Industry codes
82.
(1) In this section—
(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 disputeresolution, between a person contemplated in subparagraph (i), andconsumers; and
(b) "proposal" or "proposed industry code" includes any existing schemethat has been voluntarily established within an industry to regulatethe conduct of persons conducting business within that industry.
(2) The Minister, by regulation, may –
(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, onthe recommendation of the Commission in terms of subsection (5).
(3) The Commission, acting on its own initiative, or in response to aproposal 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;
(c) consulting with –
(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.
(5) The Commission—
(a) on the request of the Minister, must review the effectiveness ofany 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, andtaking the steps required by subsection (3), may make furtherrecommendations to the Minister, including a recommendation to amend orwithdraw all or part of a previously prescribed code.
(6) If—
(a) a proposed industry code provides for a scheme of alternative dispute resolution; and
(b) the Commission considers that the scheme is adequately situated andequipped to provide alternative dispute resolution services comparableto those generally provided in terms of any public regulation, theCommission, when recommending that code to the Minister, may alsorecommend that the scheme be accredited as an “accredited industryombud”.
(7) The Commission –
(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 therelevant 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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