Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_92
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 92
Character Range: 139558–141001

92  ACMA may determine industry standard where no industry body or association formed

 (1) This clause applies if:
 (a) the ACMA is satisfied that a particular section of the content industry is not represented by a body or association; and
 (b) the ACMA has published a notice under subclause 87(1); and
 (c) that notice:
 (i) states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subclause 86(1); and
 (ii) sets out one or more matters relating to the content activities of participants in that section of the industry; and
 (d) no such body or association comes into existence within that period; and
 (e) the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:
 (i) provide appropriate community safeguards in relation to that matter or those matters; or
 (ii) otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

 (2) The ACMA may, by legislative instrument, determine a standard that applies to participants in that section of the industry and deals with that matter or those matters. A standard under this subclause is to be known as an industry standard.

 (3) The Minister may, by legislative instrument, give the ACMA a written direction as to the exercise of its powers under this clause.