Document ID: chunk:federal_register_of_legislation:C2024C00742:section:119a:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 119A (pt 1/2)
Character Range: 230621–233361

119A  Variation of industry codes

Scope
 (1) This section applies if:
 (a) an industry code is registered under this Part; and
 (b) the code:
 (i) applies to participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and
 (ii) 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 that developed the code gives a draft variation of the code to the ACMA; and
 (d) disregarding any provisions of the code that are not affected (whether directly or indirectly) by the variation, the ACMA is satisfied that:
 (i) in a case where the code (as proposed to be varied) deals with matters of substantial relevance to the community—the code (as proposed to be varied) provides appropriate community safeguards for the matters covered by the code (as proposed to be varied); or
 (ii) in a case where the code (as proposed to be varied) does not deal with matters of substantial relevance to the community—the code (as proposed to be varied) deals with the matters covered by the code (as proposed to be varied) in an appropriate manner; and
 (e) except in a case where the draft variation is of a minor nature—the ACMA is satisfied that, before giving the copy of the draft variation to the ACMA:
 (i) the body or association published the draft variation on its website and invited participants in that section of the industry to make submissions to the body or association about the draft variation 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) except in a case where the draft variation is of a minor nature—the ACMA is satisfied that, before giving the copy of the draft variation to the ACMA:
 (i) the body or association published the draft variation on its website and invited members of the public to make submissions to the body or association about the draft variation 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