Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p17
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 17/22)
Character Range: 50660–53440

Review

       (16) If a decision under subsection (14) is to affirm the original decision, the carriage service provider may apply to the Administrative Appeals Tribunal for review of that decision.

Part 4—Damages
Note   Section 117 of the Act provides that ACMA may specify a scale of damages for contravention of standards under section 115 of the Act.

32 Categories of contraventions and damages
  The categories of contravention of performance standards, and the damages payable for each category of contravention, are set out in Part 2 of Schedule 2.

Part 5—Waiver of protection and rights by customers
Note   Subsection 120(1) of the Act provides that the ACMA may, by written instrument, make provision for customers of carriage service providers to waive, in whole or in part, their protection and rights under Part 5 of the Act in relation to a particular carriage service supplied, or proposed to be supplied, by the carriage service provider concerned.

33 Application
  This Part does not apply in relation to a particular standard telephone service supplied, or proposed to be supplied, by the carriage service provider concerned if the service is supplied, or proposed to be supplied, in fulfilment of the universal service obligation.
Note   Subsection 120(7) of the Act provides that a customer is not entitled to waive, in whole or in part, the customer's protection and rights under Part 5 of the Act in relation to a particular standard telephone service supplied, or proposed to be supplied, by the carriage service provider concerned if the service is supplied, or proposed to be supplied, in fulfilment of the universal service obligation.

34 Waivers
 (1) Subject to section 33, a customer is entitled to waive, in whole or in part, their protection and rights under Part 5 of the Act in relation to a particular carriage service supplied, or proposed to be supplied, by a carriage service provider to the customer.
 (2) For subsection 120(4) of the Act,  two forms of waiver are specified:
 (a) waivers in writing;
 (b) oral waivers.

Waivers in writing
 (3) For paragraph (2)(a), a customer may waive their protection and rights under Part 5 of the Act in writing, if:
 (a) immediately before the time at which the customer consents to waiving their protection and rights, the carriage service provider gives the customer the information specified in subsection (5) in writing;
 (b) the writing has a prominent title containing the word 'waiver';
 (c) the carriage service provider records the customer's written 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