Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152cbaa:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152CBAA (pt 2/3)
Character Range: 1989804–1992879

corresponding fixed principles term or condition; and
 (ii) those qualifying circumstances are identical to the qualifying circumstances in relation to the original fixed principles term or condition; and
 (g) if there are qualifying circumstances in relation to the original fixed principles term or condition—none of those circumstances exist;
then:
 (h) the Commission must not reject the other undertaking for a reason that concerns:
 (i) the corresponding fixed principles term or condition; or
 (ii) the notional fixed period for the corresponding fixed principles term or condition; or
 (iii) if there are qualifying circumstances in relation to the corresponding fixed principles term or condition—the specification of those circumstances; and
 (i) paragraphs 152CBD(2)(a), (b), (c) and (ca) do not apply to:
 (i) the corresponding fixed principles term or condition; or
 (ii) the notional fixed period for the corresponding fixed principles term or condition; or
 (iii) if there are qualifying circumstances in relation to the corresponding fixed principles term or condition—those circumstances; and
 (j) if the corresponding fixed principles term or condition is the only term or condition contained in the other undertaking—paragraph 152CBD(2)(d) does not apply to the other undertaking; and
 (k) if the corresponding fixed principles term or condition is not the only term or condition contained in the other undertaking—subparagraph 152CBD(2)(d)(ii) does not require the Commission to consider any submissions to the extent to which they relate to:
 (i) the corresponding fixed principles term or condition; or
 (ii) the notional fixed period for the corresponding fixed principles term or condition; or
 (iii) if there are qualifying circumstances in relation to the corresponding fixed principles term or condition—those circumstances.

Consequences—variation of undertaking
 (6) If:
 (a) a special access undertaking given by a person in relation to a particular service contains a fixed principles term or condition (the original fixed principles term or condition); and
 (b) the undertaking has been accepted by the Commission; and
 (c) during the notional fixed period for the original fixed principles term or condition, the person gives the Commission a variation of the undertaking; and
 (d) the varied undertaking contains a fixed principles term or condition (the corresponding fixed principles term or condition) that is identical to the original fixed principles term or condition; and
 (e) the notional fixed period for the corresponding fixed principles term or condition is identical to the notional fixed period for the original fixed principles term or condition; and
 (f) if there are qualifying circumstances in relation to the original fixed principles term or condition:
 (i) there are qualifying circumstances in relation to the corresponding fixed principles term or condition; and
 (ii) those qualifying circumstances are identical to the qualifying circumstances in relation to the original fixed principles term or condition; and
 (g)