Position And Consultation Paper

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Position and Consultation Paper 4: Industry Codes No. Position Comment 1. The content of and governance arrangements for relevant codes (those that cover activities specified by ASIC as requiring code coverage) should be subject to approval by ASIC. The Taskforce identified as a key issue that codes are not currently required to be approved by ASIC and are not subject to minimum consumer protections and enforcement standards. The Taskforce acknowledges that this will involve costs, time and complexity, and will require that the relevant industry sector has the capacity to develop a code that can be approved by ASIC. ASIC should revise RG 183 to include base level service standards (rather than ‘best practice’), administration by an incorporated …show more content…

Approved codes should be binding on and enforceable against subscribers by contractual arrangements with a code monitoring body. The Taskforce supports a co-regulatory model under which industry participants would be required to subscribe to an ASIC approved code that would be binding and enforceable. 4. An individual customer should be able to seek appropriate redress through the subscriber’s internal and external dispute resolution arrangements for non-compliance with an applicable approved code. Codes should expressly provide that a subscriber’s failure to comply with the code is to be taken into account in resolving disputes with individual customers through the subscriber’s IDR and EDR, on the basis that compliance with the code by subscribers is expected (rather than optional or aspirational). 5. The code monitoring body, comprising a mix of industry, consumer and expert members, should monitor the adequacy of the code and industry compliance with it over time, and periodically report to ASIC on these matters. The content of the code would remain a matter for industry to determine consistent with the broad criteria set by ASIC. Position and Consultation Paper 4: Access to Telecommunications Intercept …show more content…

Designated ‘interception agencies’ can seek warrants to intercept telecommunications (TI warrant) for the purpose of investigating specific offences that are defined as a ‘serious offence’ in the TIA Act. Among other things, interception agencies may communicate TI material to specified agencies (recipient agency) if the material appears to relate to a matter that could be investigated by the recipient agency. The recipient agency may generally use the TI material for investigations and prosecutions of ‘relevant offences’ within its jurisdiction. ASIC is not an interception agency or a recipient agency under the TIA Act. The Taskforce has conducted preliminary analysis of the issues relating to the TIA Act regime outlined above and has developed the following preliminary position: Position 1: ASIC should be able to receive TI material to investigate and prosecute serious

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