Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_86
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 86
Character Range: 134257–135785

86  ACMA may request codes

 (1) If the ACMA is satisfied that a body or association represents a particular section of the content industry, the ACMA may, by written notice given to the body or association, request the body or association to:
 (a) develop an industry code that applies to participants in that section of the industry and deals with one or more specified matters relating to the content activities of those participants; and
 (b) give the ACMA a copy of the code within the period specified in the notice.

 (2) The period specified in a notice under subclause (1) must run for at least 120 days.

 (3) The ACMA must not make a request under subclause (1) in relation to a particular section of the content industry unless the ACMA is satisfied that:
 (a) the development of the code is necessary or convenient in order to:
 (i) provide appropriate community safeguards; or
 (ii) otherwise deal with the performance or conduct of participants in that section of the industry; and
 (b) in the absence of the request, it is unlikely that an industry code would be developed within a reasonable period.

 (4) The ACMA may vary a notice under subclause (1) by extending the period specified in the notice.

 (5) Subclause (4) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901.

 (6) A notice under subclause (1) may specify indicative targets for achieving progress in the development of the code (for example, a target of 60 days to develop a preliminary draft of the code).