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TELECOMMUNICATIONS ACT 1997 - SECT 112

Statement of regulatory policy

             (1)  The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the telecommunications industry should develop codes ( industry codes ) that are to apply to participants in the respective sections of the industry in relation to the telecommunications activities of the participants.

          (1B)  The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the telemarketing industry should develop codes ( industry codes ) that are to apply to participants in the respective sections of the industry in relation to the telemarketing activities of the participants.

          (1C)  The Parliament intends that bodies or associations that the ACMA is satisfied represent sections of the fax marketing industry should develop codes ( industry codes ) that are to apply to participants in the respective sections of the industry in relation to the fax marketing activities of the participants.

             (2)  The Parliament intends that the ACMA, in exercising its powers under sections 117, 118, 119, 123, 124, 125, 125AA, 125A and 125B, will act in a manner that, in the opinion of the ACMA, enables public interest considerations to be addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the telecommunications industry, the telemarketing industry or the fax marketing industry.

             (3)  In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the telecommunications industry (other than electronic messaging service providers), the ACMA must have regard to:

                     (a)  the number of customers who would be likely to benefit from the code or standard concerned; and

                     (b)  the extent to which those customers are residential or small business customers; and

                     (c)  the legitimate business interests of participants in sections of the telecommunications industry; and

                     (d)  the public interest, including the public interest in the efficient, equitable and ecologically sustainable supply of:

                              (i)  carriage services; and

                             (ii)  goods for use in connection with carriage services; and

                            (iii)  services for use in connection with carriage services;

                            in a manner that reflects the legitimate expectations of the Australian community.

          (3A)  In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in the section of the telecommunications industry that consists of electronic messaging service providers, the ACMA must have regard to:

                     (a)  the number of end-users who would be likely to benefit from the code or standard concerned; and

                     (b)  the extent to which those end-users are residential or small business end-users; and

                     (c)  the legitimate business interests of electronic messaging service providers.

          (3C)  In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the telemarketing industry, the ACMA must have regard to:

                     (a)  the number of persons who would be likely to benefit from the code or standard concerned; and

                     (b)  the extent to which those persons are householders or small business operators; and

                     (c)  the legitimate business interests of participants in sections of the telemarketing industry.

          (3D)  In determining whether public interest considerations are being addressed in a way that does not impose undue financial and administrative burdens on participants in sections of the fax marketing industry, the ACMA must have regard to:

                     (a)  the number of persons who would be likely to benefit from the code or standard concerned; and

                     (b)  the extent to which those persons are householders or small business operators; and

                     (c)  the legitimate business interests of participants in sections of the fax marketing industry.

             (4)  Subsections (3), (3A), (3B), (3C) and (3D) do not, by implication, limit the matters to which regard may be had.



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