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BROADCASTING SERVICES ACT 1992 - SECT 130U

ACMA may determine industry standards--partial failure of industry codes

             (1)  This section applies if:

                     (a)  an industry code that:

                              (i)  applies to participants in a particular section of the industry; and

                             (ii)  deals with 2 or more matters relating to the industry activities of those participants;

                            has been registered under this Part for at least 180 days; and

                     (b)  section 130T does not apply to the code; and

                     (c)  the ACMA is satisfied that the code is deficient (as defined by subsection (6)) to the extent to which the code deals with one or more of those matters (the deficient matter or deficient matters ); 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 participants in that section of the industry and deals with the deficient matter or deficient matters.

             (2)  The period specified in a notice under paragraph (1)(d) 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 the deficient matter or deficient 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).

             (5)  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 or deficient matters. 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 that occurred before that day.

             (6)  For the purposes of this section, an industry code that applies to participants in a particular section of the industry and deals with 2 or more matters relating to the industry activities of those participants is deficient to the extent to which it deals with a particular one of those matters if, and only if:

                     (a)  the code is not operating to provide appropriate community safeguards in relation to that matter; or

                     (b)  the code is not otherwise operating to regulate adequately participants in that section of the industry in relation to that matter.

             (7)  The Minister may give the ACMA a written direction as to the exercise of its powers under this section.



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