Document ID: chunk:federal_register_of_legislation:C2024C00195:section:117a:p1
Version: federal_register_of_legislation:C2024C00195
Segment Type: section
Provision Reference: s 117A (pt 1/2)
Character Range: 229370–232029

117A  Time for payment of damages for breach of performance standards

Decision whether to accept liability for damages
 (1) If, at a particular time, a carriage service provider first has reason to believe that an event has occurred that is reasonably likely to result in the carriage service provider being liable to pay damages to a particular customer under section 116, then, within 14 days after that time, the carriage service provider must decide whether to accept that liability.
 (2) In making a decision under subsection (1), the carriage service provider must have regard to whether there is any reasonable basis for the carriage service provider to dispute the liability.
 (3) If a carriage service provider makes a decision under subsection (1) not to accept a liability to pay damages to a particular customer, the carriage service provider must give the customer written notification of the decision within 14 weeks after the decision is made.

Crediting customer account
 (4) If:
 (a) a carriage service provider makes a decision under subsection (1) to accept a liability to pay damages to a particular customer; and
 (b) the liability is to be discharged by giving the customer a credit in an account the customer has with the carriage service provider;
the liability must be discharged within the period of 14 weeks after the decision is made and:
 (c) if it is practicable for the carriage service provider to give the customer the credit within that 14‑week period and in time for the customer to be notified of the credit in the first bill sent to the customer during that period—by giving the customer the credit in time for the customer to be notified of the credit in that bill; or
 (d) if paragraph (c) does not apply, but it is practicable for the carriage service provider to give the customer the credit within that 14‑week period and in time for the customer to be notified of the credit in the second bill sent to the customer during that period—by giving the customer the credit in time for the customer to be notified of the credit in that bill.

Other manner of discharging liability
 (5) If:
 (a) a carriage service provider makes a decision under subsection (1) to accept a liability to pay damages to a particular customer; and
 (b) the liability is not to be discharged by giving the customer a credit in an account the customer has with the carriage service provider;
the liability must be discharged within 14 weeks after the decision is made.

Customer
 (6) If the customer dies, a reference in this section to the customer includes a reference to the legal personal representative of the customer.

Transitional
 (7)