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TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 255

255 Protected payments

(1) The ACA may make a written determination that a specified payment made, or
liable to be made, to a carriage service provider by a standard residential
customer of that provider is a protected payment for the purposes of this
Part. The determination has effect accordingly. Note: Payments may be
specified by name, by inclusion in a particular class or in any other way.

(2) The payment must be received, or proposed to be received, by the provider
directly or indirectly in connection with its business as a carriage service
provider.

(3) The following are examples of payments that may be specified in the
determination:

   (a)  payments for line rental;

   (b)  payments for equipment rental;

   (c)  payments by way of connection fees;

   (d)  a pre-payment for a standard carriage service.

(4) For each protected payment, the determination must specify, or specify a
means of ascertaining, a period for the purposes of this subsection. That
period is called the minimum service period for the payment.

(5) The minimum service period for a protected payment:

   (a)  must begin when the payment is made; and

   (b)  must not run for longer than 2 years.

(6) A determination under this section is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901. 


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