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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 118
Remedial directions--compliance with performance standards
(1) This section applies if a carriage service provider is subject to a
standard in force under section 115.
(2) The ACA may give the provider a written direction:
(a) requiring the
provider to take specified action directed towards ensuring that the provider
does not contravene, or is unlikely to contravene, the standard; or
(b) requiring the provider to take such action as will ensure that the
extent of the provider's compliance with the standard reaches or
exceeds a specified goal or target.
Note: Under section 124, the
Minister may give the ACA directions in relation to the exercise of
its powers under this Part.
(3) The following are examples of the kinds of direction that may be given to
a carriage service provider under subsection (2):
(a) a direction that the
provider implement effective administrative systems for monitoring compliance
with a standard in force under section 115;
(b) a direction that the provider take such action as is necessary to
ensure that the extent of the provider's compliance with a standard in
force under section 115, in so far as that standard relates to the
keeping of appointments to meet customers in rural areas, reaches or
exceeds a specified goal or target.
(4) Before giving a direction under subsection (2), the ACA must consult the
Telecommunications Industry Ombudsman. However, this rule does not apply if
the Minister, under section 124, required the ACA to give the direction.
(5) A carriage service provider must not contravene a direction under
subsection (2).
(6) A direction under subsection (2) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901 .
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