Telecommunications Act 1997

The ACMA must not make a standard under section 384 relating to a particular matter unless:

the ACMA has given a body or association a written notice requesting the body or association to make a standard relating to that matter within the period specified in the notice; and

one of the following subparagraphs applies:

the body or association does not comply with the request;

the body or association complies with the request, but the ACMA is not satisfied that the body’s or association’s standard deals with that matter in an adequate way;

the body or association complies with the request, but the ACMA is not satisfied that the body’s or association’s standard is operating adequately.

The period specified under paragraph (1)(a) must run for at least 120 days after the notice was given.

In making a decision under subparagraph (1)(b)(ii) or (iii), the ACMA must have regard to:

whether the body’s or association’s standard is likely to promote the long‑term interests of end‑users of carriage services and of services supplied by means of carriage services; and

whether the body’s or association’s standard is likely to reduce or eliminate the likelihood of hindrance to the provision of access to declared services.

Subsection (3) does not, by implication, limit the matters to which the ACMA may have regard.

Before making a decision under subparagraph (1)(b)(ii) or (iii), the ACMA must consult the ACCC.