2. ATHOC CODE OF PRACTICE and Ethics

3. CODE OF ETHICS
MEMBERS SHALL:
Act at all times in a professional manner to build a reputation for fairness and respect and to enhance the public image of the Industry.
Give active and not merely passive support to ATHOC, comply with its Memorandum Articles of Association, its rules and regulations and uphold its prestige and reputation within the community.
Observe and abide by the Code of Ethics and all legislation, regulations and guidelines that govern their activities.
Act honestly, fairly, courteously and with integrity in all dealings with the public and with other members.
Adopt responsible and generally acceptable trade practices.
 Act with due skill, care and diligence in the performance of their duties.

4. Be responsible for the actions of their employees and others acting under their authority or direction.
Strive to maintain and improve their professional knowledge, skills and competence.
MEMBERS SHALL NOT:
Breach in the spirit, apart from the letter, the principles, objects and ethics of ATHOC and this Code.
Convey false, untrue, deceptive, or misleading information nor make material omissions, through advertisements, statements, photographs, sales information, documents or other means which would be likely to affect consumer decision-making.
Exert undue influence, pressure or persuasion on potential purchasers of time share products to the detriment of the public perception on the Industry.
Use the fact of membership in a misleading manner.

5. The Code 1. Purpose of Code (“Code”) – to promote and maintain the highest standards of conduct for all participants in the Industry and to maintain and enhance public confidence in the Industry.   2. ATHOC’s Role – have adequate resources, adopt mechanisms to compel compliance with the Constitution and the Code of Practice and enforce compliance when needed. The Code of Practice is administered by the Code Of Practice Committee Chaired by a person external to the industry.

6. Member Duties – General Duties:
submit to sanctions contained in the Constitution and the Code of Practice;
b) comply with regulatory Requirements except to any extent that relief from ASIC is granted;
c) indemnify ATHOC to the extent of any wrongful act or omission of the Member and to the extent of the Member’s obligations under the Constitution and the Code of Practice.
Provision of Documents:
a Member when requested must provide ATHOC within 14 days a copy of any documents as stipulated in the Code.
Compliance Plan: a) a Member must report all breaches of its Compliance Plan within 30 days of it becoming aware of the breach.
Financial and Administrative Records and Systems:
A Member must cause financial statements to be prepared by a qualified public or chartered accountant and prepare an Annual Report in compliance with the Corporations Act and include particulars as required by the Code.

7. Surveillance:
a Member acknowledges and agrees ATHOC is entitled to conduct Member Surveillance for any purpose relating to the Constitution and the Code of Practice.
a Member must give to ATHOC access to true and complete copies or extracts of any Member Records, Systems or other records that relate to the operation of the Scheme and provide all assistance, information and documents as needed in the opinion of ATHOC.
Member Standards and Supervision:
a Member must ensure each of its officers obtain regular legal, compliance and other advice applicable to the Industry.
a Member must ensure its authorized representatives comply with ASIC’s regulatory guidelines.
a Member must adequately supervise agents and representatives and assume liability for their conduct.
a Member will at no time make statements that may lead consumers to forgo appropriate legal, financial or other appropriate advice.

8. a Member shall refrain from making unfair, misleading or deceptive criticism of the conduct of other Members.
a Member must take all reasonable steps to assist ATHOC and ASIC when ASIC is conducting surveillance on that Member.
a Member shall not engage in any misleading, deceptive or unconscionable conduct or unfair or commercial practice.
Offer of Timeshare Interests: a Member must provide consumers with:
adequate information to assist in making an informed assessment of the merits and risks of purchase.
complete disclosure of fees, levies and charges.
a description of the cooling off rights of the consumer upon signing an agreement to purchase.
a Member must not represent the suitability of an interest in the Scheme as an investment opportunity and limit representations in relation to potential resale value of an interest or the capacity to generate rental income.

9. 4. Promotion, Sales & Marketing –
all advertising and promotion must be presented in a clear, accurate and balanced way and clearly identify the source of that material as well as make sure it does not misrepresent the nature, benefits, costs, limitations or suitability of any Product or the Industry.
the Member must ensure it does not conceal any material limitations on the perceived ability of the Product to meet the expressed or implied needs of the person.
Marketing must comply with requirements as stated in the Code and if incentives are offered they must also comply with guidelines provided.
Members shall follow the guidelines provided for Off Premises Contact (“OPC”) and a Member shall not make representations regarding an offer being made for a limited time unless that offer is true.
e) all advertising, promotion and Promotional Claims must not be false, misleading or deceptive or likely to mislead or deceive.

10. 5. Club Committees – a Club Committee must provide information as required by a Regulatory Requirement to a Scheme Member to facilitate Secondary Sales within the time period required and ensure that Scheme Members are fully informed of the rules and regulations relating to the Scheme.   6. Resident Managers & Resort Management Companies – a Resort Manager shall conduct itself in a professional manner and at all times work in the best interests of the scheme. Where any conflict of interests arises the Club Committee shall resolve the issue on the constituent documents and where such documents are silent on the issue it shall be resolved having regard to the interests of the Scheme or Scheme members.  

11. 7. Exchanges – a) Exchange programmes must be presented in a clear, accurate and balanced way, based upon adequate data and all material information provided. b) a Member must not represent opportunities in respect of Exchanges which are greater than those capable of being delivered. c) a Member making representations relating to an Exchange programme must include at least the information required by the Code. d) an Exchange Organisation shall ensure that it can meet its liability to supply the Exchange in accordance with its representations. e) an Exchange Organisation shall ensure that its members or clients are fully informed in a timely manner of its rules and regulations inclusive of changes in fees and charges.

12. 9. Complaints Handling by Members – Internal Complaints Handling Procedures:
a Member will appoint a Compliance Officer to ensure compliance with the Constitution and the Code and bring to the attention of the Member any complaints about the Product or the Industry.
a Member shall ensure that each complaint is dealt with as per the Code.
a Member shall complete and log with ATHOC annually a summary of complaints in a form and in a time frame as required by the Board from time to time.
Other Procedures: a Member shall report to ATHOC in writing any conduct which the Member believes is prohibited by the Code and which alleges a breach of the Code within 14 days of becoming aware of such conduct.

13. 10. Complaints by Members and Others –
all complaints made to ATHOC by a Member about another Member shall be in writing and will be investigated and determined as required by the Code.
both Members shall provide to the Board within 14 days of request all documents and information as may be required by the Board to assist with the investigation and determination of a complaint.
the Board upon making a determination and after notifying the relevant Members within 14 days of making the determination may take any action against a Member it believes is necessary to enforce the determination.
the Board may also deal with complaints made or referred to ATHOC by any consumer about a Member.

14. 11. Sanctions – with respect to complaints and a breach of the Constitution or Code the Board may apply one or more sanctions as allowed by the Code inclusive but not limited to censure of or an undertaking from the Subject Member, suspension or expulsion from ATHOC, suspension or exclusion from accreditation status and an award of costs, expenses and/or interest on a claim.
12. Review and Modification of the Code – the Code shall be reviewed at a minimum every 3 years and not later than every 5 years.

15. 13. Use of Logo – Members cannot use the ATHOC Logo unless given express written consent of the Board.
14. Miscellaneous – a) any systemic problems identified through the Code may be referred to the relevant member for appropriate action and the Member must provide the Board with a written response with requested documents and information as requested by the Board. b) any systemic problems will be referred to ASIC.