18AIndustry codes developed by designated service providers

#### 18A Industry codes developed by designated service providers (1) For the purposes of paragraph (b) of the definition of industry code in section 116AB of the Act, an industry code, or a variation of an industry code, developed by a class of designated service providers must be developed in accordance with this section. Requirement for broad consensus (2) An industry code, or a variation of an industry code, must be developed through an open voluntary process by a broad consensus of: (a) either or both of the following: (i) owners of copyright or a class of owners of copyright; (ii) exclusive licensees of copyright or a class of exclusive licensees of copyright; and (b) the class of designated service providers to which the code, or the code as varied, is to apply. Content of industry code (3) An industry code may contain either or both of the following: (a) a provision relating to accommodating and not interfering with standard technical measures; (b) a provision relating to: (i) updating copyright material that is cached; and (ii) not interfering with technology used at the originating site to obtain information about the use of the copyright material. (4) If an industry code contains a provision of a kind mentioned in paragraph (3)(a), the industry code must contain a provision to the effect that standard technical measures are technical measures that: (a) are used to protect and identify copyright material; and (b) are accepted under the code or developed in accordance with a process set out in the code; and (c) are available on non‑discriminatory terms; and (d) do not impose substantial costs on the designated service providers or substantial burdens on their systems or networks. (5) An industry code must contain all of the following: (a) a provision specifying the class of designated service providers to which the code applies; (b) a provision setting out when the code takes effect and the circumstances in which the code will cease to have effect; (c) a provision requiring that the code be published on the website of a person or body representing that class of designated service providers when the code takes effect; (d) a provision requiring that, if the code is varied, the varied code be published on the website of a person or body representing that class of designated service providers when the variation takes effect. Consultation requirement (6) Before an industry code, or a variation of an industry code, takes effect, a person or body representing that class of designated service providers must: (a) publish a draft of the code, or a draft of the code as proposed to be varied, on the website of the person or body; and (b) invite submissions about the draft code, or proposed variation, within a specified period (which must be at least 30 days after the draft is published); and (c) consider any submissions received within that period. (7) Subsection (6) does not apply in relation to a variation of an industry code if the variation is of a minor nature.