Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 140

Scope

  (1)   This section applies if:

  (a)   the Commissioner is satisfied that a body or association represents a particular section of the online 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 online activities of those participants; and

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

  (d)   the Commissioner is satisfied that:

  (i)   to the extent to which the code deals with one or more matters of substantial relevance to the community--the code provides appropriate community safeguards for that matter or those matters; and

  (ii)   to the extent to which the code deals with one or more matters that are not of substantial relevance to the community--the code deals with that matter or those matters in an appropriate manner; and

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

  (i)   the body or association published a draft of the code 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

  (f)   the Commissioner is satisfied that, before giving the copy of the code to the Commissioner:

  (i)   the body or association published a draft of the code 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

  (g)   the Commissioner has been consulted about the development of the code.

Registration

  (2)   The Commissioner may register the code by including it in the Register of industry codes kept under section   149.

Period of consultation

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

Replacing industry codes

  (4)   If:

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

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

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