Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 117

  (1)   This section applies if:

  (a)   the ACMA is satisfied that a body or association represents a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry; and

  (b)   that body or association develops an industry code that applies to participants in that section of the 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; and

  (c)   the body or association gives a copy of the code to the ACMA; and

  (d)   the ACMA is satisfied that:

  (i)   in a case where the code deals with matters of substantial relevance to the community--the code provides appropriate community safeguards for the matters covered by the code; or

  (ii)   in a case where the code does not deal with matters of substantial relevance to the community--the code deals with the matters covered by the code in an appropriate manner; and

  (e)   the ACMA is satisfied that, before giving the copy of the code to the ACMA:

  (i)   the body or association published a draft of the code on its website, and invited participants in that section of the industry to make submissions to the body or association about the draft 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)   the ACMA is satisfied that, before giving the copy of the code to the ACMA:

  (i)   the body or association published a draft of the code on its website, and invited members of the public to make submissions to the body or association about the draft 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 code; and

  (h)   except in a case where:

  (i)   the code 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 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 code; 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 code; and

  (j)   in a case where the code 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 code before the body or association gave the copy of the code to the ACMA; and

  (k)   the ACMA has consulted the Information Commissioner about the code and consequently believes that he or she is satisfied with the code, if the code deals directly or indirectly with a matter dealt with by:

  (i)   the Australian Privacy Principles; or

  (ii)   other provisions of the Privacy Act 1988 that relate to those principles; or

  (iii)   a registered APP 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 registered APP code

  (2)   The ACMA must register the code by including it in the Register of industry codes kept under section   136.

  (3)   A period specified under subparagraph   (1)(e)(i) or (1)(f)(i) must run for at least 30 days.

  (4)   If:

  (a)   an industry code (the new code ) is registered under this Part; and

  (b)   the new code is expressed to replace another industry code;

the other code ceases to be registered under this Part when the new code is registered.

Note:   An industry code also ceases to be registered when it is removed from the Register of industry codes under section   122A.