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Undertaking not to overcharge or charge for services not supplied
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127. The Principal Act is amended by the substitution of the following section for section 45:
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“45.(1) A person shall not impose, or purport to impose, a charge for supplying an electronic communications service or electronic communications product to an end-user that exceeds the amount for that service or product specified—
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(a) in the undertaking’s published tariff of charges, or
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(b) in a written statement previously made or given to the end-user by the undertaking in relation to that supply.
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(2) A person shall not impose, or purport to impose, a charge for an electronic communications service or electronic communications product that was—
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(a) supplied to an end-user but not requested by him or her,
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(b) requested by an end-user but not supplied to him or her, or
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(c) neither supplied to, nor requested by, a person.
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(3) A person that contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine.
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(4) In carrying out an investigation to ascertain whether a person may be contravening or may have contravened subsection (1) or (2), the Commission may conduct an audit of the undertaking’s billing system.
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(5) In this section, ‘tariff of charges’, in relation to a person, includes any list setting out the prices charged by the undertaking for providing electronic communications services or electronic communications products to end-users.”.
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