11Requirement to supply a legacy service to a consumer’s premises

11 Requirement to supply a legacy service to a consumer’s premises

(1) A legacy service must be supplied to a consumer’s premises where:

(a) the migration at the consumer’s premises has been unsuccessful, and is unlikely to be successful within three working days of the NBN CSP becoming aware of the unsuccessful migration;

(b) the migration at the consumer’s premises has been successful, but an operational NBN service has not been supplied to that consumer and cannot be supplied to that consumer within three working days of the NBN CSP becoming aware that the consumer’s NBN service is not operational; or

(c) the following circumstances exist:

(i) the migration at the consumer’s premises has not been attempted and is not likely to be attempted within three working days; and

(ii) the consumer’s legacy service has been disconnected by the legacy CSP in circumstances other than those set out in subsection 7(3),

unless an exception in subsection (2) applies.

Exceptions to the requirement to supply a legacy service

(2) The requirement to supply a legacy service does not apply where:
(a) the NBN CSP has sought the consumer’s consent to supply the legacy service and the consumer does not consent to the supply of the legacy service;
(b) the NBN CSP is supplying an NBN backup service to the consumer;
(c) the consumer has consented to the supply of an interim service by the NBN CSP; or
(d) the consumer and the NBN CSP have agreed on an alternative arrangement, which may include the offer of compensation.

Note: Under subsection 14(1), the NBN CSP must notify the consumer of specified matters as soon as possible after becoming aware of a matter in paragraph 11(1)(a), (b) or (c), and before obtaining the consumer’s consent to the supply of that service. (3) For paragraphs (2)(c) and (d), a consumer must have expressly consented to the provision of an interim service or agreed on an alternative arrangement and not as part of a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.