Chapter 10 - Mandatory Standards
104. Determination of a mandatory standard.
(1) The Commission may determine a mandatory standard for any matter which may be the subject
matter of a voluntary industry code if the Commission is satisfied that the voluntary industry code has
failed, and will continue to fail, to promote industry conduct which is consistent with—
(a) the objects of this Act;
(b) any relevant instrument under this Act; or
(c) any relevant provisions of this Act or its subsidiary legislation.
(2) The Commission shall determine a mandatory standard if it is subject to a direction from the
Minister to determine a mandatory standard in place of a voluntary industry code.
(3) A Ministerial direction, to determine a mandatory standard, may include reference to—
(a) matters which shall be dealt with in the mandatory standard; and
(b) the manner in which those matters are to be dealt with.
(4) The determination of the Commission under this section shall be in accordance with section 55.
105. Mandatory standard to be consistent.
(1) A mandatory standard determined by the Commission under this Chapter shall be consistent
with—
(a) the objects of this Act;
(b) any relevant instrument under this Act; or
(c) any relevant provisions of this Act or its subsidiary legislation.
(2) A mandatory standard determined by the Commission under subsection (1) shall specify the class
of licensees who are subject to the mandatory standard.
(3) A person subject to a mandatory standard shall comply with the mandatory standard.
106. Modification, variation or revocation of a mandatory standard.
(1) The Commission may determine the modification, variation or revocation of a mandatory standard,
in accordance with section 55, if it is satisfied that the mandatory standard is no longer consistent with
all the matters listed in paragraphs 105(1)(a), (b) and (c).
(2) Any modification or variation of a mandatory standard under subsection (1) shall be deemed to be
a new standard for the purposes of this Chapter and shall be subject to the provisions of this Chapter.
(3) If a new mandatory standard deals with the same standard as an existing mandatory standard,
then the existing standard is taken to be invalid to the extent of any conflict with the new mandatory
standard.