Document ID: chunk:federal_register_of_legislation:C2024C00742:section:577bf
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 577BF
Character Range: 1266610–1268215

577BF  Variation of final migration plan
 (1) This section applies if a final migration plan is in force.
 (2) If the final migration plan imposes obligations or prohibitions on a designated Telstra successor company, the designated Telstra successor company may give the ACCC a variation of the final migration plan.
 (3) The ACCC must:
 (a) if the ACCC is satisfied that the final migration plan as varied complies with the migration plan principles—approve the variation; or
 (b) otherwise—refuse to approve the variation.

Consultation
 (4) Before making a decision under subsection (3), the ACCC must:
 (a) cause to be published on the ACCC's website a notice:
 (i) setting out the variation; and
 (ii) inviting persons to make submissions to the ACCC about the variation within 28 days after the notice is published; and
 (b) cause to be published on the ACCC's website a copy of each submission received within the 28‑day period mentioned in paragraph (a); and
 (c) consider any submissions received within the 28‑day period mentioned in paragraph (a).
 (5) Subsection (4) does not apply to a variation if the variation is of a minor nature.

When variation takes effect
 (6) The variation takes effect when it is approved by the ACCC.
 (7) When the variation takes effect, the relevant undertaking under section 577A has effect as if the provisions of the final migration plan as varied were provisions of the undertaking.
 (8) As soon as practicable after the variation takes effect, the ACCC must publish a copy of the variation on the ACCC's website.

Division 3—Hybrid fibre‑coaxial networks