47ACMA may determine industry standard—partial failure of industry code

#### 47 ACMA may determine industry standard—partial 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; and has been registered under this Part for at least 180 days; and (b) section 46 does not apply to the code; and (c) the ACMA is satisfied that the code is deficient (as defined by subsection (7)) to the extent to which the code deals with one of the designated internet gambling matters (the deficient matter); 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 internet service providers and deals with the deficient matter. (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 with the deficient matter. 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) 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. However, this subsection 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 section 42 that occurred before that day. (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 deficient to the extent to which it deals with a particular one of the designated internet gambling matters if, and only if, the code is not operating to provide appropriate community safeguards in relation to that matter. (8) The Minister may give the ACMA a written direction as to the exercise of its powers under this section.