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35. Amendment of section 104

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Section 104 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1)  The Commission may determine a mandatory standard for any matter including—

(a)

any matter which may be the subject matter of a voluntary industry code if the Commission is satisfied that the designated industry forum has not developed a satisfactory voluntary industry code or that the voluntary industry code is likely to fail or has failed, and will continue to fail; or

(b)

any matter to promote industry conduct which is consistent with—

(i)

the objects of this Act;

(ii)

any relevant instrument under this Act;

or

(iii)

any relevant provisions of this Act or its subsidiary legislation.”; and

(b)

in subsection (3), by inserting after the words “Ministerial direction” the words “to the Commission”.

Report

Read on from s 36