Document ID: chunk:federal_register_of_legislation:C2024C00742:section:117:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 117 (pt 1/2)
Character Range: 221337–224051

117  Registration of industry codes
 (1) This section applies if:
 (a) the ACMA is satisfied that a body or association represents a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and
 (b) that body or association develops an industry code that applies to participants in that section of the industry and deals with one or more matters relating to the telecommunications activities, telemarketing activities or fax marketing activities, as the case may be, of those participants; and
 (c) the body or association gives a copy of the code to the ACMA; and
 (d) the ACMA is satisfied that:
 (i) in a case where the code deals with matters of substantial relevance to the community—the code provides appropriate community safeguards for the matters covered by the code; or
 (ii) in a case where the code does not deal with matters of substantial relevance to the community—the code deals with the matters covered by the code in an appropriate manner; and
 (e) the ACMA is satisfied that, before giving the copy of the code to the ACMA:
 (i) the body or association published a draft of the code on its website, and invited participants in that section of the industry to make submissions to the body or association about the draft within a specified period; and
 (ii) the body or association gave consideration to any submissions that were received from participants in that section of the industry within that period; and
 (iii) the body or association complied with the section 119B publication requirements in relation to any submissions that were received from participants in that section of the industry within that period; and
 (f) the ACMA is satisfied that, before giving the copy of the code to the ACMA:
 (i) the body or association published a draft of the code on its website, and invited members of the public to make submissions to the body or association about the draft within a specified period; and
 (ii) the body or association gave consideration to any submissions that were received from members of the public within that period; and
 (iii) the body or association complied with the section 119B publication requirements in relation to any submissions that were received from members of the public within that period; and
 (g) the ACMA is satisfied that the ACCC has been consulted about the development of the code; and
 (h) except in a case where:
 (i) the code applies to participants in a section of the telemarketing industry and deals with one or more matters relating to the telemarketing activities of those participants; or
 (ii) the code applies to participants in a section of the fax marketing industry and deals with