Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_577ba:p1
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 577BA (pt 1/5)
Character Range: 30375–33226

577BA  Authorised conduct—subsection 51(1) of the Competition and Consumer Act 2010

Object
 (1) The object of this section is to promote the national interest in structural reform of the telecommunications industry by authorising, for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, certain conduct engaged in by:
 (a) Telstra; and
 (b) NBN corporations; and
 (c) certain other persons.
Note: If conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the conduct is disregarded in deciding whether a person has contravened Part IV of that Act.

Authorised conduct
 (2) The giving by Telstra of:
 (a) an undertaking under section 577A; or
 (b) a variation of an undertaking in force under section 577A; or
 (c) a draft migration plan in accordance with an undertaking in force under section 577A; or
 (d) a variation of a final migration plan;
is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010.
 (3) If:
 (a) Telstra enters into a contract, arrangement or understanding with an NBN corporation; and
 (b) when the contract, arrangement or understanding is entered into, no undertaking is in force under section 577A; and
 (c) the operative provisions of the contract, arrangement or understanding are subject to a condition precedent, namely, the coming into force of an undertaking under section 577A;
then:
 (d) the entering into of the contract, arrangement or understanding by Telstra is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and
 (e) the entering into of the contract, arrangement or understanding by the NBN corporation is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and
 (f) if:
 (i) the undertaking under section 577A comes into force; and
 (ii) if the contract, arrangement or understanding was in writing—before the undertaking was accepted by the ACCC, Telstra or the NBN corporation gave the ACCC a copy of the contract, arrangement or understanding; and
 (iii) if the contract, arrangement or understanding was not in writing—before the undertaking was accepted by the ACCC, the contract, arrangement or understanding was reduced to writing and Telstra or the NBN corporation gave the ACCC a copy of the contract, arrangement or understanding;
  then:
 (iv) conduct engaged in by Telstra or the NBN corporation after the undertaking comes into force in order to give 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; and
 (v) conduct engaged in by another NBN corporation after the undertaking comes into force in order to facilitate the first‑mentioned NBN corporation giving effect to a provision of the contract,