Commonwealth Numbered Acts

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TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 260

260 Protection schemes for protected payments-holding of payments in trust accounts

(1) The ACA may, by written instrument, formulate a scheme that:

   (a)  makes a carriage service provider that is bound by the scheme liable,
        in the event that:

        (i)    a residential customer of the provider makes a protected
               payment to the provider; and

        (ii)   at any time during the minimum service period for that payment,
               the provider fails to supply standard carriage services to the
               customer; to reimburse the payment on a pro-rata basis in
               proportion to that part or parts of the period during which the
               provider fails to supply the services to the customer; and

   (b)  requires the provider to hold protected payments it receives in trust
        accounts; and

   (c)  prohibits the provider from transferring any or all of the money in
        such an account to its beneficial ownership except in accordance with
        the draw-down rules set out in the scheme.

(2) An instrument under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901. 


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