| a) |
‘‘industry code’’ means a code— |
| i) |
regulating the interaction between or among persons conducting business within an industry; or |
| ii) |
regulating the interaction, or providing for alternative dispute resolution, between a person contemplated in subparagraph (i) and consumers; and |
| b) |
‘‘proposal’’ or ‘‘proposed industry code’’ includes any existing scheme that has been voluntarily established within an industry to regulate the conduct of persons conducting business within that industry. |
| a) |
prescribe an industry code on the recommendation of the Commission in terms of subsection (3); or |
| b) |
withdraw all or part of a previously prescribed industry code, on the recommendation of the Commission in terms of subsection (5). |
| 3) |
The Commission, acting on its own initiative, or in response to a proposal from persons conducting business within a particular industry, may recommend a proposed industry code to the Minister after— |
| a) |
publishing the proposed industry code for public comment; |
| b) |
considering any submissions made during the public comment period; |
| i) |
persons conducting business within the relevant industry; and |
| ii) |
relevant accredited consumer protection groups; and |
| d) |
making any revisions to the proposed industry code as published for comment. |
| 4) |
An industry code must be consistent with the purposes and policies of this Act. |
| a) |
on the request of the Minister, must review the effectiveness of any industry code relative to the purposes and policies of this Act; |
| b) |
may otherwise conduct a review contemplated in paragraph (a) at intervals of at least five years; and |
| c) |
after conducting a review contemplated in this subsection, and taking the steps required by subsection (3), may make further recommendations to the Minister, including a recommendation to amend or withdraw all or part of a previously prescribed code. |
| a) |
a proposed industry code provides for a scheme of alternative dispute resolution; and |
| b) |
the Commission considers that the scheme is adequately situated and equipped to provide alternative dispute resolution services comparable to those generally provided in terms of any public regulation, |
the Commission, when recommending that code to the Minister, may also recommend that the scheme be accredited as an ‘‘accredited industry ombud’’.
| a) |
must monitor the effectiveness of any industry code relative to the purposes and policies of this Act; and |
| b) |
may reasonably require persons conducting business within the relevant industry to provide information necessary for the purposes of— |
| i) |
monitoring in terms of paragraph (a); or |
| ii) |
a review in terms of subsection (5). |
| 8) |
A supplier must not, in the ordinary course of business, contravene an applicable industry code. |
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