Document ID: chunk:federal_register_of_legislation:C2004A01215:clause:1_18
Version: federal_register_of_legislation:C2004A01215
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 9666–10806

18  After subsection 112(3)
Insert:

 (3A) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in the section of the telecommunications industry that consists of electronic messaging service providers, the ACA must have regard to:
 (a) the number of end‑users who would be likely to benefit from the code or standard concerned; and
 (b) the extent to which those end‑users are residential or small business end‑users; and
 (c) the legitimate business interests of electronic messaging service providers.

 (3B) In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the e‑marketing industry, the ACA must have regard to:
 (a) the number of persons who would be likely to benefit from the code or standard concerned; and
 (b) the extent to which those persons are householders or small business operators; and
 (c) the legitimate business interests of participants in sections of the e‑marketing industry.