Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS ACT 1997 - SECT 479

Standard terms and conditions apply unless excluded

  (1)   This section applies to the supply to an ordinary person by a carriage service provider of:

  (a)   a standard telephone service; or

  (b)   a carriage service of a kind specified in the regulations; or

  (c)   ancillary goods of a kind specified in the regulations; or

  (d)   an ancillary service of a kind specified in the regulations.

  (2)   The terms and conditions on which the goods or services are supplied are:

  (a)   so far as the provider and the person agree on the terms and conditions on which the goods or services are supplied--the agreed terms and conditions; and

  (b)   if the provider and the person do not agree on terms and conditions, but terms and conditions are set out in a standard form of agreement that:

  (i)   is formulated by the provider for the purpose of this section; and

  (ii)   relates to the goods or services; and

  (iii)   is in force at the time of the supply;

    the terms and conditions so set out, so far as they are applicable to the supply of the goods or services.

  (3)   Subsection   (2) has effect subject to any express provision of this Act or any other Act.

  (4)   In this section:

"ancillary goods" means goods for use in connection with a carriage service.

"ancillary service" means a service for use in connection with a carriage service.

"ordinary person" means a person other than a carrier or a carriage service provider.

"terms and conditions" , in relation to the supply of goods or services, includes:

  (a)   charges for the supply of the goods or services; and

  (b)   any discounts, allowances, rebates or credits given or allowed in relation to the supply of the goods or services; and

  (c)   any commissions or similar benefits (whether monetary or otherwise) payable or given in relation to the supply of the goods or services; and

  (d)   the supply of other goods or services, where the other goods or services are supplied in connection with the first - mentioned goods or services; and

  (e)   the making of payments for such other goods or services.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback