Telecommunications Act 1997

Before making a technical standard under section 376, the ACMA must, so far as is practicable, try to ensure that:

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

due consideration has been given to any representation so made.

This subsection has effect subject to section 379 (which deals with the ACMA’s power to make standards in cases of urgency).

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

Standards Australia;

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

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

prepares a draft of a standard; and

publishes the draft standard; and

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

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

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

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

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.