Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577bd
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577BD
Character Range: 44569–46540

577BD  Approval of draft migration plan by the ACCC—plan given after undertaking about structural separation comes into force

Scope
 (1) This section applies if Telstra gives the ACCC a draft migration plan (the original plan) in accordance with an undertaking in force under section 577A.

Decision
 (2) The ACCC must:
 (a) if the ACCC is satisfied that the original plan complies with the migration plan principles—approve the original plan; or
 (b) otherwise:
 (i) refuse to approve the original plan; and
 (ii) by written notice given to Telstra, direct Telstra to give the ACCC, within 30 days after the notice is given, a replacement draft migration plan that complies with the migration plan principles.
Note: For migration plan principles, see section 577BB.

Consultation
 (3) Before making a decision under subsection (2), the ACCC must:
 (a) cause to be published on the ACCC's website a notice:
 (i) setting out the original plan; and
 (ii) inviting persons to make submissions to the ACCC about the original plan 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).

Compliance with direction
 (4) Telstra must comply with a direction under subparagraph (2)(b)(ii).
Note: The ACCC will make a decision about the plan under section 577BDB.

Replacement plan to be treated as if it had been given in accordance with the undertaking
 (5) A draft migration plan given by Telstra in compliance with a direction under subparagraph (2)(b)(ii) is taken, for the purposes of this Act (other than this section and section 577BDB), to be given in accordance with the undertaking.

Notification of decision
 (6) As soon as practicable after making a decision under subsection (2), the ACCC must notify Telstra in writing of the decision.