Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p11
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 11/22)
Character Range: 35701–38473

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 rely on the exemption; and
 (b) ending when the provider first complies with subsection 26(1), or complies with subsection 27(1).
 (2) However, if the carriage service provider does not comply with either of sections 26 and 27:
 (a) section 24 ceases to apply to the provider in relation to the provider's non‑compliance with the performance standard; and
 (b) the exemption under section 24 is taken never to have applied to the provider in relation to the provider's non‑compliance with the performance standard.
Note   Sections 26 and 27 provide different ways in which a carriage service provider may notify customers and/or ACMA.
 (3) If the provider complies with subsection 26(1) or 27(1):
 (a) section 24 continues to apply to the provider in relation to the provider's non‑compliance with the performance standard; and
 (b) the exemption is taken not to be on a provisional basis from the time at which the provider complies with the subsection; and
 (c) the provider may describe itself as having claimed the exemption.
Note   Sections 26 and 27 provide different ways in which a carriage service provider may notify customers and/or ACMA.

26 Notice to particular customers of provisional exemption under section 24
 (1) A carriage service provider who is taken to be exempt, on a provisional basis, from complying with a performance standard to the extent described in subsection 24(1) must give each customer to whom the exemption relates:
 (a) a statement in writing stating:
 (i) the fact that the exemption is available to the provider under section 24; and
 (ii) the grounds on which the exemption is based; and
 (iii) if practicable, an estimate by the provider of the period of time for which the exemption will exist; and
 (iv) the entitlement of the customer to dispute the exemption by:
 (A) requesting the provider to reconsider whether the grounds mentioned in subparagraph (ii) are a proper basis for the exemption; and
 (B) complaining to the TIO; and
 (v) how a customer may contact the provider in relation to the exemption; and
 (b) if the exemption relates to extreme weather conditions that cause mass outages of specified services and restrict connection to a specified service or rectification of a fault or service difficulty — evidence, in writing, that the weather conditions meet one or more of the criteria specified in Schedule 3.
Note   For extreme weather conditions — see subsection 6(1).
 (2) The carriage service provider must give the statement mentioned in paragraph (1)(a), and the