Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_87f
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 87F
Character Range: 5251–6543

87F  Damages for breach of performance standards

 (1) If:
 (a) a carrier or service provider contravenes a standard in force under section 87E; and
 (b) the contravention relates to a particular customer;
the carrier or service provider is liable to pay damages to the customer for the contravention.

 (2) The amount of damages payable for a particular contravention is equal to the relevant amount specified in the scale in force under section 87G.

 (3) The customer may recover the amount of the damages by action against the carrier or service provider in a court of competent jurisdiction.

 (4) The liability of the carrier or service provider under this section may be discharged:
 (a) by giving the customer a credit in an account the customer has with the carrier or service provider; or
 (b) in any other manner agreed between the carrier or service provider and the customer.

 (5) 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.

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