Document ID: chunk:federal_register_of_legislation:C2024C00742:section:119a:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 119A (pt 2/2)
Character Range: 233112–235487

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 draft variation; and
 (h) except in a case where:
 (i) the code (as proposed to be varied) 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 (as proposed to be varied) applies to participants in a section of the fax marketing industry and deals with one or more matters relating to the fax marketing activities of those participants;
  the ACMA is satisfied that the Telecommunications Industry Ombudsman has been consulted about the development of the draft variation; and
 (i) the ACMA is satisfied that at least one body or association that represents the interests of consumers has been consulted about the development of the draft variation; and
 (j) in a case where the draft variation deals with a matter set out in paragraph 113(3)(f)—the ACMA is satisfied that the Information Commissioner has been consulted by the body or association about the development of the draft variation before the body or association gave the copy of the draft variation to the ACMA; and
 (k) the ACMA has consulted the Information Commissioner about the draft variation and consequently believes that he or she is satisfied with the draft variation, if the draft variation deals directly or indirectly with a matter dealt with by:
 (i) the Australian Privacy Principles; or
 (ii) other provisions of that Act that relate to those Principles; or
 (iii) an approved privacy code (as defined in that Act) that binds a participant in that section of the telecommunications industry, the telemarketing industry or the fax marketing industry; or
 (iv) provisions of that Act that relate to the approved privacy code.

Approval of variation
 (2) The ACMA must, by written notice given to the body or association, approve the draft variation.
 (3) If the ACMA approves the draft variation, the code is varied accordingly.

Period for making submissions
 (4) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.