151QVariation of functional separation undertaking that is in force

151Q Variation of functional separation undertaking that is in force

Scope (1) This section applies if: (a) a standard functional separation undertaking given by a person is in force; or (b) a joint functional separation undertaking given by 2 or more persons is in force. Variation (2) The person or persons may give the ACCC a variation of the undertaking. (3) If the undertaking is a standard functional separation undertaking, the undertaking as varied must comply with subsections 151A(2), (5), (8), (9), (10) and (11) and paragraph 151A(4)(a). (4) If the undertaking is a joint functional separation undertaking, the undertaking as varied must comply with subsections 151C(2), (5), (8), (9), (10), (11), (12) and (13) and paragraph 151C(4)(a). Form etc. (5) The variation must: (a) be accompanied by such information as is reasonably likely to assist the ACCC to decide whether to accept or reject the variation; and (b) be accompanied by the fee (if any) specified in, or ascertained in accordance with, a determination under subsection (6). (6) The ACCC may, by legislative instrument, determine a fee, or a method of ascertaining a fee, for the purposes of paragraph (5)(b). (7) A fee determined under, or ascertained in accordance with, subsection (6) must not be such as to amount to taxation.