Telecommunications Cabling Provider Rules 2000 Arrangements for Operation of the Registration System (No. 3) (29/09/2009) (Cth)

Case

Arrangements for the Operation of the Registration System (No. 3)

as amended

made under subsection 3.1 (1) of the

Telecommunications Cabling Provider Rules 2000

This compilation was prepared on 1 July 2012
taking into account amendments up to Arrangements for the Operation of the Registration System (No. 3) Amendment 2012 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1Overview of the Rules  

1Name of Arrangements [see Note 1]   5

2Commencement [see Note 1]   5

3Revocation   5

4Application of the Rules   5

4ADefinitions   5

5Requirements of the Rules   5

6Arrangements to be made under the Rules   6

Part 2Competency requirements for registration  

7Competency requirements   7

8Competency requirements to apply to all qualifications, units of training and competency standards   7

9Registrar to advise applicants of competency requirements                  7

10Expired cabling registrations   7

11The ACMA may allow use of expired registration as evidence of competency            8

Part 3Registration of cabling providers and conduct of Registrar  

12Registrar must be accredited   9

13Deed for accreditation of Registrars   9

14Conduct of Registrar   9

Part 4Conditions for registration  

15Formal requirements for registration   11

Part 5Conditions for renewal of registration  

16Formal requirements for renewal of registration   12

Part 6Circumstances in which registration may be suspended, revoked or renewed  

17The ACMA may give direction to the Registrar to suspend revoke or renew registration          13

Part 7Auditing cabling work  

18The ACMA to conduct audits of cabling work   14

Part 8Auditing registration documents  

19Registrar to audit registration documents   15

Part 9Transitional arrangements – competency requirements  

20Definitions for Part 9   16

21Renewal of registration – written evidence of competency                   16

22Renewal of registration – use of current and expired registrations        16

23Renewal of registration – permission by ACMA to use expired registration    16

Schedule 1Competency Requirements   18

Part 1Introduction   18

Part 2Restricted Cabling Requirements   19

Part 3Open Cabling Requirements   22

Part 4Lift Cabling Requirements   28

Schedule 2Deed in relation to Cabling Provider Registrar Obligations              33

Schedule 3Cabling Registration Declaration Open/Restricted/Lift   56

Notes 57

Part 1                 Overview of the Rules

  1. Name of Arrangements [see Note 1]

These Arrangements are the Arrangements for the Operation of the Registration System (No. 3).

  1. Commencement [see Note 1]

These Arrangements commence on the day after they are registered.

  1. Revocation

The Arrangements for Operation of the Registration System (No. 2), made by the Australian Communications Authority on 1 December 2000, are revoked.

  1. Application of the Rules

The Telecommunications Cabling Provider Rules 2000 (the Rules) apply to every person who wishes to perform or supervise the performance of:

(a)    open cabling work; or

(b)    restricted cabling work; or

(c)    lift cabling work.

4A           Definitions

In these Arrangements, unless the contrary intention appears, the following terms have the meaning given to them in the Rules:

(a)    cabling provider;

(b)    cabling work;

(c)    lift cabling work;

(d)    open cabling work;

(e)    restricted cabling work;

(f)    unregistered cabling provider;

(g)    Wiring Rules.

  1. Requirements of the Rules

Part 4 of the Rules specifies requirements for the performance of types of cabling work described in Part 2 of the Rules. Cabling providers must comply with these requirements, which include the following:

(a)    registration of cabling providers and supervisors of cabling work;

(b)    compliance with standards for cabling work;

(c)    mandatory use of compliant cabling and customer equipment;

(d)    direct supervision of unregistered cabling providers;

(e)    certification of cabling work;

(f)    compliance with additional requirements for the performance of restricted cabling work that relates to aerial cabling.

  1. Arrangements to be made under the Rules

(1) Part 3 of the Rules requires the ACMA to make arrangements for the operation of a system for the registration of cabling providers (the system), including supervisors of cabling work. Subsection 3.1 (2) of the Rules lists the matters that must be included in the system, and subsection 3.1 (3) of the Rules lists matters that may be included in the system.

(2)   The matters included in the system for the registration of cabling providers (which may be amended from time to time), under which an accredited Registrar must operate, are set out in these Arrangements.

Part 2                 Competency requirements for registration

  1. Competency requirements

For the purposes of paragraph 3.1 (2) (a) of the Rules, the competency requirements with which a cabling provider must comply before being eligible for registration or renewal of registration under the registration system are specified in Schedule 1.

Note   Under section 4.2A of the Rules, cabling work must be performed, and supervised, in accordance with the competency requirements that are specific to the type of cabling work being performed or supervised.

  1. Competency requirements to apply to all qualifications, units of training and competency standards

(1)   All qualifications, units of training and/or competency standards must be determined in the manner set out in the competency requirements.

(2)   If any of the qualifications, units of training or competency standards as determined have not been endorsed by the relevant national qualifications authority, the ACMA may give reasonable directions to Registrars regarding the use of suitable qualifications, units of training or competency standards that will be acceptable for the purpose of registration.

(3)   In this section:

relevant national qualifications authority means:

(a)    the Australian National Training Authority; or

(b)    any other national body appointed for the purpose of endorsing national qualifications.

  1. Registrar to advise applicants of competency requirements

Registrars must advise applicants who wish to register with them of the relevant qualifications, units of training and competency standards that, when attained, satisfy the competency requirements for the types of cabling work specified in Part 2 of the Rules.

  1. Expired cabling registrations

For paragraph 16 (b), a cabling provider who held a cabling registration issued by a Registrar may, for the period of 12 months after the expiration of the registration, use the registration as evidence of competency as if it were a current registration, in accordance with paragraph 3.1 (4) (b) of the Rules.

Note   Paragraph 3.1 (4) (b) of the Rules provides that a cabling provider is taken to comply with the competency requirements if the cabling provider gives to the Registrar both of the following:

(a)   an application for renewal of registration as a cabling provider;

(b)   a copy of the cabling provider’s registration that expired during a period that is not greater than 12 months before the application for renewal is given to the Registrar.

  1. The ACMA may allow use of expired registration as evidence of competency

(1) For section 16, the ACMA may at its discretion allow a cabling provider who held a cabling licence under the Telecommunications Act 1997 or registration with an accredited Registrar, that has expired for more than 12 months to use that licence or registration as evidence of competency as if it were a current cabling licence or current registration.

(2)   The ACMA may only exercise the discretion mentioned in subsection (1) in extraordinary circumstances where the cabling provider can show just cause.

