47 Proposal for issuing of code of practice

(1)

Subject to section 48, the Commissioner may issue a code of practice under section 46 on the Commissioner’s own initiative or on the application of any person.

(2)

Without limiting subsection (1), but subject to subsection (3), any person may apply to the Commissioner for the issue of a code of practice in the form submitted by the applicant.

(3)

An application may be made pursuant to subsection (2) only—

(a)

by a body the purpose of which, or one of the purposes of which, is to represent the interests of any class or classes of agency, or of any industry, profession, or calling; and

(b)

where the code of practice sought by the applicant is intended to apply in respect of the class or classes of agency, or the industry, profession, or calling, that the applicant represents, or any activity of any such class or classes of agency or of any such industry, profession, or calling.

(4)

Where an application is made to the Commissioner pursuant to subsection (2), the Commissioner shall give public notice that the application has been received by the Commissioner, which notice shall contain a statement that—

(a)

the details of the code of practice sought by the applicant, including a draft of the proposed code, may be obtained from the Commissioner; and

(b)

submissions on the proposed code may be made in writing to the Commissioner within such period as is specified in the notice.

(5)

For the purposes of section 48, the publication of a notice under subsection (4) in relation to any proposed code of practice shall be sufficient compliance with the requirements of subsection (1)(a) of that section in relation to the issuing of that code.