Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 118A

(a) a carriage service provider (the first provider ) contravenes a standard in force under section 115; and

(b) the contravention relates to a particular customer; and

(c) the first provider is liable, under section 116, to pay damages (the primary damages ) to the customer for the contravention; and

(d) the contravention is wholly or partly attributable to one or more acts or omissions of another carriage service provider (the second provider ); and

(e) the first provider has discharged the liability for the primary damages;

(2) The amount of the secondary damages for the acts or omissions is:

(a) if the contravention is wholly attributable to the acts or omissions--an amount equal to the primary damages; or

(b) if the contravention is partly attributable to the acts or omissions--such amount (not exceeding the primary damages) as the court thinks fair and reasonable.

(a) was available to the first provider otherwise than under this section; and

(b) arose out of the same acts or omissions;

(4) The first provider may recover the amount of the secondary damages by action against the second provider in a court of competent jurisdiction.

(5) An action under this section must be instituted within 2 years after the first provider discharged the liability for the primary damages.

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

(7) Paragraph (1)(a) does not apply to a contravention that occurs before the end of the period of 6 months beginning on the date of commencement of this section.