sec.138Factors affecting approval of draft access undertaking

### sec.138 Factors affecting approval of draft access undertaking This section applies to a draft access undertaking given to, or prepared by, the authority under this subdivision. The authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to each of the following— the object of this part; the legitimate business interests of the owner or operator of the service; if the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected; the public interest, including the public interest in having competition in markets (whether or not in Australia); the interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A ; any other issues the authority considers relevant. However, the authority may approve a draft access undertaking only if— it is satisfied the undertaking is consistent with any access code for the service; and it is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and it has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and it has considered any submissions received by it within the time. Subsection (3) (b) applies subject to section 150K . The authority may not refuse to approve a draft access undertaking only because the authority considers a minor and inconsequential amendment should be made to a particular part of the undertaking. In this section— minor and inconsequential amendment , in relation to part of a draft access undertaking, means an amendment that, if made, would have no real effect or consequence in relation to that part of the undertaking and the undertaking as a whole. s 138 amd 2000 No. 15 s 35 ; 2005 No. 37 s 18 ; 2008 No. 35 s 48 ; 2010 No. 32 s 51 (sec.138-ssec.1) This section applies to a draft access undertaking given to, or prepared by, the authority under this subdivision. (sec.138-ssec.2) The authority may approve a draft access undertaking only if it considers it appropriate to do so having regard to each of the following— the object of this part; the legitimate business interests of the owner or operator of the service; if the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected; the public interest, including the public interest in having competition in markets (whether or not in Australia); the interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected; the effect of excluding existing assets for pricing purposes; the pricing principles mentioned in section 168A ; any other issues the authority considers relevant. (sec.138-ssec.3) However, the authority may approve a draft access undertaking only if— it is satisfied the undertaking is consistent with any access code for the service; and it is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and it has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and it has considered any submissions received by it within the time. (sec.138-ssec.4) Subsection (3) (b) applies subject to section 150K . (sec.138-ssec.5) The authority may not refuse to approve a draft access undertaking only because the authority considers a minor and inconsequential amendment should be made to a particular part of the undertaking. (sec.138-ssec.6) In this section— minor and inconsequential amendment , in relation to part of a draft access undertaking, means an amendment that, if made, would have no real effect or consequence in relation to that part of the undertaking and the undertaking as a whole. - (a) the object of this part; - (b) the legitimate business interests of the owner or operator of the service; - (c) if the owner and operator of the service are different entities—the legitimate business interests of the operator of the service are protected; - (d) the public interest, including the public interest in having competition in markets (whether or not in Australia); - (e) the interests of persons who may seek access to the service, including whether adequate provision has been made for compensation if the rights of users of the service are adversely affected; - (f) the effect of excluding existing assets for pricing purposes; - (g) the pricing principles mentioned in section 168A ; - (h) any other issues the authority considers relevant. - (a) it is satisfied the undertaking is consistent with any access code for the service; and - (b) it is satisfied the undertaking is not inconsistent with a ruling relating to the service that is in effect under division 7A ; and - (c) it has published the undertaking and invited persons to make submissions on it to the authority within the time stated by the authority; and - (d) it has considered any submissions received by it within the time.