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BROADCASTING SERVICES ACT 1992 - SECT 130S

ACMA may determine industry standard where no industry body or association formed

  (1)   This section applies if:

  (a)   the ACMA is satisfied that a particular section of the industry is not represented by a body or association; and

  (b)   the ACMA has published a notice under subsection   130P(1) relating to that section of the industry; and

  (c)   that notice:

  (i)   states that, if such a body or association were to come into existence within a particular period, the ACMA would be likely to give a notice to that body or association under subsection   130N(1); and

  (ii)   sets out one or more matters relating to the industry activities of the participants in that section of the industry; and

  (d)   no such body or association comes into existence within that period; and

  (e)   the ACMA is satisfied that it is necessary or convenient for the ACMA to determine a standard in order to:

  (i)   provide appropriate community safeguards in relation to that matter or those matters; or

  (ii)   otherwise regulate adequately participants in that section of the industry in relation to that matter or those matters.

  (2)   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 .

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



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