Telecommunications Act 1997

If:

a statutory infrastructure provider contravenes a designated compensable standard; and

the standard is determined under subsection 360U(1); and

the contravention relates to a particular customer;

If:

a statutory infrastructure provider contravenes a designated compensable rule; and

the rule is made under subsection 360V(1); and

the contravention relates to a particular customer;

The amount of damages payable under subsection (1) or (2) for a particular contravention is ascertained in accordance with the compensation rules.

However, if:

the statutory infrastructure provider:

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

pays an amount to the customer; and

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

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

arose out of the same event or transaction as the contravention;

The customer may recover the amount of the damages by action against the statutory infrastructure provider in a court of competent jurisdiction.

The liability of the statutory infrastructure provider under this section may be discharged:

by giving the customer a credit in an account the customer has with the statutory infrastructure provider; or

in any other manner agreed between the statutory infrastructure provider and the customer.

An action under this section must be instituted within 2 years after:

in the case of a contravention that continued throughout a period—the time when the contravention began; or

in any other case—the time when the contravention occurred.

If the customer is an individual and the customer dies, a reference in this section to the customer includes a reference to the legal personal representative of the customer.