Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_75:p3
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 75 (pt 3/4)
Character Range: 102488–105332

period.
Note: Section 577A deals with undertakings about structural separation.
 (5EA) If:
 (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and
 (b) the decision to accept the undertaking is expressed to be subject to the occurrence of one of more specified events within a specified period (the post‑acceptance period) after the undertaking is accepted; and
 (c) the post‑acceptance period ends after the end of the period applicable under subclause (5); and
 (d) the undertaking comes into force before the end of the post‑acceptance period; and
 (e) the undertaking requires Telstra to give the ACCC a draft migration plan; and
 (f) a final migration plan does not come into force before the end of the post‑acceptance period;
then:
 (g) subclause (5) does not apply; and
 (h) the Minister must ensure that a functional separation requirements determination comes into force within 90 days after the end of the post‑acceptance period.
Note: Section 577A deals with undertakings about structural separation.
 (5EB) Subclause (5) does not apply if:
 (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and
 (b) the decision to accept the undertaking is expressed to be subject to the occurrence of one of more specified events within a specified period (the post‑acceptance period) after the undertaking is accepted; and
 (c) the post‑acceptance period ends after the end of the period applicable under subclause (5); and
 (d) the undertaking comes into force before the end of the post‑acceptance period; and
 (e) the undertaking does not require Telstra to give the ACCC a draft migration plan.
Note: Section 577A deals with undertakings about structural separation.
 (5EC) Subclause (5) does not apply if:
 (a) before the end of the period applicable under subclause (5), the ACCC accepts an undertaking given by Telstra under section 577A; and
 (b) the decision to accept the undertaking is expressed to be subject to the occurrence of one of more specified events within a specified period (the post‑acceptance period) after the undertaking is accepted; and
 (c) the post‑acceptance period ends after the end of the period applicable under subclause (5); and
 (d) the undertaking comes into force before the end of the post‑acceptance period; and
 (e) the undertaking requires Telstra to give the ACCC a draft migration plan; and
 (f) a final migration plan has come into force before the end of the post‑acceptance period.
Note: Section 577A deals with undertakings about structural separation.
 (5F) The Minister is not required to observe any requirements of procedural fairness in relation to the making of an instrument under subclause (5B).
 (5G) The Minister does