26Draft functional separation undertaking to be given to the Communications Minister and the Finance Minister

#### 26 Draft functional separation undertaking to be given to the Communications Minister and the Finance Minister (1) An NBN corporation must give the Communications Minister and the Finance Minister a draft functional separation undertaking: (a) within 90 days after the first or only functional separation requirements determination in relation to the NBN corporation comes into force; or (b) if a longer period is specified in an instrument under subsection (2)—within that longer period. (2) The Communications Minister and the Finance Minister may, by writing, specify a period for the purposes of paragraph (1)(b). (3) The Communications Minister and the Finance Minister may, by writing, vary a subsection (2) instrument. (4) A period specified in a subsection (2) instrument may be a period ascertained wholly or partly by reference to the occurrence of a specified event. (5) The Communications Minister and the Finance Minister do not have a duty to consider whether to exercise the power to make or vary a subsection (2) instrument, whether they are requested to do so by the NBN corporation or by any other person, or in any other circumstances. (6) The Communications Minister and the Finance Minister must cause a copy of an instrument under subsection (2) or (3) to be published on the Department’s website. (7) An instrument under subsection (2) or (3) is not a legislative instrument.