125ACMA may determine industry standards where industry codes fail

#### 125 ACMA may determine industry standards where industry codes fail (1) This section applies if: (a) an industry code that: (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; has been registered under this Part for at least 180 days; and (b) the ACMA is satisfied that the code is 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 participants in that section of the industry and deals with that matter or those 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 participants in that section of the industry and deals with that matter or those 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 that section of the industry, 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 participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry and 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 is deficient if, and only if: (a) the code is not operating to provide appropriate community safeguards in relation to that matter or those matters; or (b) the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter or those matters.