Commonwealth Numbered Acts

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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 117A

Time for payment of damages for breach of performance standards Decision whether to accept liability for damages

(1) If, at a particular time, a carriage service provider first has reason to believe that an event has occurred that is reasonably likely to result in the carriage service provider being liable to pay damages to a particular customer under section 116, then, within 14 days after that time, the carriage service provider must decide whether to accept that liability.

(2) In making a decision under subsection (1), the carriage service provider must have regard to whether there is any reasonable basis for the carriage service provider to dispute the liability.

(3) If a carriage service provider makes a decision under subsection (1) to accept, or not to accept, a liability to pay damages to a particular customer, the carriage service provider must give the customer written notification of the decision within 14 weeks after the decision is made.

Crediting customer account

(4) If:

the liability must be discharged within the period of 14 weeks after the decision is made and:

Other manner of discharging liability

(5) If:

the liability must be discharged within 14 weeks after the decision is made.

Customer

(6) If the customer dies, a reference in this section to the customer includes a reference to the legal personal representative of the customer.

Transitional

(7) The reference in subsection (1) to a particular time is a reference to a particular time after the end of the period of 12 months beginning on the date of commencement of this section.



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