(3) When exercising the discretion mentioned in subsection (1), the ACMA must have regard to the period that the cabling licence or registration has lapsed, any administrative errors relating to registration, personal circumstances of the cabling provider (e.g. overseas postings or health), changes to relevant standards and the Wiring Rules, other evidence of competency, and all relevant provisions of the Rules.

(4)   The cabling provider must make an application for this purpose in writing to the ACMA showing just cause why the discretion should be exercised.

(5)   The ACMA will consider the application and provide written advice to the cabling provider.

(6)   The cabling provider may take that advice to an accredited Registrar and the Registrar will be allowed to register the cabling provider where the advice specifies that the cabling provider may use an expired licence or registration as evidence of competency.

(7)   If the registration is granted, the date of effect will be from the date of application.

Part 3                 Registration of cabling providers and conduct of Registrar

  1. Registrar must be accredited

(1) Registrars entitled to conduct registration services must be accredited in accordance with accreditation procedures made and published by the ACMA under subsection 3.1 (7) of the Rules.

(2)   The procedures are the Accreditation Procedures for Cabling Provider Registrars made by the Australian Communications Authority on 3 October 2000.

  1. Deed for accreditation of Registrars

(1)   For the purpose of the system, the registration of cabling providers and the conduct of Registrars are set out in the Deed in relation to Cabling Provider Registrar Obligations (the Deed). They are matters that can be included in the system under paragraphs 3.1 (2) (b), (2) (c) and (3) (a) of the Rules. The Deed is in a standard form approved by the ACMA and will be the same for all accredited Registrars, subject to any variation as allowed under the Deed. Additional provisions apply where the Registrar is under the control of one or more controlling entities.

(2)   The Deed is between the Registrar, (including its controlling entity or entities (if any)), and the Commonwealth as represented by the Chief Executive of the ACMA. The Deed must be executed by all of the parties to give effect to the accreditation of the Registrar by the ACMA.

(3)   The approved form of the Deed is set out in Schedule 2. The provisions of the Deed regarding controlling entities will not apply if there are no such entities.

  1. Conduct of Registrar

(1)   A Registrar must conduct itself in a manner consistent with the obligations in the Deed. The Deed includes provisions, consistent with the Privacy Act 1988 and the Information Privacy Principles, for the protection of personal information given to a Registrar.

(2)   The Registrar must provide applicants with:

(a)    appropriate registration forms that must include the declaration set out in Schedule 3; and

(b)    assistance to complete the forms.

(3)   The Registrar must advise applicants about:

(a)    the evidence of competency required to make an application; and

(b)    their obligations to retain that evidence both during the registration period and for the purpose of auditing and inspection of cabling work.

(4)   The Registrar must ensure that registration forms are completed correctly and must issue an appropriate registration to the cabling provider for the type of cabling work.

(5)   After registration, the Registrar must give a copy of the Explanatory Guide to Cabling Provider Rules to the cabling provider.

Note   Among other things, the Explanatory Guide to Cabling Provider Rules mentions the legal obligations of a cabling provider under the Rules.

(6)   Each Registrar may set its own registration period during which a person may be registered as a cabling provider.

(7)   Before the expiry of the registration period for a cabling provider, the Registrar must advise the cabling provider:

(a)    of the date on which the cabling provider’s registration will expire; and

(b)    of the need to apply for renewal of the cabling provider’s registration on or before the date when the registration expires.

Part 4                 Conditions for registration

  1. Formal requirements for registration

A person must comply with the following conditions to be registered as a cabling provider:

(a) the person must correctly complete and sign the declaration on the registration form, which includes the details set out in Schedule 3, when applying for registration for the particular types of cabling work in Part 2 of the Rules;

(b) in the declaration the person must verify that the competency requirements have been met for the type of cabling work, and that the person will comply with the Rules;

(c)    the person must hold evidence of competency before being registered and at the time of making an application for registration must produce to the Registrar the appropriate qualifications of completion of the necessary units of training or attainment of the relevant competency standard.

Part 5                 Conditions for renewal of registration

  1. Formal requirements for renewal of registration

In order to renew registration as a cabling provider, the cabling provider must give to a Registrar a copy of written evidence of competency, and must include at least 1 of the following in the application for renewal:

(a)    proof of current registration as a cabling provider with a Registrar;

(b)    proof of the cabling provider’s registration that expired during a period that is not greater than 12 months before the application for renewal is given to the Registrar;

(c)    written advice from the ACMA stating that, for a reason mentioned in the advice, the cabling provider may use an expired registration as evidence of competency in accordance with section 11.

Part 6                 Circumstances in which registration may be suspended, revoked or renewed

  1. The ACMA may give direction to the Registrar to suspend revoke or renew registration

(1) For the purpose of the system, the ACMA may, under paragraph 3.1 (3) (c) of the Rules, specify circumstances in which a registration may be suspended, revoked or subsequently renewed following a suspension or revocation of registration.

(2)   A Registrar must not make a decision to suspend, revoke or subsequently renew a registration that has been suspended or revoked, unless the ACMA gives a written direction to that effect.

(3)   If the ACMA gives a direction under subsection (2), the Registrar must immediately give a notice to that effect to the relevant cabling provider and update the records of the cabling provider showing the status of the person.

(4)   During the period of suspension of a registration, the effect is that the cabling provider may not perform cabling work of any type.

(5) The ACMA will have regard to breaches of the Rules before giving a direction under subsection (2).

Part 7                 Auditing cabling work

  1. The ACMA to conduct audits of cabling work

Regulatory inspections of cabling work may be conducted by the ACMA:

(a)    in response to a written complaint; or

(b)    on its own initiative.

Part 8                 Auditing registration documents

  1. Registrar to audit registration documents

(1)   A Registrar must validate the information on all registration forms submitted to the Registrar each financial year.

(2)   If any information is incorrect, or if the Registrar believes that there is a discrepancy in the information, the Registrar must immediately notify the ACMA of this and provide details of the error or discrepancy.

Part 9                 Transitional arrangements – competency requirements

  1. Definitions for Part 9

In this Part:

former competency requirements means the competency requirements mentioned in section 7 as in force immediately before 1 July 2012.

   new competency requirements means the competency requirements mentioned in section 7 that are in force on 1 July 2012.

   transitional period means the period of time commencing on 1 July 2012 and ending on 30 June 2014.

  1. Renewal of registration – written evidence of competency

For the purposes of section 16, a cabling provider who applies to renew their registration during the transitional period will satisfy the requirement to give to a Registrar a copy of written evidence of competency if the evidence:

(a)    demonstrates compliance with the former competency requirements; or

(b)    demonstrates compliance with the new competency requirements.

22            Renewal of registration – use of current and expired registrations

After the transitional period, paragraphs 16 (a) and 16 (b) will not apply to an application for renewal of registration if the cabling provider’s current registration, or expired registration, as the case may be, was granted on the basis that the cabling provider had complied with the former competency requirements.

