151WRevocation of functional separation undertaking

#### 151W Revocation of functional separation undertaking Standard functional separation undertaking (1) If: (a) a standard functional separation undertaking given by a person is in force; and (b) the person has: (i) breached a fundamental provision of the undertaking; or (ii) contravened section 151ZF or 151ZG; the ACCC may, by written notice given to the person, revoke the undertaking. (2) If: (a) a standard functional separation undertaking given by a person is in force; and (b) the ACCC is satisfied that the person has an unsatisfactory compliance record in relation to functional separation; the ACCC may, by written notice given to the person, revoke the undertaking. (3) If: (a) a standard functional separation undertaking given by a person is in force; and (b) the person requests the ACCC, in writing, to revoke the undertaking; the ACCC must, by written notice given to the person, revoke the undertaking. (4) A revocation under subsection (1), (2) or (3) takes effect at the time specified in the notice of revocation. The specified time: (a) must not be earlier than the time the notice is given; and (b) must not be later than 12 months after the notice is given. (5) After the giving of a notice of revocation of a standard functional separation undertaking under subsection (1), (2) or (3): (a) the undertaking does not apply to local access line services supplied using a local access line that came into existence after the notice was given; and (b) the definitions of retail business unit and wholesale business unit in section 142A (in so far as those definitions relate to the undertaking) have effect as if references in those definitions to the supply of local access line services did not include the supply of local access line services using a local access line that came into existence after the notice was given. Joint functional separation undertaking (6) If: (a) a joint functional separation undertaking given by 2 or more persons is in force; and (b) any of those persons has: (i) breached a fundamental provision of the undertaking; or (ii) contravened section 151ZF or 151ZG; the ACCC may, by written notice given to each of those persons, revoke the undertaking. (7) If: (a) a joint functional separation undertaking given by 2 or more persons is in force; and (b) the ACCC is satisfied that any of those persons has an unsatisfactory compliance record in relation to functional separation; the ACCC may, by written notice given to each of those persons, revoke the undertaking. (8) If: (a) a joint functional separation undertaking given by 2 or more persons is in force; and (b) those persons request the ACCC, in writing, to revoke the undertaking; the ACCC must, by written notice given to each of those persons, revoke the undertaking. (9) A revocation under subsection (6), (7) or (8) takes effect at the time specified in the notice of revocation. The specified time: (a) must not be earlier than the time the notice is given; and (b) must not be later than 12 months after the notice is given. (10) After the giving of a notice of revocation of a joint functional separation undertaking under subsection (6), (7) or (8), the undertaking does not apply to local access line services supplied using a local access line that came into existence after the notice was given. Matters to which the ACCC must have regard (11) In exercising its powers under this section, the ACCC must have regard to the following matters: (a) whether arrangements to maintain the continuity of the supply of superfast carriage services to residential customers using local access lines: (i) have been made; or (ii) can be made before the relevant revocation takes effect; (b) in the case of a revocation under subsection (1) or (6)—the consequences of the breach; (c) in the case of a revocation under subsection (2) or (7)—the consequences of the person’s unsatisfactory compliance record; (d) such other matters (if any) as the ACCC considers relevant.