Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_93
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 93
Character Range: 141001–143220

93  ACMA may determine industry standards—total failure of industry codes

 (1) This clause applies if:
 (a) an industry code that:
 (i) applies to participants in a particular section of the content industry; and
 (ii) deals with one or more matters relating to the content activities of those participants;
  has been registered under this Part for at least 180 days; and
 (b) the ACMA is satisfied that the code is totally deficient (as defined by subclause (6)); and
 (c) the ACMA has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period; and
 (d) that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with that matter or those matters.

 (2) The period specified in a notice under paragraph (1)(c) must run for at least 30 days.

 (3) The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subclause is to be known as an industry standard.

 (4) If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subclause (3).

 (5) The industry code ceases to be registered under this Part on the day on which the industry standard comes into force.

 (6) For the purposes of this clause, an industry code that applies to participants in a particular section of the content industry and deals with one or more matters relating to the content activities of those participants is totally deficient if, and only if:
 (a) the code is not operating to provide appropriate community safeguards in relation to that matter or those matters; or
 (b) the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter or those matters.

 (7) The Minister may, by legislative instrument, give the ACMA a written direction as to the exercise of its powers under this clause.