151CJoint functional separation undertaking

151C Joint functional separation undertaking

(1) If 2 or more persons are corporations, those persons may give a joint written undertaking (a joint functional separation undertaking) to the ACCC. (2) The undertaking must: (a) identify: (i) one or more (but not all) of those persons as the wholesaler or wholesalers for the purposes of the undertaking; and (ii) the remaining person or persons as the retailer or retailers for the purposes of the undertaking; and (b) provide that a wholesaler will not supply a local access line service to a person unless the person is a wholesale customer; and (c) provide that a retailer will not supply a local access line service to a person unless the person is a retail customer; and (d) provide that a wholesaler will, to the extent specified in the undertaking, ensure that the wholesaler’s workers will perform their duties exclusively for the wholesaler; and (e) provide that a retailer will, to the extent specified in the undertaking, ensure that the retailer’s workers will perform their duties exclusively for the retailer; and (f) provide that a wholesaler will, to the extent specified in the undertaking, ensure that the workers who: (i) are engaged by persons other than the wholesaler; and (ii) perform duties for the wholesaler; are different from the workers who: (iii) are engaged by persons other than the wholesaler; and (iv) perform duties for a retailer; and (g) provide that a retailer will, to the extent specified in the undertaking, ensure that the workers who: (i) are engaged by persons other than the retailer; and (ii) perform duties for the retailer; are different from the workers who: (iii) are engaged by persons other than the retailer; and (iv) perform duties for a wholesaler; and (h) provide that a wholesaler will ensure that no director of the wholesaler is a director of a retailer; and (i) provide that a retailer will ensure that no director of the retailer is a director of a wholesaler; and (j) provide that: (i) the wholesaler or wholesalers; and (ii) the retailer or retailers; will, to the extent specified in the undertaking, have separate: (iii) operational support systems; and (iv) business systems; and (v) communications systems; and (vi) accounts; and (k) provide that a wholesaler will publish on the wholesaler’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 wholesaler offers to supply local access line services to the following: (iii) a retailer; (iv) its wholesale customers or prospective wholesale customers; and (l) provide that a wholesaler 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 wholesaler’s website at the time when the request was made; and (m) provide that a wholesaler will ensure that information provided by its wholesale customers (other than the retailer or retailers) is not disclosed to any of the retailers; and (n) provide that a retailer will ensure that it does not obtain, access or use information provided to any of the wholesalers by the wholesaler’s wholesale customers; and (o) provide that a retailer will ensure that information provided to the retailer by a carrier or carriage service provider, other than: (i) information provided by a wholesaler; or (ii) information of a kind specified in a determination under subsection (15); is not disclosed to any of the wholesalers; and (p) provide that a wholesaler will ensure that it does not obtain, access or use information provided to any of the retailers by a carrier or carriage service provider, other than: (i) information provided by a wholesaler; or (ii) information of a kind specified in a determination under subsection (15); and (q) provide that a wholesaler will use the same customer interface for dealings between: (i) the wholesaler; and (ii) the wholesaler’s wholesale customers (other than the retailer or retailers); as the wholesaler uses for dealings between: (iii) the wholesaler; and (iv) a retailer; and (r) contain such other provisions (if any) as are specified in a determination under subsection (16); and (s) not contain a provision of a kind specified in a determination under subsection (17).