Telstra Corporation and Other Legislation Amendment Act 2021 (140 of 2021)

Schedule 1   Amendments commencing on the day after Royal Assent

Part 2   Transitional

79   Transitional - undertakings about structural separation

Scope

(1) This item applies if an undertaking is in force under section 577A of the Telecommunications Act 1997.

Note: Section 577A of the Telecommunications Act 1997 deals with undertakings about structural separation.

Conduct of a designated Telstra successor company

(2) If a designated Telstra successor company (the first designated Telstra successor company ) has engaged in conduct during the transitional period in order to facilitate another designated Telstra successor company complying with the undertaking after the commencement of Schedule 2 to this Act:

(a) the conduct is authorised for the purposes of subsection 51(1) of the Competition and Consumer Act 2010; and

(b) in performing a function, or exercising a power, under Part XIB of the Competition and Consumer Act 2010 in relation to the first designated Telstra successor company, the ACCC must have regard to the conduct to the extent that the conduct is relevant.