Document ID: chunk:federal_register_of_legislation:C2024C00742:section:151c:p3
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 151C (pt 3/4)
Character Range: 332552–335321

by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (18).

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), (h), (i), (k), (l), (m), (n), (o) and (p) 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 a wholesaler will give the ACCC periodic reports (to be known as compliance reports) that:
 (a) relate to the wholesaler's compliance with the undertaking; and
 (b) are in a form approved in writing by the ACCC.
Note: See section 151ZJ (self‑incrimination).
 (11) The undertaking must provide that a retailer will give the ACCC periodic reports (to be known as compliance reports) that:
 (a) relate to the retailer'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
 (12) The undertaking must provide that a wholesaler will:
 (a) prepare a plan (to be known as a compliance plan) setting out the actions to be taken by the wholesaler for the purpose of ensuring that the wholesaler complies with the undertaking; and
 (b) give the ACCC:
 (i) a copy of the compliance plan; and
 (ii) a copy of any variation of the compliance plan.
 (13) The undertaking must provide that a retailer will:
 (a) prepare a plan (to be known as a compliance plan) setting out the actions to be taken by the retailer for the purpose of ensuring that the retailer complies with the undertaking; and
 (b) give the ACCC:
 (i) a copy of the compliance plan; and
 (ii) a copy of any variation of the compliance plan.

ACCC may perform functions or exercise powers
 (14) If the undertaking provides for the ACCC to perform functions or exercise powers in relation to the undertaking, the ACCC may perform those functions, and exercise those powers, in accordance with the undertaking.

Determinations
 (15) The ACCC may, by legislative instrument, determine one or more kinds of information for the purposes of paragraphs (2)(o) and (p).
 (16) The Minister may, by legislative instrument, determine one or more provisions for the purposes of paragraph (2)(r).
 (17) The Minister may, by legislative instrument,