Competition and Consumer Act. Australia
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Название: Competition and Consumer Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392085088
isbn:
(7) The provider may:
(a) withdraw the application given under subsection (1) at any time before the Commission makes a decision on whether to accept the application; and
(b) withdraw or vary the undertaking at any time after it has been accepted by the Commission, but only with the consent of the Commission.
The Commission may consent to a variation of the undertaking if it thinks it appropriate to do so having regard to the matters in subsection (3).
Note 1: There are time limits that apply to a decision of the Commission under this section: see section 44ZZBC.
Note 2: The Commission may request information and invite public submissions in relation to its decision: see sections 44ZZBCA and 44ZZBD.
Note 3: The Commission must publish its decision: see section 44ZZBE.
44ZZAAA Proposed amendments to access undertakings
Commission may give an amendment notice in relation to an undertaking
(1) Before deciding whether to accept an undertaking given to it under subsection 44ZZA(1) by a person who is, or expects to be, the provider of a service, the Commission may give the person an amendment notice in relation to the undertaking.
(2) An amendment notice is a notice in writing that specifies:
(a) the nature of the amendment or amendments (the proposed amendment or amendments) that the Commission proposes be made to the undertaking; and
(b) the Commission’s reasons for the proposed amendment or amendments; and
(c) the period (the response period) within which the person may respond to the notice, which must be at least 14 days after the day the notice was given to the person.
(3) The Commission may publish, by electronic or other means, the amendment notice.
(4) The Commission may give more than one amendment notice in relation to an undertaking.
Person may give a revised undertaking in response to notice
(5) If a person receives an amendment notice, the person may, within the response period, respond to the notice by giving a revised undertaking to the Commission that incorporates one or more amendments.
(6) If the revised undertaking incorporates one or more amendments that the Commission considers are not of the nature proposed in the amendment notice and do not address the reasons for the proposed amendments given in the amendment notice, the Commission must not accept the revised undertaking and must return it to the person within 21 days of receiving it.
(7) If the person gives a revised undertaking under subsection (5) and the revised undertaking is not returned to the person under subsection (6), the revised undertaking is taken, after the time it is given to the Commission, to be the undertaking given under section 44ZZA for the purposes of this Part.
(8) The person is taken to have not agreed to the proposed amendment or amendments if the person does not respond within the response period.
Commission not required to accept revised undertaking
(9) The Commission is not required to accept the revised undertaking under section 44ZZA.
No duty to propose amendments
(10) In considering whether to accept an undertaking, the Commission does not have a duty to consider whether to propose one or more amendments to the undertaking.
Notice of proposed amendment is not a legislative instrument
(11) A notice given under subsection (1) is not a legislative instrument.
44ZZAAB Access undertakings containing fixed principles
Access undertakings may contain fixed principles
(1) An access undertaking given to the Commission under subsection 44ZZA(1) may include one or more terms that, under the undertaking, are fixed for a specified period.
(2) Each of the terms is a fixed principle and the specified period is a fixed period. Different periods may be specified for different fixed principles.
(3) The fixed period must:
(a) start:
(i) when the access undertaking comes into operation; or
(ii) at a later time ascertained in accordance with the undertaking; and
(b) extend beyond the expiry date of the undertaking.
Consideration of fixed principles
(4) The Commission may reject the undertaking if it:
(a) includes a term that is not a fixed principle and that the Commission considers should be a fixed principle; or
(b) includes a fixed principle that the Commission considers should not be fixed; or
(c) includes a fixed principle that the Commission considers should be fixed for a period that is different from the period specified in the undertaking.
However, the Commission must not reject the undertaking solely on the basis that it is consistent with a fixed principle that is included in the undertaking in compliance with subsection (6).
Fixed principles must be carried over to later undertakings
(5) Subsection (6) applies if:
(a) the Commission accepts an undertaking (the earlier undertaking) in connection with the provision of access to a service that includes a fixed principle; and
(b) an undertaking (the later undertaking) is given to the Commission in connection with the provision of access to the service within the fixed period for the fixed principle; and
(c) at the time the later undertaking is given:
(i) the fixed principle has not been revoked under subsection (7); and
(ii) the earlier undertaking has not been varied under subsection 44ZZA(7) so that the fixed principle is no longer a term of the earlier undertaking.
(6) The Commission must not accept the later undertaking under section 44ZZA unless the undertaking includes a term that is the same as the fixed principle.
Variation or revocation of fixed principles when no undertaking is in operation
(7) If there is no access undertaking in operation in connection with the provision of access to a service, the provider may revoke or vary a fixed principle that relates to the service (including the fixed period for the principle), but only with the consent of the Commission. The Commission may consent to the revocation or variation of the fixed principle if it thinks it appropriate to do so having regard to the matters in subsection 44ZZA(3).
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