Document ID: chunk:federal_register_of_legislation:F2020C01085:reg:8:p2
Version: federal_register_of_legislation:F2020C01085
Segment Type: reg
Provision Reference: reg 8 (pt 2/5)
Character Range: 19258–22213

has been disconnected by the legacy CSP in circumstances other than those set out in subsection 7(3),

           unless an exception in subsection (2) applies.

       Exceptions to the requirement to supply a legacy service

       (2)          The requirement to supply a legacy service does not apply where:

           (a)          the NBN CSP has sought the consumer's consent to supply the legacy service and the consumer does not consent to the supply of the legacy service;

           (b)          the NBN CSP is supplying an NBN backup service to the consumer;

           (c)          the consumer has consented to the supply of an interim service by the NBN CSP; or

           (d)          the consumer and the NBN CSP have agreed on an alternative arrangement, which may include the offer of compensation.

           Note:  Under subsection 14(1), the NBN CSP must notify the consumer of specified matters as soon as possible after becoming aware of a matter in paragraph 11(1)(a), (b) or (c), and before obtaining the consumer's consent to the supply of that service.

       (3)          For paragraphs (2)(c) and (d), a consumer must have expressly consented to the provision of an interim service or agreed on an alternative arrangement and not as part of a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

  12  Who must supply a legacy service to a consumer

       For subsection 11(1):

           (a)          where the NBN CSP is also the legacy CSP, the NBN CSP must reconnect, or arrange for the reconnection of, a legacy service to the consumer's premises; or

           (b)          where:

              (i)            the NBN CSP is not the legacy CSP; and

              (ii)         the legacy CSP has disconnected the consumer's legacy service in contravention of subparagraph 7(2)(b)(ii) –

           the legacy CSP must, upon request by the consumer, reconnect, or arrange for the reconnection of, a legacy service to the consumer's premises, unless the legacy CSP had disconnected the consumer's legacy service for a valid reason.

  13  Conditions for the supply of a legacy service by a CSP

       Where the requirement to supply a legacy service under subsection 11(1) applies:

           (a)          the amount payable by the consumer to a carriage service provider mentioned in paragraph 12(a) or (b), as applicable, for the supply of the legacy service to a consumer, must not exceed the amount that would have applied under the consumer's contract for supply of the legacy service that was disconnected (the initial legacy service) for the same period had that service not been disconnected;

           (b)          the non-price terms for the supply of the legacy service must be substantially similar to the terms that would have applied in relation to the supply of the initial legacy service had that service not been disconnected; and