151AStandard functional separation undertaking

151A Standard functional separation undertaking

(1) If a person is a corporation, the person may give a written undertaking (a standard functional separation undertaking) to the ACCC. (2) The undertaking must: (a) provide that the person will maintain: (i) a single wholesale business unit; and (ii) a single retail business unit; and (b) provide that the person will maintain arm’s length functional separation between: (i) the person’s wholesale business unit; and (ii) the person’s retail business unit; and (c) provide that the person will ensure that: (i) the terms and conditions relating to price or a method of ascertaining price; and (ii) other terms and conditions; on which the person’s wholesale business unit supplies local access line services to the person’s retail business unit are documented; and (d) provide that the person will, to the extent specified in the undertaking, ensure that the workers who perform their duties for the person’s wholesale business unit are different from the workers who perform their duties for the person’s retail business unit; and (e) provide that the person will, to the extent specified in the undertaking, ensure that there are separate: (i) operational support systems; and (ii) business systems; and (iii) communications systems; and (iv) accounts; for: (v) the person’s wholesale business unit; and (vi) the person’s retail business unit; and (f) provide that the person will publish on the person’s website: (i) the terms and conditions relating to price or a method of ascertaining price; and (ii) other terms and conditions; on which the person’s wholesale business unit offers to supply local access line services to the following: (iii) the person’s retail business unit; (iv) the person’s wholesale customers or prospective wholesale customers; and (g) provide that the person will: (i) if requested to do so by a wholesale customer or prospective wholesale customer, supply a local access line service to the wholesale customer or prospective wholesale customer; and (ii) do so on the terms and conditions that were published on the person’s website at the time when the request was made; and (h) provide that the person will ensure that information provided to the person’s wholesale business unit by the person’s wholesale customers is not disclosed to the person’s retail business unit; and (i) provide that the person will ensure that the person’s retail business unit does not obtain, access or use information provided to the person’s wholesale business unit by the person’s wholesale customers; and (j) provide that the person will ensure that information provided to the person’s retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)) is not disclosed to the person’s wholesale business unit; and (k) provide that the person will ensure that the person’s wholesale business unit does not obtain, access or use information provided to the person’s retail business unit by a carrier or carriage service provider (other than information of a kind specified in a determination under subsection (13)); and (l) provide that the person will use the same customer interface for dealings between: (i) the person’s wholesale business unit; and (ii) the person’s wholesale customers; as the person uses for dealings between: (iii) the person’s wholesale business unit; and (iv) the person’s retail business unit; and (m) contain such other provisions (if any) as are specified in a determination under subsection (14); and (n) not contain a provision of a kind specified in a determination under subsection (15).