Applicable voluntary industry code.


97.   (1)   The Commission shall ensure that there is only one voluntary industry code in operation that is applicable to a particular matter for a particular person or class of persons at a given time.

         (2)   If there is any uncertainly or ambiguity, a person may apply to the Commission for its opinion on which voluntary industry code is the applicable code in relation to the circumstances of the applicant.

         (3)   The commission shall provide its opinion within thirty days from the date of receipt of the application.

         (4)   The Commission shall take into account any relevant Ministerial guidelines and any relevant previous opinions.

         (5)   The opinion shall be binding on the Commission and the applicant for a period of three years fro the date that the opinion is provided under subsection (3).

         (6)   The Commission shall maintain a register of opinions provided under this section, in accordance with Chapter 6 of this Part.

         (7)   Notwithstanding subsection (5), the Commission may withdraw an opinion under this section if the Commission is satisfied that the nature of the activity engaged in by the applicant has changed materially. 

Compliance with a registered voluntary industry code a legal defense.


98.   (1)   Subject to section 99, compliance with a registered voluntary industry code shall not be mandatory.

         (2)   Compliance with a registered voluntary industry code shall be a defense against any prosecution, action or proceeding of any nature, whether in a court or otherwise, taken against a person (who is subject to the voluntary industry code) regarding a matter dealt with that code.


Directions to comply with a registered voluntary industry code.


99.   The Commission may direct a person or a class of persons, in accordance with section 51, to comply with a registered voluntary industry code.

               

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