Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2a_130n
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2A cl 130N
Character Range: 114260–115797

130N  ACMA may request codes

 (1) If the ACMA is satisfied that a body or association represents a particular section of the 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 industry 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 subsection (1) must run for at least 120 days.

 (3) The ACMA must not make a request under subsection (1) in relation to a particular section of the 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 subsection (1) by extending the period specified in the notice.

 (5) Subsection (4) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901.

 (6) A notice under subsection (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).