29GConsent to customer contact

29G Consent to customer contact

Scope (1) This section applies to a carriage service provider if: (a) TUSMA believes on reasonable grounds that, if the carriage service provider were to consent to another person (the third person) contacting: (i) the carriage service provider’s customers; or (ii) customers included in a particular class of the carriage service provider’s customers; for a purpose relating to the achievement of the voice customer migration policy objective, that consent would be likely to facilitate the achievement of the voice customer migration policy objective; and (b) the carriage service provider is not a contractor in relation to a section 13 contract entered into for a purpose relating to the achievement of the voice customer migration policy objective; and (c) the carriage service provider is not a grant recipient in relation to a section 13 grant made for a purpose relating to the achievement of the voice customer migration policy objective. Requirement (2) TUSMA may, by written notice given to the carriage service provider, require the carriage service provider: (a) to consent to the third person contacting: (i) if subparagraph (1)(a)(i) applies—the carriage service provider’s customers; or (ii) if subparagraph (1)(a)(ii) applies—customers included in a specified class of the carriage service provider’s customers; for a purpose relating to the achievement of the voice customer migration policy objective; and (b) to do so within the period and in the manner specified in the notice. (3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given. Compliance (4) A carriage service provider must comply with a requirement under subsection (2). (5) A carriage service provider commits an offence if: (a) TUSMA has given a notice to the carriage service provider under subsection (2); and (b) the carriage service provider engages in conduct; and (c) the carriage service provider’s conduct contravenes a requirement in the notice.

Penalty for contravention of this subsection: 50 penalty units.