Document ID: chunk:federal_register_of_legislation:C2024C00742:section:123
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 123
Character Range: 243323–245001

123  ACMA may determine an industry standard if a request for an industry code is not complied with
 (1) This section applies if:
 (a) the ACMA has made a request under subsection 118(1) in relation to the development of a code that is to:
 (i) apply to participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and
 (ii) deal with one or more matters relating to the telecommunications activities, telemarketing activities or fax marketing activities, as the case may be, of those participants; and
 (b) any of the following conditions is satisfied:
 (i) the request is not complied with;
 (ii) if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;
 (iii) the request is complied with, but the ACMA subsequently refuses to register the code; and
 (c) the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:
 (i) provide appropriate community safeguards in relation to that matter or those matters; or
 (ii) otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.
 (2) 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 subsection is to be known as an industry standard.
 (3) Before determining an industry standard under this section, the ACMA must consult the body or association to whom the request mentioned in paragraph (1)(a) was made.