Section 152ER — Competition and Consumer Act 2010: Voluntary undertakings given by Telstra

Scope (1) This section applies if an undertaking given by Telstra is in force under section 577C or 577E of the Telecommunications Act 1997. Note 2: Section 577C of the Telecommunications Act 1997 deals with undertakings about hybrid fibre-coaxial networks. Note 3: Section 577E of the Telecommunications Act 1997 deals with undertakings about subscription television broadcasting licences. Commission must have regard to Telstra’s conduct (2) If Telstra 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 Telstra, the Commission must have regard to the conduct to the extent that the conduct is relevant. Commission must not prevent Telstra from complying with the undertaking (3) The Commission must not perform a function, or exercise a power, under this Part so as to prevent Telstra from complying with the undertaking.