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

Schedule 1   Amendments commencing on the day after Royal Assent

Part 2   Transitional

80   Transitional - contracts, arrangements and understandings

Scope

(1) This item applies to a contract, arrangement or understanding that is covered by a subsection of section 577BA of the Telecommunications Act 1997.

Conduct

(2) If:

(a) a designated Telstra successor company (the first designated Telstra successor company ); or

(b) a body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first designated Telstra successor company;

has engaged in conduct during the transitional period in order to facilitate another designated Telstra successor company giving effect to a provision of the contract, arrangement or understanding after the commencement of Schedule 2 to this Act:

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

(d) 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.