Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577ba:p3
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577BA (pt 3/5)
Character Range: 35545–38380

in force under section 577A; and
 (c) the person is identified in the undertaking as the person by whom the asset is to be directly or indirectly acquired;
the acquisition of the asset is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (8) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) Telstra enters into the contract, arrangement or understanding in order to comply with an undertaking in force under section 577A;
then:
 (c) the entering into of the contract, arrangement or understanding by Telstra; and
 (d) the entering into of the contract, arrangement or understanding by the NBN corporation; and
 (e) conduct engaged in by Telstra or the NBN corporation in order to give effect to a provision of the contract, arrangement or understanding; and
 (f) conduct engaged in by another NBN corporation in order to facilitate the first‑mentioned NBN corporation giving effect to a provision of the contract, arrangement or understanding;
is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (9) If:
 (a) an undertaking given by Telstra is in force under section 577A; and
 (b) Telstra enters into a contract, arrangement or understanding with an NBN corporation;
the Minister may, by legislative instrument, determine that subsection (8) applies, and is taken to have always applied, as if Telstra had entered into the contract, arrangement or understanding in order to comply with the undertaking.
 (10) If:
 (a) a final migration plan is in force; and
 (b) the final migration plan sets out a method for determining a timetable for the taking of the action specified in the plan in accordance with paragraph 577BC(2)(a); and
 (c) Telstra or an NBN corporation engages in conduct for the purposes of determining the timetable; and
 (d) the conduct is consistent with the method;
the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.

Migration provisions
 (11) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) the contract, arrangement or understanding contains one or more provisions for:
 (i) Telstra to cease to supply fixed‑line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control; or
 (ii) Telstra to cease to supply one or more types of fixed‑line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control; or
 (iii) Telstra to cease to supply, in particular circumstances, one or more types of fixed‑line carriage services to customers using a telecommunications network over which Telstra is in a position to exercise control; or
 (iv) Telstra