Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152CBE

Extension of access undertaking

             (1)  This section applies if:

                     (a)  a special access undertaking is given by a person; and

                     (b)  the undertaking is in operation; and

                     (c)  the undertaking provides for the person to extend the expiry time of the undertaking, so long as the extension is approved by the Commission; and

                     (d)  the undertaking sets out criteria that are to be applied by the Commission in deciding whether to approve the extension.

             (2)  The person may apply to the Commission for approval of the extension. The application must be made in the 12-month period ending at the expiry time.

             (3)  An application under subsection (2) must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commission.

             (4)  After considering the application, the Commission must decide whether to:

                     (a)  approve the extension; or

                     (b)  refuse to approve the extension.

             (5)  The Commission must approve the extension if the Commission is satisfied that the criteria referred to in paragraph (1)(d) have been met.

             (6)  If the Commission approves the extension, the Commission must give the person a written notice stating that the extension has been approved.

             (7)  If the Commission refuses to approve the extension, the Commission must give the person a written notice:

                     (a)  stating that the Commission has refused to approve the extension; and

                     (b)  setting out the reasons for the refusal.

             (8)  In this section, a reference to an extension includes a reference to a further extension.



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