Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 263

(1) This section applies if a carriage service provider is bound by a scheme
formulated under this Part.

(2) If:

   (a)  the ACA; or

   (b)  a standard residential customer of the provider; thinks that the
        provider has:

   (c)  failed to discharge a liability of the provider under the scheme; or

   (d)  otherwise breached the scheme; the ACA or the customer may apply to
        the Federal Court for an order under subsection (3).

(3) If the Federal Court is satisfied that the provider has:

   (a)  failed to discharge a liability of the provider under the scheme; or

   (b)  otherwise breached the scheme; the Court may make all or any of the
        following orders:

   (c)  an order directing the provider to discharge a liability under the
        scheme;

   (d)  an order directing the provider to comply with the scheme;

   (e)  an order directing the provider to compensate any person who has
        suffered loss or damage as a result of the breach;

   (f)  any other order that the Court thinks appropriate.

(4) The Federal Court may discharge or vary an order granted under this
section.

(5) This section does not, by implication, limit other remedies.

(6) A reference in this section to a carriage service provider includes a
reference to:

   (a)  in a case where the provider is an individual or a partnership- the
        provider's trustee in bankruptcy; or

   (b)  in a case where the provider is a body corporate or a partnership-each
        of the following:

        (i)    a receiver, receiver and manager, or other controller, of
               property of the body or partnership;

        (ii)   an administrator of the body or partnership;

        (iii)  an administrator of a deed of arrangement entered into by the
               body or partnership;

        (iv)   a liquidator or provisional liquidator of the body or
               partnership;

        (v)    a trustee or other person administering a compromise or
               arrangement made between the body or partnership and any other
               person or persons.