  1. Renewal of registration – permission by ACMA to use expired registration

After the transitional period, the ACMA may not exercise the discretion mentioned in subsection 11 (1) to allow a cabling provider who held a registration that has expired for more than 12 months, to use that registration as evidence of competency as if it were a current registration, if the expired registration was granted on the basis that the cabling provider had complied with the former competency requirements.

Schedule 1        Competency Requirements

(section 7)

Part 1          Introduction

For the purpose of paragraph 3.1 (2) (a) of the Telecommunications Cabling Provider Rules 2000 (the Cabling Provider Rules) the competency requirements in this document have been published by the Australian Communications and Media Authority (the ACMA). This document details the competency requirements that cabling providers need to satisfy in order to be registered to perform open, restricted and lift cabling work. A cabling provider may only perform or supervise the performance of a particular type of cabling work if they have obtained the necessary competencies for that type of cabling work.

These requirements are the basis on which the Australian National Training Authority (ANTA) via their Industry Training Advisory Bodies (ITABs), originally developed competency standards and related training for cabling, within the Australian Qualifications Framework and Australian Recognition Framework. The industry document, Pathways to ACMA Cabling Provider Rules Cabler Registration
(‘the Pathways’) outlines the training modules which are based on the competency requirements in this document. The Pathways, as in force from time to time, are published on the ACMA website

The responsibility for any future development of the Pathways is the responsibility of the National Skills Standards Council (the NSSC) via their Industry Skills Council (the ISC).

1.1           Competency requirements

The competency requirements are based on the requirements in:

(a)the Australian Standard AS/CA S008:2010 Requirements for customer cabling products, as in force from time to time (“AS/CA S008”); and

(b)the Wiring Rules;

within the context of the:

  1. installation and modification of cable support, earthing and termination infrastructures;

  1. installation, maintenance and modification of communications cables and earth wires;

  1. termination and testing of communications cables and earth wires;

  1. creation of specific records and completion of mandatory completion forms; and

  1. monitoring of work activities and direct supervision of cabling providers not holding appropriate registration.

Note       The Wiring Rules are defined in the Cabling Provider Rules as follows:

Wiring Rules means:

(a)the “Australian Standard AS/ACIF S009:2006 - Installation Requirements for Customer Cabling (Wiring Rules)”; or

(b)a standard published in substitution for the standard mentioned in paragraph (a);

as in force from time to time

1.2           Cabling Provider Registration

The ISC develops competency standards based on the requirements in this document. These standards then provide the basis for mandatory cabling provider registration under the Cabling Provider Rules. Other national ISCs may either adopt these endorsed standards within their own training packages or formally demonstrate equivalence by mapping their existing standards to the competency requirements.

When equivalent standards and/or qualifications are determined, a “List of Equivalence Requirements” shall be certified by the relevant ISCs after mapping, then provided to the ACMA for distribution to all accredited cabling provider registrars under the Cabling Provider Rules. Registrars will then use the list to determine whether the cabling provider meets the necessary competency requirements for registration.

Future equivalence determinations will be made by appropriate ISCs and forwarded to the ACMA for agreement and distribution to all accredited cabling provider registrars.

Part 2          Restricted Cabling Requirements

2.1           Description

Restricted cabling work is cabling work that is performed only in relation to a customer’s premises, and in which the customer cabling terminates at the network boundary on a socket or network termination device. Restricted cabling work includes aerial, underground, coaxial and broadband cabling work on private property.

Typically the restricted type of customer cabling is confined to domestic premises but it may be applicable to certain small business and commercial environments.

2.2           Range of application

The range of application listed below lists the conditions associated with the performance of restricted cabling work and specifies the basic knowledge and minimum expected competence for obtaining a registration to perform restricted cabling work.

A cabling provider who wishes to perform restricted cabling work of a particular type must obtain the relevant competencies for that type of restricted cabling work. For example, a cabling provider who wishes to perform broadband restricted cabling work must obtain the competencies relevant to broadband restricted cabling work by completing the relevant training units.

Cabling environment:

·      Indoor environments including concealed locations such as ceilings, false ceilings, internal wall space, under floor and damp situations;

·      Outdoor environments including cable installations on external walls, underground and aerial cabling on private and public property;

·      Aerial telecommunications cabling work but does not include installations on poles shared with low voltage (LV) or high voltage (HV) electrical power cables; and

·      Underground cabling in an exclusive trench or shared trench with electrical low voltage (LV) cables and/or other utilities.

Cable type:

·      aerial

·      coaxial

·      copper twisted pair

·      data cables: eg. Category 5, 6, 6A or 7

·      external

·      indoor

·      underground

Cable identification:

·      Cable conductor identification codes may be colour coded, banded, numbered or lettered.

Termination systems:

·      network termination device.

·      socket types: Australian modular socket, Mode 3 alarm socket or United States modular.

Note   Jumperable distributors are not included in this requirement.

Earthing and protection:

Installation of protective earth for over voltage and surge/spike suppression must be treated in accordance with the Wiring Rules.

Records to be kept:

·   Network Termination Device (NTD) Record cards.

·   Telecommunication Cabling Advice (TCA) forms - TCA1 (mandatory) and TCA2 (voluntary). 

Note   Records may be in hard copy or software versions but must conform to the Wiring Rules.

Relevant legislation, codes, regulations and standards:

·   The Telecommunications Act 1997;

· Cabling Provider Rules;

· Rules associated with accredited registrars and the registration scheme;

·   ACMA technical standards, including AS/CA S008 or its replacement;

·   The Wiring Rules;

·   Communications Cabling Manual (Restricted);

·   AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules);

·   Certified Components List;

·   Labelling requirements for cabling products; and

·   OH& S and environmental policy and procedures.

Note   The references to standards are to the standards as amended or replaced from time to time.

2.3           Assessment

The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such as a Registered Training Organisation (RTO) training facility would be acceptable.

Assessment must be undertaken by approved assessors within the national Australian Quality Training Framework (AQTF) training system, RTOs or assessment as specified in training packages or as determined by the ACMA.

Assessment of competencies or ACMA approved Cabling Provider Rules training program outcomes includes other ACMA mandated requirements, such as regulatory examination requirements which are outside of the AQTF system. The ACMA may specify other requirements in the future.

A cabling provider who wishes to perform restricted cabling work of a particular type must satisfy the assessment requirements for that type of restricted cabling work. For example, a cabling provider who wishes to perform broadband restricted cabling work must demonstrate the assessment outcomes relevant to broadband restricted cabling work.

