46ACMA may determine industry standard—total failure of industry code

#### 46 ACMA may determine industry standard—total failure of industry code (1) This section applies if: (a) an industry code that: (i) applies to internet service providers; and (ii) deals exclusively with the designated internet gambling matters; has been registered under this Part for at least 180 days; and (b) the ACMA is satisfied that the code is totally deficient (as defined by subsection (7)); and (c) 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 (d) that period ends and the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard that applies to internet service providers and deals exclusively with the designated internet gambling matters. (2) The period specified in a notice under paragraph (1)(c) must run for at least 30 days. (3) The ACMA may, by legislative instrument, determine a standard that applies to internet service providers and deals exclusively with the designated internet gambling matters. A standard under this subsection is to be known as an industry standard. (4) If the ACMA is satisfied that a body or association represents internet service providers, the ACMA must consult the body or association before determining an industry standard under subsection (3). (6) The industry code ceases to be registered under this Part on the day on which the industry standard comes into force. (7) For the purposes of this section, an industry code that applies to internet service providers and deals exclusively with the designated internet gambling matters is totally deficient if, and only if, the code is not operating to provide appropriate community safeguards in relation to the designated internet gambling matters. (8) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.