Commonwealth Numbered Acts

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 116

(a) a carriage service provider contravenes a standard in force under section 115; and

(b) the contravention relates to a particular customer;

(2) The amount of damages payable for a particular contravention is equal to the relevant amount specified in the scale in force under section 117.

(3) However, if:

(a) the carriage service provider:

(i) credits an amount to an account that the customer has with the provider; or

(ii) pays an amount to the customer; and

(b) the credit or payment was made as a result of a right or remedy that:

(i) was available to the customer otherwise than under this Division; and

(ii) arose out of the same event or transaction as the contravention;

(4) The customer may recover the amount of the damages by action against the carriage service provider in a court of competent jurisdiction.

(5) The liability of the carriage service provider under this section may be discharged:

(a) by giving the customer a credit in an account the customer has with the carriage service provider; or

(b) in any other manner agreed between the carriage service provider and the customer.

(a) in the case of a contravention that continued throughout a period--the time when the contravention began; or

(b) in any other case--the time when the contravention occurred.