152CBCCommission to accept or reject access undertaking

152CBC Commission to accept or reject access undertaking

(1) This section applies if a person gives a special access undertaking to the Commission.

(1A) Before the Commission makes a decision under subsection (2) in relation to the undertaking, the person may, by written notice given to the Commission within the time allowed by the Procedural Rules, modify the undertaking, so long as the modification is a modification that, under the Procedural Rules, is taken to be of a minor nature.

Decision to accept or reject undertaking

(2) After considering the undertaking, the Commission must:

(a) accept the undertaking; or

(b) reject the undertaking.

Notice of decision

(3) If the Commission accepts the undertaking, the Commission must give the person a written notice stating that the undertaking has been accepted.

(4) If the Commission rejects the undertaking, the Commission must give the person a written notice:

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

(b) setting out the reasons for the rejection.

Commission to make decision within 6 months

(5) If the Commission does not make a decision under subsection (2) about the undertaking within 6 months after receiving the undertaking, the Commission is taken to have made, at the end of that 6‑month period, a decision under subsection (2) to accept the undertaking.

(6) In calculating the 6‑month period referred to in subsection (5), disregard:

(aa) if:

(i) the Commission has given a notice under section 152CBDA in relation to the undertaking; and

(ii) no varied undertaking was given to the Commission in response to the notice;

a day in the period specified in the notice; and

(ab) if:

(i) the Commission has given a notice under section 152CBDA in relation to the undertaking; and

(ii) a varied undertaking was given to the Commission in response to the notice; and

(iii) the Commission did not publish the varied undertaking under paragraph 152CBD(2)(d);

a day in the period:

(iv) beginning on the day in which the notice was given; and

(v) ending when the varied undertaking was given to the Commission in response to the notice; and

(ac) if:

(i) the Commission has given a notice under section 152CBDA in relation to the undertaking; and

(ii) a varied undertaking was given to the Commission in response to the notice; and

(iii) the varied undertaking was published under paragraph 152CBD(2)(d);