Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p9
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 9/22)
Character Range: 30475–33350

be paid;
 (b) the notice advised the customer that the customer could apply to the provider for reconsideration of the proposed decision to disconnect the service and, if not satisfied with the reconsidered decision, could make a complaint to the TIO about that decision;
 (c) the notice offered the customer a period of 21 days, starting not earlier than when the customer received the notice, within which the customer could pay the charge or apply for reconsideration;
 (d) within the period of 21 days, the customer:
 (i) did not pay the charge; and
 (ii) did not apply for reconsideration;
 (e) the service was then disconnected.
 (3) A carriage service provider is exempt from complying with a performance standard in relation to connection of a customer to a specified service if the customer has been disconnected from the service in the following circumstances, and remains disconnected:
 (a) the carriage service provider gave to the customer the written notice mentioned in paragraph (2)(a);
 (b) not later than 21 days after receiving the notice, the customer applied to the carriage service provider for reconsideration of the proposed decision to disconnect the service;
 (c) the carriage service provider reconsidered the proposed decision after receiving the application for reconsideration, and confirmed the proposed decision;
 (d) the customer did not make a complaint to the TIO about the decision on reconsideration within 7 days after receiving notice of the decision;
 (e) the service was then disconnected.
 (4) A carriage service provider is exempt from complying with a performance standard in relation to connection of a customer to a specified service if the customer has been disconnected from the service in the following circumstances, and remains disconnected:
 (a) the carriage service provider gave to the customer the written notice mentioned in paragraph (2)(a);
 (b) the carriage service provider reconsidered the proposed decision to disconnect the service in accordance with paragraph (3)(c), and confirmed the proposed decision;
 (c) the customer made a complaint to the TIO about the decision on reconsideration within 7 days after receiving notice of the decision;
 (d) the TIO gave a direction about the complaint that had the effect of confirming the decision;
 (e) the service was then disconnected.

24 Circumstances beyond the control of carriage service providers
 (1) A carriage service provider is exempt from complying with a performance standard to the extent that non‑compliance with the standard is a result of:
 (a) circumstances beyond the control of the carriage service provider; or
 (b) the need to move staff or equipment to an area affected by circumstances beyond the control of the provider.
Note   An exemption under subsection (1) operates on a provisional level from the time at which the provider first seeks