Telecommunications (Waiver of Customer Service Guarantee) 1997 | ACMA

Telecommunications (Waiver of Customer Service Guarantee) 1997

THE AUSTRALIAN COMMUNICATIONS AUTHORITY, makes the following Instrument under subsection 238(1) of the Telecommunications Act 1997.

Dated 11 November 1997

Chairman
Deputy Chairman

Australian Communications Authority


Citation

1. This Instrument may be cited as Telecommunications (Waiver of Customer Service Guarantee) Instrument 1997.
[Note: This Instrument commences on gazettal: see Telecommunications Act 1997 s. 238(4) and Acts Interpretation Act 1901 s. 48 as applied by s. 46A.]

Definitions

2. Expressions used in this Instrument have the same meanings as in the Telecommunications (Customer Service Guarantee) Direction No.1 of 1997.

Note: DEFINITIONS

A number of the expressions used in this Instrument are defined in the Telecommunications Act 1997, including:

  • carriage service provider

The following expressions used in this Instrument are defined in the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1997:

  • Act
  • customer

Customers may waive Customer Service Guarantee

3. A customer of a carriage service provider may waive, in whole or in part, his or her protection and rights under Part 9 of the Act in relation to the carriage services supplied or proposed to be supplied by the carriage service provider if:

  1. the waiver is in writing and signed and dated by the customer and
  2. the waiver is part of a document which includes the following in letters of at least 12 point:
    1. advice to the customer of the effect of completing the waiver and
    2. a statement that the customer is under no obligation to complete the waiver and
    3. a statement that if the customer does not understand the waiver, that he or she should contact the Australian Communications Authority or seek other independent advice and
  3. the waiver clearly identifies:
    1. the carriage service provider and
    2. the extent of the waiver and
    3. the particular carriage service covered by the waiver and
  4. the customer who completed the waiver:
    1. understood the effect of the waiver and
    2. completed the waiver freely and voluntarily.

Last updated: 24 May 2016