Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p19
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 19/22)
Character Range: 55637–58295

result of the waiver, and which, at a minimum, includes:
 (a) the performance standards that will apply to the carriage service, and those that will not apply, as a result of the waiver; and
 (b) whether or not, as a result of the waiver, the customer will retain, or forgo, the customer's right to damages for contraventions of the performance standards that apply to the carriage service.
Written statement for oral waivers
 (7) If the customer's consent to a waiver is procured under subsection (4), the carriage service provider must, within 3 business days after the customer consents to the waiver, give to the customer a written statement which:
 (a) has a prominent title containing the word 'waiver'; and
 (b) contains the information specified in paragraphs (5)(a) to (5)(e).
Date when waiver takes effect
 (8) A waiver takes effect:
 (a) in the case of a waiver procured under subsection (3), on the day on which the customer consents to the waiver; or
 (b) in the case of a waiver procured under subsection (4), 5 business days after the day on which the customer consents to the waiver under that subsection, unless, before the end of that period, the customer withdraws their consent to the waiver.

35 Record keeping
 (1) Carriage service providers must keep a copy of a record of a customer's waiver in accordance with subsections (2) and (3) for a minimum period of 2 years from the day on which the waiver takes effect.
 (2) In the case of a waiver procured under subsection 34(3), a record of a customer's waiver must include:
 (a) the customer's name and contact details;
 (b) a record of the customer's consent to the waiver including the date of the consent; and
 (c) the information specified in subsection 34(5).
 (3) In the case of a waiver procured under subsection 34(4), a record of a customer's waiver must include:
 (a) the customer's name and contact details;
 (b) a record of the customer's consent to the waiver including the date of the consent; and
 (c) a copy of the written statement given to the customer under subsection 34(7).
Note   A record may be stored electronically.

Part 6—Transitional arrangements

36 Definitions for Part 6
  In this Part:
commencement day means the day on which the new CSG Standard commences.

37 Exemptions relied upon under 2011 CSG Standard
 (1) If, before the commencement of the new CSG Standard:
 (a) a carriage service provider was, by reason of subsection 22(1) of the 2011 CSG Standard, taken to be exempt, on a provisional basis, from complying with a performance standard in the 2011 CSG Standard to the extent described in subsection 21(1) of the 2011 CSG Standard;
 (b) the