Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_28:p1
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 28 (pt 1/3)
Character Range: 143815–146728

28  Development of codes of practice

 (1) The Parliament intends that:
 (a) a group that the ABA is satisfied represents datacasting licensees should develop codes of practice that are to be applicable to the datacasting operations of datacasting licensees; and
 (b) those codes of practice should be developed:
 (i) in consultation with the ABA; and
 (ii) taking account of any relevant research conducted by the ABA.

Content of codes of practice

 (2) Codes of practice may relate to:
 (a) preventing the transmission of matter that, in accordance with community standards, is not suitable to be transmitted by datacasting licensees; and
 (b) methods of ensuring that the protection of children from exposure to datacasting content which may be harmful to them is a high priority; and
 (c) methods of classifying datacasting content that reflect community standards; and
 (d) promoting accuracy and fairness in datacasting content that consists of news or current affairs; and
 (e) preventing the transmission of datacasting content that:
 (i) simulates news or events in a way that misleads or alarms end‑users; or
 (ii) depicts the actual process of putting a person into a hypnotic state; or
 (iii) is designed to induce a hypnotic state in end‑users; or
 (iv) uses or involves the process known as subliminal perception or any other technique that attempts to convey information to end‑users by transmitting messages below or near the threshold of normal awareness; and
 (f) datacasting content that consists of:
 (i) advertising; or
 (ii) sponsorship announcements; and
 (g) methods of:
 (i) handling complaints from the public about datacasting content or compliance with codes of practice; and
 (ii) reporting to the ABA on complaints so made; and
 (h) in a case where there are customers of datacasting licensees—dealings with those customers, including methods of billing, fault repair, privacy and credit management; and
 (i) such other matters relating to datacasting content as are of concern to the community.

Classification etc.

 (3) In developing codes of practice relating to matters referred to in paragraphs (2)(a) and (c), community attitudes to the following matters are to be taken into account:
 (a) the portrayal in datacasting content of physical and psychological violence;
 (b) the portrayal in datacasting content of sexual conduct and nudity;
 (c) the use in datacasting content of offensive language;
 (d) the portrayal in datacasting content of the use of drugs, including alcohol and tobacco;
 (e) the portrayal in datacasting content of matter that is likely to incite or perpetuate hatred against, or vilifies, any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, age, religion or physical or mental disability;
 (f) such other matters relating to datacasting content as are of concern to the community.

 (4) In developing codes of