Document ID: chunk:federal_register_of_legislation:F2021C00265:reg:5:p1
Version: federal_register_of_legislation:F2021C00265
Segment Type: reg
Provision Reference: reg 5 (pt 1/3)
Character Range: 3398–6499

5  Definitions

  In this instrument:

       ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

       advocate means a person nominated on behalf of a consumer to deal with a carriage service provider on the consumer's behalf, but does not include an authorised representative or a person who has authority to access the consumer's account information from the carriage service provider.

       authorised representative means a person who has authority from a consumer to deal with a carriage service provider on behalf of that consumer as their authorised agent.

       bill means an invoice from a carriage service provider which advises a consumer of the total of each billed charge.

       billed charge means a charge that is due for payment by a consumer in respect of telecommunications products provided by a carriage service provider.

       billing period means a period of time in relation to which a billed charge relates.

       carriage service provider's website includes a website controlled by a carriage service provider or another website it has endorsed for managing or receiving complaints.

       closed, when used in connection with a complaint, means a complaint that is no longer open in the carriage service provider's complaint management system where:

           (a)          resolution has occurred and no further action is required by the carriage service provider; or

           (b)          paragraph 13(1)(l) applies.

       complaint means an expression of dissatisfaction made to a carriage service provider by a consumer in relation to its telecommunications products or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected by the consumer.

       It does not include an initial call to request information or support or to report a fault or service difficulty unless a consumer advises that they want that call treated as a complaint, and does not include an issue that is the subject of legal action.

       complaints handling process means a consumer complaints handling process established by a carriage service provider pursuant to section 7.

       consumer means:

           (a)          an individual who acquires or may acquire a telecommunications product for the primary purpose of personal or domestic use and not for resale; or

           (b)          a business or non-profit organisation which acquires or may acquire one or more telecommunications products which are not for resale and which, at the time it enters into the consumer contract:

              (i)            does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and
              (ii)         has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.

       A reference to a consumer includes a reference to the consumer's representative.

       consumer contract means an arrangement