Assessment Requirements:

The following assessment outcomes must be demonstrated:

·      complete a cabling installation and termination, including three types of telephone sockets, one network termination device; and including accurate completion of a TCA1 form (mandatory) or TCA2 (voluntary);

·      accurately apply cable conductor identification codes;

·      conduct and apply cable test results; and

·      correctly interpret and apply relevant regulations and standards, and OH& S and environmental policy and procedures.

Skills and Knowledge Summary:

·      Cable installation;

·      Cable types;

·      Cable termination products;

·      ACMA Cabling Provider Rules;

·      Cabling provider registration, other rules and regulations; and

·      Basic telephony.

Skills and Knowledge Breakdown:

(A)    Cable installation including:

·     Internal/external installations;

·     Cable damage awareness;

·     Domestic installations;

·     ACMA Cabling Provider Rules including cabling provider registration;

·     Cable termination;

·     Termination types, network termination devices and outlets;

·     Common installation tests;

·     Protective earthing; and

·     Earth testing.

(B)    ACMA Cabling Provider Rules and cabling provider registration including:

·The ACMA’s regulatory and compliance requirements;

·Cabling provider registration, types and limitations; and

·Supervision requirements.

(C)    Other rules and regulations including:

·The Telecommunications Act 1997;

·AS/CA S008 or its replacement;

·The Wiring Rules;

·AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules);

·Communications Cabling Manual; and

·Mandatory and voluntary technical standards.

(D)    Basic telephony including:

·   Telephone operation.

Part 3          Open Cabling Requirements

3.1           Description

Open cabling work is any type of cabling work in which the customer cabling terminates directly at the network boundary on a Socket, Network Termination Device (NTD) or a distributor (Main Distribution Frame (MDF)).  Open cabling work includes aerial, underground, structured, coaxial and optical fibre cabling work on private and public property.

Typically, open cabling work that terminates at the MDF is associated with commercial and industrial installations involving many lines, multi-pair cables, backbone cabling, multi-storey buildings and complicated termination modules.

Generally open cabling work that terminates at an MDF is used to connect devices for telecommunications (phones and facsimile), data including video and multimedia, security and alarms, and fire protection.

Note   The range of application and critical performance requirements for open cabling includes that specified for restricted cabling in Part 2. The relevant information from Part 2 has not been duplicated below. Please refer to Part 2 for the relevant information.

3.2           Range of application

The range of application listed below provides the conditions associated with the performance of open cabling work and specifies the basic knowledge and minimum expected competence for obtaining a registration to perform open cabling work. 

A cabling provider who wishes to perform open cabling work of a particular type must obtain the relevant competencies for that type of open cabling work. For example, a cabling provider who wishes to perform structured or optical fibre open cabling work must obtain the competencies relevant to structured or optical fibre open cabling work by completing the relevant training units.

Cabling environment:

·      Indoor environments include locations such as ceilings, false ceilings, riser shafts, internal wall space, under floor, damp situations and workstations;

·      Outdoor environments including cable installations on external walls, and underground and aerial cabling on private and public property;

·      Underground cabling including shared trenches with electrical LV/HV cables and other utilities; and

·      Aerial cabling installations that may include the sharing of poles and structures with LV/HV electrical power cables and terminations.

Cable support systems:

·      Suspension catenary wire, ducts, cable tray, line poles, pipes, pits; and

·      Cable support systems to wall and island mounted patched and jumperable distributors including campus distributors, building distributors, floor distributors and local distributors. 

Note   Cable trays may be galvanised steel or PVC.  Perforated low or high sided, single or multi channel cable ducts may be closed, open, PVC, metal, single or multiple channel.

Cable types:

·      aerial

·      coaxial

·      copper twisted pair

·      data cables: eg.Category 5, 6, 6A, 7

·      external

·      indoor

·      optic fibre

·      underground

·      copper twisted pair from two pair upwards but must include two, three and four pair and at least one larger cable (50 pair or greater).

Cable identification:

·      Cable conductor identification codes may be colour coded, banded, numbered or lettered.

Termination systems:

·      network termination device;

·      socket types: Australian modular socket, Mode 3 alarm socket or United States modular;

·      at least one jumperable distributor (campus distributor or building distributor) with a capacity of 50 pair or greater; and

·      a non-jumperable distributor (local distributor) and a patch panel must be terminated.

Earthing and protection systems:

·      Installation of protective earth(s) for over voltage and surge/spike suppression;

·      Installation of protective earth barriers for segregation, cable tray, duct and metal equipment enclosures;

·      Running of equi-potential bonding conductors to multiple earth neutral, and use of earth stakes;

·      Installation of functional earth(s) including telecommunications reference conductor and communications earthing system types to provide customer switching system facilities; and

·      Earthing of screened cable, barriers and cable trays for the reduction or elimination of interference from electromagnetic, radio frequency and power sources.

Records to be kept:

·      NTD Record cards;

·      TCA1 form (mandatory) and TCA2 (voluntary);

·      Building, cabling and equipment location plans;

·      MDF and other distributor record cards;

·      Labelling of patch panels, distributor verticals, distributor pairs, equipment closets and rooms; and

·      Labelling of telecommunication outlets.

Note   Records may be in hard copy or software versions but must conform to the Wiring Rules.

Relevant legislation, codes, regulations and standards:

·      The Telecommunications Act 1997;

· Cabling Provider Rules;

· Rules associated with accredited registrars and the registration scheme;

·      ACMA technical standards including AS/CA S008 or its replacement;

·      The Wiring Rules;

·      Certified Components List;

·      Labelling requirements for cabling products;

·      Communications Cabling Manual (Open);

·      AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules); and

·      OH& S and environmental policy and procedures

Note   The references to standards are to the standards as amended or replaced from time to time

3.3           Assessment

The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such as a RTO training facility would be acceptable.

Assessment must be undertaken by approved assessors within the national AQTF training system via RTOs, or assessment as specified in training packages or as determined by the ACMA.

Assessment of competencies or ACMA approved Cabling Provider Rules training program outcomes includes other ACMA mandated requirements, such as regulatory examination requirements which are outside of the AQTF system. The ACMA may specify other requirements in the future.

A cabling provider who wishes to perform open cabling work of a particular type must satisfy the assessment requirements for that type of open cabling work. For example, a cabling provider who wishes to perform structured or optical fibre open cabling work must demonstrate the assessment outcomes relevant to structured or optical fibre open cabling work.

