Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 360VE

Decision whether to accept liability for damages

  (1)   If, at a particular time, a statutory infrastructure provider first has reason to believe that an event has occurred that is reasonably likely to result in the statutory infrastructure provider being liable to pay damages to a particular customer under section   360VD, the statutory infrastructure provider must:

  (a)   decide whether to accept that liability; and

  (b)   do so:

  (i)   within 14 days after that time; or

  (ii)   if another number of days is the relevant number of days for the purposes of the application of this subsection to the designated compensable rule or designated compensable standard to which the liability relates--within the relevant number of days after that time.

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

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

Crediting customer account

  (4)   If:

  (a)   a statutory infrastructure provider makes a decision under subsection   (1) to accept a liability to pay damages to a particular customer; and

  (b)   the liability is to be discharged by giving the customer a credit in an account the customer has with the statutory infrastructure provider;

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

  (c)   if it is practicable for the statutory infrastructure provider to give the customer the credit within that 14 - week period and in time for the customer to be notified of the credit in the first bill sent to the customer during that period--by giving the customer the credit in time for the customer to be notified of the credit in that bill; or

  (d)   if paragraph   (c) does not apply, but it is practicable for the statutory infrastructure provider to give the customer the credit within that 14 - week period and in time for the customer to be notified of the credit in the second bill sent to the customer during that period--by giving the customer the credit in time for the customer to be notified of the credit in that bill.

Other manner of discharging liability

  (5)   If:

  (a)   a statutory infrastructure provider makes a decision under subsection   (1) to accept a liability to pay damages to a particular customer; and

  (b)   the liability is not to be discharged by giving the customer a credit in an account the customer has with the statutory infrastructure provider;

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

Customer

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