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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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