48 Notification of intention to issue code

(1)

Subject to section 52, the Commissioner shall not issue a code of practice under section 46 unless—

(a)

the Commissioner has given public notice of the Commissioner’s intention to issue the code, which notice shall contain a statement that—

(i)

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

(ii)

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

(b)

the Commissioner has done everything reasonably possible on his or her part to advise all persons who will be affected by the proposed code, or representatives of those persons, of the proposed terms of the code, and of the reasons for it, has given such persons or their representatives a reasonable opportunity to consider the proposed code and to make submissions on it to the Commissioner, and has considered any such submissions.

(2)

The fact that the Commissioner has published in the Gazette a notice under section 49(1) shall be conclusive proof that the requirements of this section have been complied with in respect of the code of practice to which the notice relates.

(3)

Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising the proposal to issue a code or of consulting with interested parties in relation to such a proposal.