Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p12
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 12/22)
Character Range: 38220–40880

writing, that the weather conditions meet one or more of the criteria specified in Schedule 3.
Note   For extreme weather conditions — see subsection 6(1).
 (2) The carriage service provider must give the statement mentioned in paragraph (1)(a), and the evidence mentioned in paragraph (1)(b) (if applicable), to a customer:
 (a) if the grounds on which the exemption is based relate to circumstances mentioned in paragraph 24(2)(e) or (f) — as soon as practicable, but in any event not later than 14 weeks after the first day on which the exemption becomes available to the provider under section 24; and
 (b) in any other case — as soon as practicable, but in any event not later than 10 business days after the first day on which the exemption becomes available to the provider under section 24.
 (3) In estimating, for the purposes of subparagraph (1)(a)(iii), the period of time for which the exemption will exist, the carriage service provider must have regard to the following:
 (a) the effect, on the ability of the provider to comply with the relevant performance standard, of the circumstances that relate to the grounds on which the exemption is based;
 (b) the resources that the provider would have to commit, proportionate to that effect, to:
 (i) mitigate the consequences of the circumstances; and
 (ii) minimise the duration of the circumstances.
 (4) A customer of a carriage service provider is not prevented from disputing an exemption only because the provider has complied with this section.

27 General notice of exemptions
 (1) A carriage service provider who is taken to be exempt, on a provisional basis, from complying with a performance standard to the extent described in subsection 24(1) is not required to comply with section 26 if the carriage service provider:
 (a) as soon as practicable, but in any event not later than 9 business days after the first day on which the exemption becomes available to the provider under section 24, publishes the notice mentioned in subsection 28(1); and
 (b) as soon as practicable, but in any event not later than 8 business days after the first day on which the exemption becomes available to the provider under section 24, gives to ACMA and the TIO:
 (i) a copy of the notice; and
 (ii) the telephone numbers of customers to whom the exemption relates; and
 (c) as soon as practicable, but in any event not later than 8 business days after the first day on which the exemption becomes available to the provider under section 24, provides on the internet the information that is published in the notice; and
 (d) as soon as practicable, but in any event not later than 9 business days after