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COMPETITION AND CONSUMER ACT 2010 - SECT 152CBG

Variation of access undertakings

             (1)  This section applies if a special access undertaking given by a person is in operation.

             (2)  The person may give the Commission a variation of the undertaking.

          (2A)  Before the Commission makes a decision under subsection (3) in relation to the variation, the person may, by written notice given to the Commission within the time allowed by the Procedural Rules, modify the variation, so long as the modification is a modification that, under the Procedural Rules, is taken to be a modification of a minor nature.

Decision to accept or reject variation

             (3)  After considering the variation, the Commission must decide to:

                     (a)  accept the variation; or

                     (b)  reject the variation.

             (4)  Section 152CBD applies to the variation in a corresponding way to the way in which it applies to an undertaking. However, if the variation is a variation that, under the Procedural Rules, is taken to be a variation of a minor nature, the Commission is not required to comply with paragraph 152CBD(2)(d) in relation to the variation.

          (4A)  Subsection (4) has effect subject to subsection 152CBAA(6) (fixed principles terms and conditions).

Notice of decision

             (5)  If the Commission accepts the variation, the Commission must give the person a written notice:

                     (a)  stating that the variation has been accepted; and

                     (b)  setting out the terms of the variation.

             (6)  If the Commission rejects the variation, the Commission must give the person a written notice:

                     (a)  stating that the variation has been rejected; and

                     (b)  setting out the reasons for the rejection.

Commission to make decision within 6 months

             (7)  If the Commission does not make a decision under subsection (3) about the variation within 6 months after receiving the variation, the Commission is taken to have made, at the end of that 6-month period, a decision under subsection (3) to accept the variation.

             (8)  In calculating the 6-month period referred to in subsection (7), disregard:

                     (a)  if the Commission has published the variation under paragraph 152CBD(2)(d)--a day in the period:

                              (i)  beginning on the date of publication; and

                             (ii)  ending at the end of the time limit specified by the Commission when it published the variation; and

                     (b)  if the Commission has requested further information under section 152CBH in relation to the variation--a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision-making period

             (9)  The Commission may, by written notice given to the person, extend or further extend the 6-month period referred to in subsection (7), so long as:

                     (a)  the extension or further extension is for a period of not more than 3 months; and

                     (b)  the notice includes a statement explaining why the Commission has been unable to make a decision on the variation within that 6-month period or that 6-month period as previously extended, as the case may be.

           (10)  As soon as practicable after the Commission gives a notice under subsection (9), the Commission must cause a copy of the notice to be made available on the internet.



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