Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_31
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 31
Character Range: 150427–151431

31  ABA may determine standards where codes of practice fail or where no code of practice developed

 (1) If:
 (a) the ABA is satisfied that there is convincing evidence that a code of practice registered under clause 28 is not operating to provide appropriate community safeguards for a matter referred to in subclause 28(2) in relation to the datacasting operations of datacasting licensees; and
 (b) the ABA is satisfied that it should determine a standard in relation to that matter;
the ABA must, in writing, determine a standard in relation to that matter.

 (2) If:
 (a) no code of practice has been registered under clause 28 for a matter referred to in subclause 28(2); and
 (b) the ABA is satisfied that it should determine a standard in relation to that matter;
the ABA must, by notice in writing, determine a standard in relation to that matter.

 (3) A standard determined under this clause is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.