TELECOMMUNICATIONS ACT 1997 - SECT 130 Variation of industry standards

TELECOMMUNICATIONS ACT 1997 - SECT 130

    The ACMA may, by legislative instrument, vary an industry standard that applies to participants in a particular section of the telecommunications industry, the telemarketing industry or the fax marketing industry if it is satisfied that it is necessary or convenient to do so to:

  (a)   provide appropriate community safeguards in relation to one or more matters relating to the telecommunications activities, telemarketing activities or fax marketing activities, as the case may be, of those participants; and

  (b)   otherwise regulate adequately those participants in relation to one or more matters relating to the telecommunications activities, telemarketing activities or fax marketing activities, as the case may be, of those participants.

Note:   The ACMA may be satisfied that it is necessary or convenient to vary an industry standard that is inconsistent with the Australian Privacy Principles or a registered APP code (as defined in the Privacy Act 1988 ), following advice given by the Information Commissioner in the exercise of his or her functions under that Act.