Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p10
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 10/22)
Character Range: 33117–35944

(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 to rely on it. The exemption will cease to be available if the carriage service provider fails to comply with the notification requirements in either subsection 26(1) or 27(1).  See section 25.
 (2) Circumstances beyond the control of the provider may include (but are not limited to) the following circumstances:
 (a) damage to a facility of the carriage service provider that is not caused by the carriage service provider;
 (b) a natural disaster that:
 (i) causes mass outages of specified services; and
 (ii) restricts connection to a specified service or rectification of a fault or service difficulty;
 (c) extreme weather conditions that:
 (i) cause mass outages of services; and
 (ii) restrict connection to a specified service or rectification of a fault or service difficulty;
 (d) the carriage service provider is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts connection to a specified service or rectification of a fault or service difficulty;
 (e) the carriage service provider is prevented from connecting a specified service, or rectifying a fault or service difficulty, because the provider is unable to obtain lawful access to land or a facility;
 (f) a law of the Commonwealth, or of a State or a Territory, otherwise prevents the carriage service provider from complying with the performance standard.
 (3) However, a carriage service provider is not exempt from compliance with the performance standard to the extent that:
 (a) the non‑compliance is due wholly or partly to the act or omission of another carriage service provider; and
 (b) the exemption does not apply to the other carriage service provider.
 (4) Also, a carriage service provider is not exempt from compliance with the performance standard unless the carriage service provider has procedures in place to ensure that the provider does not rely on the exemption in circumstances that are not beyond the control of the provider.
 (5) In paragraph (2) (d):
public authority means:
 (a) the Commonwealth or a State or Territory; or
 (b) a Commonwealth, State or Territory authority, including:
 (i) a police force or service; and
 (ii) a fire service; and
 (iii) an ambulance service; and
 (iv) a local government authority.

25 Provisional exemption under section 24
 (1) A carriage service provider is taken to be exempt, on a provisional basis, from complying with a performance standard to the extent described in subsection 24(1) during the period:
 (a) starting when the provider first seeks to