Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_94:p1
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 94 (pt 1/2)
Character Range: 143220–145892

94  ACMA may determine industry standards—partial failure of industry codes

 (1) This clause applies if:
 (a) an industry code that:
 (i) applies to participants in a particular section of the content industry; and
 (ii) deals with 2 or more matters relating to the content activities of those participants;
  has been registered under this Part for at least 180 days; and
 (b) clause 93 does not apply to the code; and
 (c) the ACMA is satisfied that the code is deficient (as defined by subclause (6)) to the extent to which the code deals with one or more of those matters (the deficient matter or deficient matters); and
 (d) the ACMA 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; and
 (e) that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to participants in that section of the industry and deals with the deficient matter or deficient matters.

 (2) The period specified in a notice under paragraph (1)(d) must run for at least 30 days.

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

 (4) If the ACMA is satisfied that a body or association represents that section of the industry, the ACMA must consult the body or association before determining an industry standard under subclause (3).

 (5) On and after the day on which the industry standard comes into force, the industry code has no effect to the extent to which it deals with the deficient matter or deficient matters. However, this subclause does not affect:
 (a) the continuing registration of the remainder of the industry code; or
 (b) any investigation, proceeding or remedy in respect of a contravention of the industry code or clause 89 that occurred before that day.

 (6) For the purposes of this clause, an industry code that applies to participants in a particular section of the content industry and deals with 2 or more matters relating to the content activities of those participants is deficient to the extent to which it deals with a particular one of those matters if, and only if:
 (a) the code is not operating to provide appropriate community safeguards in relation to that matter; or
 (b) the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter.

 (7) The Minister may, by legislative instrument, give the ACMA