Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p18
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 18/22)
Character Range: 53202–55853

consent to the waiver including the date of the consent; and
 (d) the written consent includes a statement that the customer understands the consequences of the waiver.
Note 1   Subsection 120(6) of the Act provides that a waiver must not be set out in a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Telecommunications Act 1997.
Note 2   Information in writing can be given to a customer electronically, such as where it is displayed on a website as part of an online sign-up process used to enter into an agreement for the supply of a carriage service to the customer.
Note 3   A customer may give written consent to a waiver electronically, including as part of an online sign-up process used to enter into an agreement for the supply of a carriage service to the customer.
Oral waivers
 (4) For paragraph (2)(b), a customer may waive their protection and rights under Part 5 of the Act by way of an oral waiver, if:
 (a) immediately before the time at which the customer consents to waiving their protection and rights, the carriage service provider:
 (i) gives the customer the information in paragraphs (5)(d), (5)(e) and (5)(f);
 (ii) informs the customer of its obligation to give a written statement under subsection (7);
 (iii) informs the customer of the customer's right to withdraw consent to the waiver in the period mentioned in paragraph (8)(b); and
 (b) the carriage service provider records the customer's oral consent to the waiver including the date of the consent.
Information to be given
 (5) The following information must be given to the customer in the manner and at the times specified in this section:
 (a) a description of the carriage service to which the waiver applies;
 (b) the date when the waiver takes effect;
 (c) the carriage service provider's name and contact details;
 (d) an explanation of the protection and rights afforded to a customer under this instrument;
 (e) a statement summarising the consequences of the waiver in relation to the particular carriage service to which the waiver applies; and
 (f) a statement that the customer is under no obligation to consent to the waiver.
Summary of consequences of waiver
 (6) For paragraph (5)(e), a statement summarising the consequences of the waiver is a statement of the protection and rights under Part 5 of the Act that would be retained, and those that would be forgone, as a 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