118Remedial directions—compliance with performance standards

#### 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 or 117D. (2) The ACMA 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 ACMA 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 or 117D; (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 ACMA must consult the Telecommunications Industry Ombudsman. However, this rule does not apply if the Minister, under section 124, required the ACMA 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 legislative instrument.