Document ID: chunk:federal_register_of_legislation:C2024A00036:clause:1_360vd
Version: federal_register_of_legislation:C2024A00036
Segment Type: clause
Provision Reference: sch 1 cl 360VD
Character Range: 67549–69854

360VD  Damages for breach of a designated compensable standard or designated compensable rule
 (1) If:
 (a) a statutory infrastructure provider contravenes a designated compensable standard; and
 (b) the standard is determined under subsection 360U(1); and
 (c) the contravention relates to a particular customer;
the statutory infrastructure provider is liable to pay damages to the customer for the contravention.
 (2) If:
 (a) a statutory infrastructure provider contravenes a designated compensable rule; and
 (b) the rule is made under subsection 360V(1); and
 (c) the contravention relates to a particular customer;
the statutory infrastructure provider is liable to pay damages to the customer for the contravention.
 (3) The amount of damages payable under subsection (1) or (2) for a particular contravention is ascertained in accordance with the compensation rules.
 (4) However, if:
 (a) the statutory infrastructure provider:
 (i) credits an amount to an account that the customer has with the provider; or
 (ii) pays an amount to the customer; and
 (b) the credit or payment was made as a result of a right or remedy that:
 (i) was available to the customer otherwise than under this Division; and
 (ii) arose out of the same event or transaction as the contravention;
the amount of damages payable for the contravention is to be reduced (but not below zero) by the amount of the credit or payment.
 (5) The customer may recover the amount of the damages by action against the statutory infrastructure provider in a court of competent jurisdiction.
 (6) The liability of the statutory infrastructure provider under this section may be discharged:
 (a) by giving the customer a credit in an account the customer has with the statutory infrastructure provider; or
 (b) in any other manner agreed between the statutory infrastructure provider and the customer.
 (7) An action under this section must be instituted within 2 years after:
 (a) in the case of a contravention that continued throughout a period—the time when the contravention began; or
 (b) in any other case—the time when the contravention occurred.
 (8) 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.