Assessment Requirements:

The following assessment outcomes must be demonstrated:

·      terminating systems at both distributor and outlet locations;

·      install and terminate one jumperable distributor ( distributor ) with a capacity of 50 pair or greater;

·      terminate at least one 50 pair cable, system of Ethernet (structured) cabling, optical fibre cable and one 4 pair cable, including accurate completion of installation records, drawing alterations and compliance forms;

·      placing cables on support structures and building faces for both internal and external locations;

·      securing methods for the above locations;

·      demonstrate work practices which avoid cable damage(such as crushing, burning, kinking, sheath twist, cutting, nicking and bending radius);

·      read and interpret drawings related to cable layouts, outlet location, cable coding system and identifiers and distributor locations;

·      conduct and interpret cable test results; and

·      correctly interpret and apply relevant legislation, codes, regulations and standards, and OH& S and environmental policy and procedures.

Skills and Knowledge Summary:

·      Cable installations;

·      Cable termination products;

·      Cable conductor identification codes;

·      Cable support systems;

·      Cable types;

·      Earthing systems;

·      Earth testing;

·      Read plans and specifications;

·      Cable record systems;

·      ACMA Cabling Provider Rules;

·      Cabling provider registration, other rules and regulations;

·      Basic switching systems;

·      Telecommunication hazard awareness; and

·      Basic telephony.

Skills and Knowledge Breakdown:

(A)Cable installation including:

·   Metallic cables;

·   Specialised cable;

·   Structured and Optical Fibre cable;

·   Internal and external installations;

·   Cable dispensers, hauling mechanisms;

·   Cable damage awareness;

·   Domestic, commercial installations;

·   ACMA requirements –the Wiring Rules;

·   Cable termination preparations;

·Termination types, distributors, network termination devices and telecommunication outlets;

·   Distributors;

·   Jumpering;

·   Common installation tests; and

·   Functional and protective earthing.

(B)     Cable termination products including:

·   Product termination systems;

·   Product termination techniques; and

·   Product termination tools.

(C)     Cable conductor identification codes including:

·   Types of codes; and

·   Interpretation of codes.

(D)    Cable support systems including:

·   Plans and cable locations;

·   Wall construction;

·   Fixing devices;

·   Conduit and ducting;

·   Distribution boxes and mounts;

·   Installation techniques; and

· ACMA specifications and standards –Wiring Rules.

(E)     Cable types including:

·   Telecommunications and data cable types;

·   Purpose, construction, characteristics;

·   Cable identification; and

·   ACMA technical standards (including AS/CA S008 or its replacement).

(F)Earthing systems including:

·Multiple earth neutral, co-axial, equi-potential, functional, telecommunications reference conductor and communications earthing systems;

·   Cable screening;

·   Colour coding;

·   Radiofrequency interference and electromagnetic interference;

·   Electrical interference;

·   Lightning earths;

·   Gas arrestors; and

·   Overvoltage protection.

(G)Earth testing including:

·   Earth testing instruments; and

·   Earth testing procedures (insulation and conductor resistance).

(H)    Reading  plans and specifications including:

·   Cabling plans, records, symbols and abbreviations;

·   Commercial premises plans; and

·   Backbone cabling diagrams.

(I)Cable record systems including:

·   Types of records;

·   Cable distribution records;

·   Jumpering records;

·   Standard record systems;

·   Responsibilities for records;

·   TCA1 forms; and

·   ACMA requirements.

(J)ACMA Cabling Provider Rules and cabling provider registration including:

·   The ACMA’s regulatory and compliance requirements;

·   Cabling Provider registration, types and limitations; and

·   Supervision requirements.

(K)    Other rules and regulations including:

·The Telecommunications Act 1997;

·AS/CA S008 or its replacement;

·the Wiring Rules;

·AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules);

·Communications Cabling Manual; and

·Mandatory and voluntary technical standards.

Note   The references to standards are to the standards as amended or replaced from time to time

(L)     Switching systems awareness including:

·   Developing switching systems;

·   Customer switching systems and related interfaces;

·Customer switching services, System Distribution Frames / Test Point Frames, power fail and line interface requirements (eg In dial, Rotary groups, Extension and Tie-line circuits);

·   Simple block diagrams;

·   Basic programming; and

·   Printed circuit board hazards and handling techniques.

(M)   Telecommunication hazard awareness including:

·   Optical fibre cable;

·   Underground cable; and

·   Aerial cable.

(N)    Basic Telephony including:

·Telephone operation.

Part 4          Lift Cabling Requirements

4.1           Description

Lift cabling work is cabling work that is performed in relation to a lift. The customer cabling that is used connects to a cross connection point adjacent to the lift motor room and the lift control cubicle within the lift motor room. Lift cabling work may also include the installation of the travelling cable between the lift motor and the lift car. 

Generally this type of customer cabling is used to connect devices for telecommunications (phones), data for video, audio and alarms.

Note 1   The range of application and critical cabling provider competency requirements for the lift cabling includes that specified for the restricted cabling, however the relevant information from restricted cabling has not been duplicated below. Please refer to Part 2 for the relevant information.

Note 2   Cabling work before the connection point adjacent to the lift motor room will require an Open cabling provider registration.

4.2           Range of application

The range of application, listed below, provides the conditions associated with the performance of lift cabling work and specifies the basic knowledge and minimum expected competence for obtaining a registration to perform lift cabling work. 

Cabling environment:

·      The lift machine/motor room; and

·      The lift shaft including inside and outside the lift car and communications cabling of the lift travelling cables and connections.

Cable support systems:

·      Conduit;

·      Catenary wire;

·      Simple cable tray runs;

·      Open and closed ducts; and

·      Travelling cable supports in accordance with the Wiring Rules.

Cable types:

·      Copper twisted pair;

·      Coaxial;

·      Travelling cable flat and circular types complying with Australian Standards eg. AS1979; and

·      Data cabling within the condition of a lift registration.

Cable identification:

·      Cable conductor identification codes may be colour coded, banded, numbered or lettered.

Termination systems:

·      Travelling cable terminations; and

·      Distributors, sockets, connectors and modules.

Earthing and protection systems:

·      Earthing of screed, barriers and cable trays for the reduction or elimination of interface from electromagnetic, radio frequency and power sources;

·      Equi-potential bonding conductors to multiple earth neutral (MEN) and use of earth stakes;

·   Protective earths as defined in the Wiring Rules.

Records to be kept:

·      TCA1 (mandatory) and TCA2 ( voluntary);

·      Building, cabling and equipment location plans; and

·      Local distributor record cards.

Note   Records may be in hard copy or software versions but must conform to the Wiring Rules.

Relevant legislation, codes, regulations and standards:

·   The Telecommunications Act 1997;

· Cabling Provider Rules;

·      Accredited registrars and registration scheme;

·      ACMA Technical standards including AS/CA S008 or its replacement;

·      The Wiring Rules;

·      Lift Code EN81;

·      Communications Cabling Manual (Open);

·      Labelling requirements for cabling products;

·      AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules);

·      AS1979:1993 standard relating to travelling cables; and

·      OH& S and environmental policy and procedures.

