Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_204
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 204
Character Range: 251694–253424

204  Transitional—ordinary access undertakings given to the Commission before 15 September 2009
(1) This item applies to an ordinary access undertaking that:
 (a) was given by a carrier or carriage service provider to the Commission under section 152BS of the Competition and Consumer Act 2010 before 15 September 2009; and
 (b) was accepted by the Commission under section 152BU of that Act before the commencement of this item; and
 (c) was in operation immediately before the commencement of this item.
(2) Despite the following repeals effected, and amendments made, by this Part:
 (a) the repeal of Subdivision A of Division 5 of Part XIC of the Competition and Consumer Act 2010;
 (b) the amendment of the definition of access undertaking in section 152AC of that Act;
 (c) the repeal of the definition of ordinary access undertaking in section 152AC of that Act;
 (d) the amendment of subparagraph (c)(i) of the definition of protected information in subsection 155AAA(21) of that Act;
that Subdivision and those definitions continue to apply, in relation to the undertaking, as if those repeals had not happened and those amendments had not been made. This subitem has effect subject to the following subitems.
(3) The undertaking cannot be varied so as to extend its duration.
(4) If the undertaking adopts a set of model terms and conditions set out in the telecommunications access code, then, despite the repeal of sections 152BJ and 152BK of the Competition and Consumer Act 2010, those sections continue to apply, in relation to the undertaking, as if those repeals had not happened.
(5) If the undertaking is inconsistent with an access agreement, the undertaking has no effect to the extent of the inconsistency.