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

Schedule 2   Amendments contingent on the implementation of an approved scheme of arrangement

Part 1   Main amendments

Division 1   Amendments

Competition and Consumer Act 2010

17   After section 152EQ

Insert:

152EQA Voluntary undertakings originally given by Telstra

Scope

(1) This section 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.

Commission must have regard to the conduct of a designated Telstra successor company

(2) If a designated Telstra successor company has engaged, or is required to engage, in conduct in order to comply with the undertaking, then, in performing a function, or exercising a power, under this Part in relation to the designated Telstra successor company, the Commission must have regard to the conduct to the extent that the conduct is relevant.

Commission must not prevent a designated Telstra successor company from complying with the undertaking

(3) The Commission must not perform a function, or exercise a power, under this Part so as to prevent a designated Telstra successor company from complying with the undertaking.