Note   The references to standards are to the standard as amended or replaced from time to time.

4.3           Assessment

The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such a RTO training facility would be acceptable.

Assessment must be undertaken by approved assessors within the national AQTF training system; RTOs; or assessment as specified in training packages or as determined by the ACMA.

Assessment of competencies or ACMA approved Cabling Provider Rules training program outcomes includes other ACMA mandated requirements, such as regulatory examination requirements which are outside of the AQTF system. The ACMA may specify other requirements in the future.

Assessment Requirements:

The following assessment outcomes must be demonstrated:

·      installing typical lift cabling from a local distributor to a lift car socket, including accurate completion of installation records, drawing alterations and accurate completion of TCA1 form;

·      reading and interpreting cable drawings and plans for locations and terminations;

·      accurately applying cable conductor identification codes;

·      conducting and interpreting cable test results; and

·      correctly interpreting and applying relevant legislation, codes, regulations and standards, and OH& S and environmental policy and procedures.

Skills and Knowledge Summary:

·      Cable installation;

·      Cable types;

·      Cable conductor identification codes;

·      Reading plans and specifications;

·      Cable record systems;

·      ACMA Cabling Provider Rules, Cabling provider registration, other rules and regulations; and

·      Basic telephony.

Skills and Knowledge Breakdown:

(A)    Cable installation including:

·Lift cable supports and securing;

·Cable dispensers, hauling mechanisms;

·Cable damage awareness;

·Cabling installations within the lift boundary;

·ACMA requirements -Wiring Rules;

·Cable termination preparations;

·Termination types, frames, outlets;

·Distributors;

·Jumpering;

·Common installation tests;

·Functional and protective earthing; and

·Safe work practices.

(B)    Cable types including:

·   Telecommunications and data cable types;

·   Travelling cables;

·   Purpose, construction and characteristics;

·   Cable identification; and

·   ACMA technical standards including AS/CA S008 or its replacement.

(C)    Cable conductor identification codes including:

·Types of codes; and

·Interpretation of codes.

(D)    Reading plans and specifications including:

·Cabling plans, records, symbols and abbreviations;

·Lift installation plans and specifications; and

·Terminology.

(E)     Cable record systems including:

·   Types of records;

·   Cable distribution records;

·   Jumpering records;

·   Standard record systems;

·   Responsibilities for records; and

·   TCA 1 (mandatory) and TCA2 (voluntary).

(F)   ACMA Cabling Provider Rules and cabling provider registration including:

·   The ACMA’s regulatory and compliance requirements;

·   Cabling Providers registration, categories and limitations; and

·   Supervision requirements.

(G)    Other rules and regulations including:

·The Telecommunications Act 1997;

·AS/CA S008 or its replacement;

·the Wiring Rules

·Communications Cabling Manual;

·AS/NZS 3000:2007 Electrical installations (known as the Australian/New Zealand Wiring Rules);

·AS1979 1993(travelling cable standard); and

·Lift cabling boundary for lift installations.

Note   The references to standards are to the standards as amended or replaced from time to time

(H)    Basic Telephony including:

·Telephone operation.

Schedule 2        Deed in relation to Cabling Provider Registrar Obligations

(section 13)

Deed

between

[Insert COMPANY NAME OF REGISTRAR]
ACN [ ]/ABN [ ]

[Insert NAME OF CONTROLLING ENTITIES]

and

COMMONWEALTH OF AUSTRALIA

Represented by the Chief Executive of the Australian Communications and Media Authority

ABN 55 386 169 386

in relation to

Cabling Provider Registrar Obligations

TABLE OF CLAUSES

  1. DEFINITIONS

  1. INTERPRETATION

  1. SCOPE OF DEED

  1. TERM

  1. ACCREDITATION PROCEDURES AND CRITERIA

  1. CONSEQUENCES OF ACCREDITATION

  1. FEES

  1. PERSONS WHO MUST NOT BE REGISTERED

  1. REPORTING TO THE ACMA

  1. NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY

  1. AUDIT

  1. REGISTRAR NOT SOLE REGISTRAR

  1. REGISTRAR COORDINATING COMMITTEE

  1. COMPLAINTS HANDLING

  1. ON‑LINE ACCESS

  1. CONFIDENTIAL INFORMATION

  1. PERSONAL INFORMATION

  1. INTELLECTUAL PROPERTY

  1. ARCHIVES ACT

  1. COMPLIANCE WITH LAWS

  1. COMPLIANCE WITH STANDARDS AND VALIDATION OF REGISTRATIONS

  1. WARRANTIES

  1. INDEMNITY

  1. MORAL RIGHTS

  1. TERMINATION

  1. CONSEQUNCES OF TERMINATION

  1. DISPUTE RESOLUTION

  1. VARIATION OF DEED

  1. ASSIGNMENT

  1. WAIVER

  1. ENTIRE AGREEMENT

  1. SUBCONTRACTING

  1. APPLICABLE LAW AND JURISDICTION

  1. CONFLICT OF INTEREST

  1. SURVIVAL OF CLAUSES

  1. INSURANCE

  1. SEVERABILITY

  1. LIABILITY

  1. NOTICES

Date

This Deed is made on ________________________________

Parties

  1. The COMMONWEALTH OF AUSTRALIA represented by the Chief Executive of the Australian Communications and Media Authority, a body corporate established under the Australian Communications and Media Authority Act 2005 ABN 55 386 169 386 (‘the Commonwealth’).

AND

  1. [insert name of entity (ACN: [insert])] a duly incorporated company having its registered office at [insert address] (‘the Registrar’)

AND

[insert full name of all controlling entities of the Registrar and insert ACN/ABN       for each entity] and [insert details of incorporation and registered address]         (‘the controlling entities’).

Recitals

A.The Commonwealth, for the benefit of the ACMA, requires the provision of certain Registration Services by accredited registrars for the purposes of operating a registration system for the registration of cabling providers.

B.Under Part 3 of the Telecommunications Cabling Provider Rules 2000, the ACMA must make arrangements for the operation of a system for the registration of cabling providers. The ACMA is not required to act as the registrar or to operate the registration system. The ACMA may engage one or more persons to operate the system or to act as registrars.

C.The registration system may include, amongst other things, the registration by a Registrar of cabling providers that comply with certain competency requirements, requirements for the conduct of the Registrar, arrangements for the auditing of registration documents and arrangements for the protection of information given to the Registrar.

D.The Registrar applied to the ACMA for accreditation as a registrar under the Accreditation Procedures for Cabling Provider Registrars, to enable it to provide Registration Services to cabling providers.

