Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p8
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 8/22)
Character Range: 27972–30721

a performance standard in relation to the supply of each of the services.
 (2) If a carriage service provider:
 (a) is already supplying a customer with 5 eligible telephone services; and
 (b) makes arrangements for the supply of 1 or more additional services to the customer —
the carriage service provider is exempt from complying with a performance standard in relation to the supply of each of the services mentioned in paragraphs (a) and (b).

22 Maintenance and upgrades
 (1) A carriage service provider is exempt from complying with a performance standard in relation to the supply of a specified service to a customer to the extent that non‑compliance with the standard is a result of maintenance or upgrading of a facility or network that is used to supply the service.
 (2) However, if an effect of non‑compliance with the standard would be that a specified service is not supplied to a customer, the carriage service provider is not exempt unless the carriage service provider has given to the customer reasonable notice of the non‑compliance.
Note   The Telecommunications (Emergency Call Service) Determination 2019 requires a carriage service provider who supplies an emergency telephone service to ensure that its controlled networks and controlled facilities give an end‑user access to emergency call services unless it is not technically feasible to give the access or a matter beyond the control of the provider materially and adversely affects the provider's technical ability to give the access.

23 Credit standing of customers
 (1) A carriage service provider is exempt from complying with a performance standard in relation to connection of a customer to a specified service if:
 (a) the customer would be lawfully obliged to pay to the provider a charge for:
 (i) connection to the service; or
 (ii) the use of the service; and
 (b) the carriage service provider has reasonable grounds to believe that the customer would be unable or unwilling to pay the charge as it is due to be paid.
 (2) 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 written notice that the provider considers that the customer had not paid a charge for:
 (i) connection to the service; or
 (ii) the use of the service;
  when it was due to 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