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TELECOMMUNICATIONS ACT 1997 - SECT 386

Procedures for making technical standards

  (1)   Before making a technical standard under section   384, the ACMA must, so far as is practicable, try to ensure that:

  (a)   interested persons have had an adequate opportunity to make representations about the proposed standard (either directly, or indirectly by means of a report under paragraph   (2)(g)); and

  (b)   due consideration has been given to any representations so made.

  (2)   The ACMA may make an arrangement with any of the following bodies or associations:

  (a)   Standards Australia;

  (b)   a body or association approved in writing by Standards Australia for the purposes of this subsection;

  (c)   a body or association specified in a written determination made by the ACMA for the purposes of this subsection;

under which the body or association:

  (d)   prepares a draft of a standard; and

  (e)   publishes the draft standard; and

  (f)   undertakes a process of public consultation on the draft standard; and

  (g)   reports to the ACMA on the results of that process of public consultation.

  (3)   A copy of an approval under paragraph   (2)(b) is to be published in the Gazette .

  (4)   A copy of a determination under paragraph   (2)(c) is to be published in the Gazette .

  (5)   For the purposes of subsection   (1), interested persons are taken not to have had an adequate opportunity to make representations unless there was a period of at least 60 days during which the representations could be made.



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