E.The Commonwealth has agreed for the benefit of the ACMA, to appoint the Registrar as an accredited registrar to provide the Registration Services to cabling providers within the framework of this Deed.

Operative Provisions

1.             Definitions

1.1       Unless otherwise provided, terms in this Deed shall have the same meanings as provided in the Telecommunications Cabling Provider Rules 2000.

1.2       In this Deed, unless the contrary intention appears:

The ACMA means the Australian Communications and Media Authority established under the Australian Communications and Media Authority Act2005;

Accreditation Criteria means the criteria for accreditation described in clause 5.1;

Annual Business Report means the report which the Registrar must provide to the ACMA under clause 9.3;

Annual Performance Report means the compilation of Performance Reports which the Registrar must provide to the ACMA under clause 9.2;

Authorised Auditor means any person or organisation (including an employee of that organisation) authorised in writing by the ACMA to audit the Registrar’s ongoing compliance with this Deed and its financial records in relation to the Registration Services;

Business Day means any day other than a Saturday, Sunday or public holiday (including public service holidays) for the whole of the Australian Capital Territory or whole of the State or Territory in which the Registrar’s registered office is located;

Business Hours means the hours between 9.00 am and 5.00 pm local time;

Commencement Date means the date on which all Parties have executed this Deed;

Conflict of interest means any matter, circumstance, interest or activity affecting the Registrar (including its personnel) which may or may appear to impair the ability of the Registrar to provide the Services to the Commonwealth, for the benefit of the ACMA, diligently and independently;.

Controlling Entities means [insert name of each controlling entity and insert ACN/ABN] and [insert details of incorporation and registered offices]

Database means the database used to record, store and maintain details of all cabling provider registrations used in providing the Registration Services;

Default Event means an event described in clause 25.1;

Information Privacy Principles means the principles referred to as such under the Privacy Act 1988;

Intellectual Property includes all copyright (including moral rights) and neighbouring rights, all rights in relation to inventions (including patent rights), registered and unregistered trade marks (including service marks), confidential information (including trade secrets and know how), databases, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

National Privacy Principles means the principles referred to as such under the Privacy Act 1988;

Parties mean the Commonwealth, represented by the Chief Executive of the ACMA, the Registrar and any Controlling Entities of the Registrar;

Performance Report means the report which the Registrar must provide to the ACMA under clause 9.1;

Personal Information       means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;

Registrar means [insert name of entity] a duly incorporated company having its registered office at [insert address];

Registrar Coordinating Committee means the committee established by the ACMA and known by that name, or its replacement, being a committee consisting of the following representatives:

(a)    a representative of the ACMA, who will chair the committee; and

(b)    a representative of each accredited Registrar;

Registration Services mean:

(a) registering applicants as cabling providers to perform the types of cabling work specified in the Rules upon receiving their correctly completed registration forms;

(b)    issuing proof of registration to successful applicants;

(c)    providing communications and mailings to cabling providers of information relevant to their registration;

(d)    maintenance of the Database;

(e)    handling enquiries and complaints concerning paragraphs (a) to (d); and

(f) any other matter within the scope of the Rules and agreed to by the Registrar Coordinating Committee which the ACMA notifies to the Registrar as a Registration Service;

Rules mean the Telecommunications Cabling Provider Rules 2000;

Service Levels means the following timeframes:

(a)    issuing new or amended cabling provider registrations within 7 Business Days following receipt of a correctly completed registration form;

(b)    responding to written and electronic communications (including inquiries and complaints) from cabling providers and the public within 7 Business Days of receipt;

(c)    responding to telephone enquiries from cabling providers and the public within 2 Business Days;

(d)    resolving complaints within 60 days after they are made; and

(e)    validating the information on 100% of the registration forms             submitted each financial year to the Registrar using an appropriate sampling system, by the end of the financial year;

Termination Notice means a notice under clause 25.2 or 25.3 which has the effect of terminating this Deed.

2.             Interpretation

2.1       In this Deed, unless the contrary intention appears:

(a)    monetary references are references to Australian currency;

(b)    the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;

(c)    a reference to a clause, paragraph or subparagraph is a reference to a clause, paragraph or subparagraph of this Deed;

(d)    a reference to a person includes a partnership and a body whether corporate or otherwise;

(e)    a reference to a body, a position or an authority whether statutory or not:

(i)    which ceases to exist; or

(ii)    whose powers or functions are transferred to another body, position or authority;

is a reference to the body, position or authority which replaces it or which substantially succeeds to its powers or functions;

(f)                a reference to a financial year is to a financial year ending on 30 June;

(g)    where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(h)    words in the singular number include the plural and vice versa;

(i)    words importing a gender include any other gender;

(j)    a reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth as amended or replaced from time to time;

(k)    a reference to writing, or written, refers to any representation of words, figures or symbols capable of being rendered in a visible form; and

(l)    no provision of this Deed will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of this Deed or that provision.

3.             Scope of Deed

3.1       This Deed sets out the terms and conditions under which the Registrar has obtained and may maintain accreditation as a Registrar.

4.             Term

4.1       This Deed commences on the Commencement Date and, subject to this Deed, continues until terminated in accordance with clauses 5 or 25.

5.             Accreditation Procedures and Criteria

5.1 The Registrar acknowledges that it has been invited to enter into this Deed in accordance with the accreditation procedures published by the ACMA under subsection 3.1(5) of the Rules, which include the following criteria (the Accreditation Criteria):

(a)    capability to provide Registration Services, including a suitably qualified and experienced staff to deliver the Registration Services;

(b)    financial viability, to ensure the ongoing provision of Registration Services;

(c)    demonstrated commitment to developing the cabling provider industry; and

(d)    willingness and ability to comply with this Deed.

5.2       In order to maintain its accreditation, the Registrar must:

(a)    continue to satisfy the Accreditation Criteria;

(b)    comply with this Deed;

(c) comply with the arrangements for the operation of the system for the registration of cabling providers under the Rules;

(d)    comply with reasonable directions given by the ACMA relating to the Accreditation Criteria or this Deed; and

(e)    provide the Registration Services:

(i)    nationally, such that cabling providers throughout Australia are able to readily access the Registration Services provided by the Registrar, which at a minimum means that the Registrar must have representatives who can be contacted in each State and Territory;

(ii)    at a minimum, during Business Hours on each Business Day;

(iii)    by direct personal contact, mail, telephone, facsimile, email, internet and other electronic communications (as appropriate); and

(iv)    in accordance with the Service Levels.

5.3The Registrar must on request promptly provide the ACMA with any information it reasonably requires concerning the Registrar’s performance of its obligations under this Deed.

