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TELECOMMUNICATIONS ACT 1997 - SECT 136B

Declaration of eligibility for reimbursement of costs of development or variation of consumer - related industry code

Development of code

  (1)   If a body or association makes an application under subsection   136A(1) for a declaration in relation to the development of a code, the ACMA must make the declaration if it is satisfied that:

  (a)   the body or association represents the section of the telecommunications industry referred to in paragraph   136A(1)(a); and

  (b)   the code will deal wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and

  (c)   the process for developing the code, as outlined in the application, is likely to ensure that the interests of those retail customers are adequately represented in relation to the development of the code; and

  (d)   the total of the refundable costs likely to be incurred by the body or association in developing the code, as set out in the estimate that accompanied the application, is reasonable.

  (2)   If the ACMA is not satisfied as to the matters set out in subsection   (1), the ACMA must, by written notice given to the applicant, refuse to make the declaration.

Variation of code

  (2A)   If a body or association makes an application under subsection   136A(1) for a declaration in relation to the variation of a code, the ACMA must make the declaration if it is satisfied that:

  (a)   the body or association represents the section of the telecommunications industry referred to in paragraph   136A(1)(a); and

  (b)   the code is registered under this Part; and

  (c)   the code deals wholly or mainly with one or more matters relating to the relationship between carriage service providers and their retail customers; and

  (d)   the process for varying the code, as outlined in the application, is likely to ensure that the interests of those retail customers are adequately represented in relation to the variation of the code; and

  (e)   the total of the refundable costs likely to be incurred by the body or association in varying the code, as set out in the estimate that accompanied the application, is reasonable.

  (2B)   If the ACMA is not satisfied as to the matters set out in subsection   (2A), the ACMA must, by written notice given to the applicant, refuse to make the declaration.

General provisions

  (3)   A declaration under this section is irrevocable, and remains in force for 2 years.

  (4)   A declaration under this section is not a legislative instrument.


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