Document ID: chunk:federal_register_of_legislation:C2024C00852:section:145:p1
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 145 (pt 1/2)
Character Range: 189784–192560

145  Commissioner may determine an industry standard
 (1) The Commissioner may, by legislative instrument, determine a standard that applies to participants in a particular section of the online industry if:
 (a) the Commissioner has made a request under section 141 in relation to the development of an industry code and one or more of the following conditions is satisfied:
 (i) the request is not complied with;
 (ii) if a draft code is developed by the body or association—the draft does not contain appropriate community safeguards to deal with one or more matters specified in the request;
 (iii) 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;
 (iv) the request is complied with, but the Commissioner subsequently refuses to register the code; or
 (b) the Commissioner has published a notice under subsection 141A(1) in relation to a particular section of the online industry that is not represented by a body or association and all of the following conditions are satisfied:
 (i) the notice states that, if such a body or association were to come into existence within a specified period, the Commissioner would be likely to give a notice to that body or association under subsection 141(1);
 (ii) the notice sets out one or more matters relating to the online activities of the participants in that section of the industry that would be specified in a notice under subsection 141(1);
 (iii) no such body or association comes into existence within the period specified in the notice; or
 (c) an industry code that applies to participants in a particular section of an online industry has been registered under section 140 for at least 180 days and all of the following conditions are met:
 (i) the Commissioner is satisfied that the code is deficient;
 (ii) the Commissioner has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period;
 (iii) the period specified under subparagraph (ii) ends and the Commissioner is satisfied that the deficiencies in the code have not been adequately addressed.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (1A) For the purposes of subparagraph (1)(c)(i), an industry code that applies to participants in a particular section of an online industry and deals with one or more matters relating to the online activities of those participants is deficient if:
 (a) the code is not operating to provide appropriate community safeguards in relation to one or more of those matters; or
 (b) the code is not otherwise operating to regulate adequately participants in that section of