30Variation of final functional separation undertaking

#### 30 Variation of final functional separation undertaking (1) This section applies if a final functional separation undertaking given by an NBN corporation is in force. Variation (2) The Communications Minister and the Finance Minister may, in writing, vary the final functional separation undertaking: (a) at the request of the NBN corporation or another person; or (b) on the initiative of the Communications Minister and the Finance Minister. (3) The Communications Minister and the Finance Minister do not have a duty to consider whether to exercise the power to vary a final functional separation undertaking, whether they are requested to do so by the NBN corporation or by any other person, or in any other circumstances. Consultation (4) Before varying a final functional separation undertaking, the Communications Minister and the Finance Minister must: (a) cause to be published on the Department’s website a notice: (i) setting out the proposed variation; and (ii) inviting persons to make submissions to the Communications Minister and the Finance Minister about the proposed variation within 14 days after the notice is published; and (b) give the ACCC a copy of the notice; and (c) cause to be published on the Department’s website a copy of each submission received within the 14‑day period mentioned in paragraph (a); and (d) consider any submissions received within the 14‑day period mentioned in paragraph (a); and (e) ask the ACCC to give advice to the Communications Minister and the Finance Minister, within 44 days after the notice is published, about the proposed variation; and (f) have regard to any advice given by the ACCC. Minor variation (5) Subsection (4) does not apply to a proposed variation if the variation is of a minor nature. (6) If the proposed variation: (a) is of a minor nature; and (b) is not made at the request of the NBN corporation; then, before making the proposed variation, the Communications Minister and the Finance Minister must: (c) give the NBN corporation a notice: (i) setting out the proposed variation; and (ii) inviting the NBN corporation to make submissions to the Communications Minister and the Finance Minister about the proposed variation within 14 days after the notice is given; and (d) consider any submissions received from the NBN corporation within that 14‑day period. Advice by the ACCC (7) Subsection (4) does not, by implication, prevent the Communications Minister and the Finance Minister from asking the ACCC to give the Communications Minister and the Finance Minister additional advice about a matter arising under this section. Notification of variation (8) As soon as practicable after varying a final functional separation undertaking, the Communications Minister and the Finance Minister must notify the NBN corporation in writing of the variation. When variation comes into force (9) A variation of a final functional separation undertaking comes into force on the day after the notice of the variation is given to the NBN corporation in accordance with subsection (8). Variation is not a legislative instrument (10) A variation of a final functional separation undertaking is not a legislative instrument.