Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_46
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 46
Character Range: 1548260–1549576

46  ACMA may limit tort liability in relation to the supply of certain carriage services
 (1) The ACMA may, by legislative instrument, impose limits on amounts recoverable in tort in relation to acts done, or omissions made, in relation to the supply of specified carriage services.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (2) An instrument under subclause (1) has effect accordingly.
 (3) A limit imposed by an instrument under subclause (1) may be expressed to apply in relation to:
 (a) the total of the amounts that can be recovered in relation to a single event; or
 (b) the total of the amounts that can be recovered by a particular plaintiff in relation to a single event.
 (4) An instrument under subclause (1) may impose a limit expressed as:
 (a) a dollar amount; or
 (b) a method of calculating an amount.
 (5) Subclauses (3) and (4) do not, by implication, limit subclause (1).
 (6) This clause does not apply to a cause of action under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (which deals with the customer service guarantee).
 (7) This clause does not apply to a cause of action under clause 42 (which deals with compensation for loss or damage resulting from a carrier's activities under Division 2, 3 or 4).