Section 97

If there is any uncertainty 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.

The Commission shall provide its opinion within thirty days from the date of receipt of the application.

The Commission shall take into account any relevant

Ministerial guidelines and any relevant previous opinions.

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

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

Part.

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 defence