119AVariation of industry codes

#### 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 that the ACCC has been consulted about the development of the draft variation; and (h) except in a case where: (i) the code (as proposed to be varied) applies to participants in a section of the telemarketing industry and deals with one or more matters relating to the telemarketing activities of those participants; or (ii) the code (as proposed to be varied) applies to participants in a section of the fax marketing industry and deals with one or more matters relating to the fax marketing activities of those participants; the ACMA is satisfied that the Telecommunications Industry Ombudsman has been consulted about the development of the draft variation; and (i) the ACMA is satisfied that at least one body or association that represents the interests of consumers has been consulted about the development of the draft variation; and (j) in a case where the draft variation deals with a matter set out in paragraph 113(3)(f)—the ACMA is satisfied that the Information Commissioner has been consulted by the body or association about the development of the draft variation before the body or association gave the copy of the draft variation to the ACMA; and (k) the ACMA has consulted the Information Commissioner about the draft variation and consequently believes that he or she is satisfied with the draft variation, if the draft variation deals directly or indirectly with a matter dealt with by: (i) the Australian Privacy Principles; or (ii) other provisions of that Act that relate to those Principles; or (iii) an approved privacy code (as defined in that Act) that binds a participant in that section of the telecommunications industry, the telemarketing industry or the fax marketing industry; or (iv) provisions of that Act that relate to the approved privacy code. Approval of variation (2) The ACMA must, by written notice given to the body or association, approve the draft variation. (3) If the ACMA approves the draft variation, the code is varied accordingly. Period for making submissions (4) A period specified under subparagraph (1)(e)(i) or (1)(f)(i) must run for at least 30 days.