116Damages for breach of performance standards

#### 116 Damages for breach of performance standards (1) If: (a) a carriage service provider contravenes a standard in force under section 115; and (b) the contravention relates to a particular customer; the carriage service provider is liable to pay damages to the customer for the contravention. (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; the amount of damages payable for the contravention is to be reduced (but not below zero) by the amount of the credit or payment. (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. (6) An action under this section must be instituted within 2 years after: (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. (7) If the customer dies, a reference in this section to the customer includes a reference to the legal personal representative of the customer.