151KVariation of functional separation undertaking that is under consideration

#### 151K Variation of functional separation undertaking that is under consideration Scope (1) This section applies if: (a) a person gives the ACCC a standard functional separation undertaking (the original undertaking); or (b) 2 or more persons give the ACCC a joint functional separation undertaking (the original undertaking). Notice (2) The ACCC may give the person or persons a written notice stating that, if: (a) the person makes, or the persons make, such variations to the original undertaking as are specified in the notice; and (b) the person gives, or the persons give, the varied undertaking to the ACCC within the period specified in the notice; the ACCC will consider the varied undertaking under section 151F as if the varied undertaking had been given to the ACCC instead of the original undertaking. Treatment of varied undertaking (3) If the person gives, or the persons give, the ACCC a varied undertaking in response to the notice, the ACCC must consider the varied undertaking under section 151F as if the varied undertaking had been given to the ACCC instead of the original undertaking. No duty to consider whether to give a notice (4) The ACCC does not have a duty to consider whether to give a notice under subsection (2).