Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2a_130r
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2A cl 130R
Character Range: 116963–118595

130R  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 130N(1) in relation to the development of a code that is to:
 (i) apply to participants in a particular section of the industry; and
 (ii) deal with one or more matters relating to the industry activities 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.

 (4) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.