Commonwealth Numbered Acts Commonwealth Numbered Acts1 Before subsection 44ZZA(3A)
Insert:
(3AB) The Commission may reject the undertaking if it incorporates one or more amendments (see subsection 44ZZAAA(5)) and the Commission is satisfied that the amendment or amendments are of a kind, are made at a time, or are made in a manner that:
(a) unduly prejudices anyone the Commission considers has a material interest in the undertaking; or
(b) unduly delays the process for considering the undertaking.
2 Subsection 44ZZA(7) (not including the notes)
Repeal the subsection, substitute:
(7) The provider may:
(a) withdraw the application given under subsection (1) at any time before the Commission makes a decision on whether to accept the application; and
(b) withdraw or vary the undertaking at any time after it has been accepted by the Commission, but only with the consent of the Commission.
The Commission may consent to a variation of the undertaking if it thinks it appropriate to do so having regard to the matters in subsection (3).
3 After section 44ZZA
Insert:
44ZZAAA Proposed amendments to access undertakings
Commission may give an amendment notice in relation to an undertaking
(1) Before deciding whether to accept an undertaking given to it under subsection 44ZZA(1) by a person who is, or expects to be, the provider of a service, the Commission may give the person an amendment notice in relation to the undertaking.
(2) An amendment notice is a notice in writing that specifies:
(a) the nature of the amendment or amendments (the proposed amendment or amendments ) that the Commission proposes be made to the undertaking; and
(b) the Commission's reasons for the proposed amendment or amendments; and
(c) the period (the response period ) within which the person may respond to the notice, which must be at least 14 days after the day the notice was given to the person.
(3) The Commission may publish, by electronic or other means, the amendment notice.
(4) The Commission may give more than one amendment notice in relation to an undertaking.
Person may give a revised undertaking in response to notice
(5) If a person receives an amendment notice, the person may, within the response period, respond to the notice by giving a revised undertaking to the Commission that incorporates one or more amendments.
(6) If the revised undertaking incorporates one or more amendments that the Commission considers are not of the nature proposed in the amendment notice and do not address the reasons for the proposed amendments given in the amendment notice, the Commission must not accept the revised undertaking and must return it to the person within 21 days of receiving it.
(7) If the person gives a revised undertaking under subsection (5) and the revised undertaking is not returned to the person under subsection (6), the revised undertaking is taken, after the time it is given to the Commission, to be the undertaking given under section 44ZZA for the purposes of this Part.
(8) The person is taken to have not agreed to the proposed amendment or amendments if the person does not respond within the response period.
Commission not required to accept revised undertaking
(9) The Commission is not required to accept the revised undertaking under section 44ZZA.
No duty to propose amendments
(10) In considering whether to accept an undertaking, the Commission does not have a duty to consider whether to propose one or more amendments to the undertaking.
Notice of proposed amendment is not a legislative instrument
(11) A notice given under subsection (1) is not a legislative instrument.
4 Subsection 44ZZAA(6) (not including the note)
Repeal the subsection, substitute:
(6) The industry body may:
(a) withdraw the code given under subsection (1) at any time before the Commission makes a decision whether to accept the code; and
(b) withdraw or vary the code at any time after it has been accepted by the Commission, but only with the consent of the Commission.
The Commission may consent to a variation of the code if it thinks it appropriate to do so having regard to the matters in subsection (3).
Part 2 -- Application of amendments
5 Application provisions
(1) The amendments made by Part 1 of this Schedule, other than items 2 and 4, apply in relation to access undertakings given to the Commission after the commencement of that Part.
(2) The amendment made by item 2 in Part 1 of this Schedule applies in relation to access undertakings, whether given to the Commission before or after the commencement of that Part.
(3) The amendment made by item 4 in Part 1 of this Schedule applies in relation to access codes, whether given to the Commission before or after the commencement of that Part.