11Nature of mandatory code of practice

11 Nature of mandatory code of practice

11 Nature of mandatory code of practice

(1) The Minister may make a code of practice for the purpose of ensuring that outworkers in the clothing trades receive their lawful entitlements.

(2) In particular, the Minister may make a code of practice if the Minister considers:

(a) that current voluntary self-regulatory mechanisms are inadequate to achieve improvements in the level of compliance with obligations to ensure outworkers receive their lawful entitlements, or

(b) that persons engaged in the clothing industry are not in good faith attempting to negotiate improvements or extensions to those voluntary self-regulatory mechanisms.

(3) The code may require employers or other persons engaged in the clothing industry, or a sector of the clothing industry, specified or described in the code to adopt the standards of conduct and practice with respect to outworkers in the clothing trades set out in the code.

(4) The code of practice may refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the code, as in force at a particular time or from time to time.