Document ID: chunk:federal_register_of_legislation:C2014A00003:clause:1_25
Version: federal_register_of_legislation:C2014A00003
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 15395–16566

25  After subsection 136B(2)
Insert:

Variation of code
 (2A) If a body or association makes an application under subsection 136A(1) for a declaration in relation to the variation of a code, the ACMA must make the declaration if it is satisfied that:
 (a) the body or association represents the section of the telecommunications industry referred to in paragraph 136A(1)(a); and
 (b) the code is registered under this Part; and
 (c) the code deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and
 (d) the process for varying the code, as outlined in the application, is likely to ensure that the interests of those retail customers are adequately represented in relation to the variation of the code; and
 (e) the total of the refundable costs likely to be incurred by the body or association in varying the code, as set out in the estimate that accompanied the application, is reasonable.
 (2B) If the ACMA is not satisfied as to the matters set out in subsection (2A), the ACMA must, by written notice given to the applicant, refuse to make the declaration.

General provisions