible services, price‑related terms and conditions, uniform national pricing and utilities have the same meaning as in section 151DA.
 (5C) If a refusal is authorised under subsection 151DA(2) or (3) for the purposes of subsection 51(1):
 (a) the Commission must not reject the undertaking for a reason that concerns that refusal; and
 (b) paragraph (2)(b) of this section does not apply to that refusal.
 (6) If a special access undertaking is given to the Commission in response to a notice under section 152CBDA, the Commission is not required to publish the undertaking under paragraph (2)(d) of this section unless the Commission is satisfied that:
 (a) the variations specified in the notice are not of a minor nature; or
 (b) the variations specified in the notice are likely to have a material adverse effect on the legitimate commercial interests of any person.