Document ID: chunk:federal_register_of_legislation:C2024C00195:section:120
Version: federal_register_of_legislation:C2024C00195
Segment Type: section
Provision Reference: s 120
Character Range: 240597–242394

120  Waiver of customer service guarantee
 (1) The ACMA may, by written instrument, make provision for customers of carriage service providers to waive, in whole or in part, their protection and rights under this Part in relation to a particular carriage service supplied, or proposed to be supplied, by the carriage service provider concerned.
 (2) If such a waiver is made, then, to the extent of the waiver, the carriage service provider is not bound by, and need not comply with, any standards in force under section 115 in relation to the supply of that service to that customer.
 (3) A waiver must be made in accordance with the rules set out in the instrument.
 (4) A waiver must be in the form specified in the instrument.
 (5) The form must include a statement that summarises the consequences of the waiver.
 (6) A waiver must not be set out in a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Telecommunications Act 1997.
 (7) A customer is not entitled to waive, in whole or in part, the customer's protection and rights under this Part in relation to a particular standard telephone service supplied, or proposed to be supplied, by the carriage service provider concerned if the service is supplied, or proposed to be supplied:
 (a) in fulfilment of the universal service obligation; or
 (b) in compliance with the obligations under a contract entered into under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a); or
 (c) in compliance with the terms and conditions of a grant made under section 14 for a purpose relating to the achievement of the policy objective set out in paragraph 13(1)(a).
 (8) An instrument under subsection (1) is a legislative instrument.