(1) This section applies if the Commissioner made a request under subsection 26E(2) and either:
(a) the request has not been complied with; or
(b) the request has been complied with but the Commissioner has decided not to register, under section 26H, the APP code that was developed as requested.
(2) The Commissioner may develop an APP code if the Commissioner is satisfied that it is in public interest to develop the code. However, despite subsection 26C(3)(b), the APP code must not cover an act or practice that is exempt within the meaning of subsection 7B(1), (2) or (3).
(3) Before registering the APP code under section 26H, the Commissioner must:
(a) make a draft of the code publicly available; and
(b) invite the public to make submissions to the Commissioner about the draft within a specified period (which must run for at least 28 days); and
(c) give consideration to any submissions made within the specified period.