151YNotification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation

151Y Notification that a person is at risk of having an unsatisfactory compliance record in relation to functional separation

Scope (1) This section applies to: (a) a breach by a person of a functional separation undertaking given by the person, so long as the breach occurred when the undertaking was in force; and (b) a contravention by a person of section 143B, 151ZA, 151ZB, 151ZF, 151ZG, 151ZH or 151ZI.

Note: See section 142B.

Notification (2) If: (a) a functional separation undertaking given by a person is in force; and (b) the ACCC is aware of one or more breaches or contraventions by the person; and (c) the ACCC is satisfied that those breaches or contraventions do not mean that the person has an unsatisfactory compliance record in relation to functional separation; and (d) the ACCC is satisfied that, if there were to be a particular kind of additional breach or contravention by the person, the person would have an unsatisfactory compliance record in relation to functional separation; the ACCC must: (e) give the person a written notice: (i) stating that the ACCC considers that the person is at risk of having an unsatisfactory compliance record in relation to functional separation; and (ii) informing the person that an unsatisfactory compliance record is a ground for revoking the undertaking; and (f) do so as soon as practicable after becoming satisfied as mentioned in paragraph (d).

Note: See section 142B.

(3) A failure to comply with subsection (2) does not affect the validity of a revocation of a functional separation undertaking.