Telecommunications Act 1997

This section applies if:

the ACMA is satisfied that a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry is not represented by a body or association; and

the ACMA has published a notice under subsection 119(1) relating to that section of the industry; and

that notice:

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 118(1); and

sets out one or more matters relating to the telecommunications activities, telemarketing activities or fax marketing activities, as the case may be, of the participants in that section of the industry; and

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

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

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

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

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.