151JCriteria for accepting functional separation undertaking

151J Criteria for accepting functional separation undertaking

Scope (1) This section applies if: (a) a person gives the ACCC a standard functional separation undertaking; or (b) 2 or more persons give the ACCC a joint functional separation undertaking. Criteria (2) In deciding whether to accept the undertaking, the ACCC must have regard to: (a) whether the undertaking promotes the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services; and (b) the matters (if any) specified in a determination that was in force under subsection (3) at the time the undertaking was given; and (c) such other matters (if any) as the ACCC considers relevant. (3) The Minister may, by legislative instrument, determine one or more matters for the purposes of paragraph (2)(b).