Commonwealth Consolidated Acts Commonwealth Consolidated ActsMain rule about the content of SPF codes
(1) An SPF code must:
(a) be consistent with the SPF principles; and
(b) deal with only:
(i) the themes or matters covered by Subdivisions B, C, D, F and G of Division 2; and
(ii) related or incidental matters; and
(c) subject to paragraphs (a) and (b), include provisions about matters of a kind (if any) prescribed by the SPF rules.
Related or incidental matters in SPF codes
(2) Without limiting subparagraph (1)(b)(ii), an SPF code for a regulated sector may include the following:
(a) provisions relating to only certain kinds of regulated services for the sector;
(b) provisions relating to only certain kinds of SPF consumers of regulated services for the sector;
(c) provisions dealing with the circumstances in which entities are, or may be, relieved from complying with requirements in the SPF code that would otherwise apply to them;
(d) a provision that:
(i) confers powers on the SPF sector regulator for the sector or on another person; or
(ii) depends on the SPF sector regulator for the sector, or another person, being satisfied of one or more specified matters;
(e) provisions for the making of applications for internal review, or of applications to the Administrative Review Tribunal for review, of decisions of a person under the SPF code;
(f) provisions about the manner or form in which persons or bodies:
(i) may exercise powers under the SPF code; or
(ii) must comply with requirements imposed by the SPF code;
which could include requiring the use of a form approved by the SPF sector regulator for the sector or by the SPF general regulator;
(g) provisions about the following matters:
(i) whether a regulated entity for the sector may charge (or cause to be charged) a fee for a matter covered by the SPF code;
(ii) the manner in which such a fee may be charged;
(iii) the time for paying such a fee;
(iv) giving notice of, or publicising, such a fee or matters about such a fee;
(h) provisions requiring agents of a regulated entity for the sector to do or not to do specified things when acting on behalf of the regulated entity and within the scope of the agent's actual or apparent authority;
(i) provisions authorising a regulated entity for the sector to use or disclose SPF personal information to the extent necessary to comply with the entity's obligations under the code;
(j) provisions about any other matters that the provisions of this Part provide may be included, or otherwise dealt with, in the SPF code.
Civil penalty provisions of the SPF code
(3) An SPF code may provide that specified provisions of the SPF code are civil penalty provisions (within the meaning of the Regulatory Powers Act).
Note: Division 6 of this Part deals with enforcing the civil penalty provisions.
Adopting matters in instruments as in force from time to time etc.
(4) An SPF code may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) any matter contained in any other instrument or writing:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
(5) Subsection (4) has effect despite subsection 14(2) of the Legislation Act 2003 .