5.4       The ACMA may revoke the Registrar’s accreditation if:

(a)    the Registrar commits a material breach of the requirements of this clause 5;

(b)    the ACMA has given the Registrar written notice specifying that breach; and

(c)    the Registrar fails to remedy that breach to the ACMA’s reasonable satisfaction within 14 days of receipt of that notice, or such longer period as may be specified in the notice.

5.5       If the ACMA revokes the Registrar’s accreditation, then this Deed is terminated from the date of revocation.

5.6       If this Deed is terminated under clause 5.5 or clause 25 then the Registrar will cease to hold any accreditation from the date of termination of this Deed.

5.7       If:

(a)    the Registrar’s circumstances change and the Registrar considers that this may affect its ability to maintain its accreditation; or

(b)    the Registrar wants to significantly change some aspect of the manner of its operations regarding the Registration Services;

the Registrar must notify the ACMA about the change and the ACMA must make a decision in good faith about whether or not it remains appropriate for the Registrar to remain accredited.

5.8       If, under clause 5.7, the ACMA decides it is not appropriate for the Registrar to remain accredited:

(a)    the ACMA must immediately request the Registrar to provide the ACMA with adequate reasons as to why its accreditation should not be revoked; and

(b)    if in the ACMA’s reasonable opinion the Registrar’s response is unsatisfactory the ACMA must immediately notify the Registrar in writing that its accreditation is revoked to take effect from the date nominated in the notice.

6.             Consequences of Accreditation

6.1       Obtaining accreditation by the ACMA entitles the Registrar to:

(a)    represent to third parties that it has been accredited by the ACMA to provide Registration Services;

(b)    use the words “accredited by the Australian Communications and Media Authority” after the name of the Registrar on cabling provider registration cards; and

(c)    provide Registration Services to cabling providers.

6.2           The Registrar must not otherwise use the ACMA name.  

7.             Fees

7.1       The Registrar must only charge cabling providers for the provision of Registration Services on a cost recovery basis.

7.2       Charges on a cost recovery basis must be reasonably related to the expenses incurred or to be incurred by the Registrar in relation to the matters to which the charge relates.

8.             Persons who must not be Registered

8.1 The Registrar must not register a person as a cabling provider who does not meet the conditions of registration made under the Rules or whose registration has been suspended or revoked in the circumstances determined under the Rules.

8.2       The Registrar must not register a person as a cabling provider who has not correctly completed a registration form approved by the Registrar.

8.3       If the ACMA directs the Registrar to suspend or revoke or to subsequently cease suspension of or renew the registration of a cabling provider, the Registrar must do so immediately.

9.             Reporting to the ACMA

9.1       The Registrar must, within 15 Business Days of the end of each calendar quarter, provide an accurate Performance Report to the ACMA which must include the following information:

(a)    the performance of the Registrar against the Service Levels;

(b)    the number of registrations of cabling providers by the following categories:

(i)    new or renewal; and

(ii)    type of registration (that is, open, restricted, lift or other cabling work);

(c)    a reasonable estimate using an appropriate sampling system of:

(i)    the method of application (that is, in person, mail, facsimile, email, internet or other electronic communication); and

(ii)    industry sector (that is, telecommunications, lifts, security, fire, computing or other industry sector);

(d)    data concerning complaints, including:

(i)    the number of complaints received by the Registrar;

(ii)    source and nature of complaint;

(iii)    response time;

(iv)    if applicable, action taken to remedy the matter complained of;

(v)    if applicable, the complainant’s response to subparagraph (iv);

(vi)    service satisfaction reports, being the reports based on surveys developed to measure customer satisfaction with the Registrar’s services; and

(vii)    any other matter which the Registrar reasonably considers it important to bring to the ACMA’s attention.

9.2       The Registrar must, by 31 October of each year, complete an Annual Performance Report which must include the following:

(a)    Performance Reports provided under clause 9.1 compiled for the financial year; and

(b)    statistical analysis of the nature of complaints and other data concerning complaints received during the financial year.

9.3       The Registrar must, by 31 October of each year, complete an Annual Business Report which must include audited financial statements and reports of the Registrar for the financial year complying with relevant accounting standards.

9.4       The Registrar must, by 31 October of each year:

(a)    provide copies of the Annual Performance Report to the ACMA; and

(b)    provide copies of the Annual Business Report to the ACMA.

9.5       The ACMA may provide copies of:

(a)    the quarterly Performance Reports and Annual Performance Report to the Registrar Coordinating Committee; and

(b)    the Annual Performance Report to members of the public.

10.           Negation of Employment, Partnership and Agency

10.1       The Registrar is not by virtue of this Deed an officer, employee, partner or agent of the Commonwealth or the ACMA, nor does the Registrar have any power or authority to bind or represent the Commonwealth or the ACMA.

10.2       The Registrar agrees not to represent itself, and to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer, employee, partner or agent of the Commonwealth or the ACMA, or as otherwise able to bind or represent the Commonwealth or the ACMA.

11.           Audit

11.1       The ACMA may:

(a)    no more than once per year; or

(b)    if it has received a serious complaint in writing and after consultation with the Registrar;

require an audit, to be conducted by the Authorised Auditors, of the Registrar’s:

(c)    compliance with this Deed;

(d)    method and data used to work out the cost recovery basis for the provision of the Registration Services; and

(e)    financial records in relation to the Registration Services;

11.2       The Registrar must:

(a)    allow the Authorised Auditors reasonable access on reasonable notice during Business Hours on any Business Day to the Registrar’s personnel, premises, equipment, systems, records and documentation for the purposes of auditing the Registrar; and

(b)    cooperate fully with the Authorised Auditors and respond promptly to, and comply with, any reasonable request from them.

11.3       Within 10 Business Days after the Registrar receives a written report of any audit findings from the ACMA, the Registrar must respond to and address any issues reasonably identified by the ACMA that require a response from the Registrar.

11.4       If, as a result of a report under this clause 11, the ACMA takes the view that compliance with this Deed requires the Registrar to take certain actions, the ACMA may direct the Registrar to take those actions to so comply and the Registrar must take those actions within 10 Business Days of the direction.

11.5       The costs of all actions required under this clause 11 to be taken by the Registrar to remedy the problems identified by an Authorised Auditor are to be borne by the Registrar.

12.           Registrar not sole Registrar

12.1       This Deed does not mean that:

(a)    the Registrar has the right to be a sole supplier of Registration Services to cabling providers; or

(b)    any cabling provider will use the Registrar’s Registration Services.

12.2       The ACMA will advise each representative on the Registrar Coordinating Committee when a new application is received by the ACMA from a person who wishes to be appointed as an accredited Registrar in accordance with the provisions of this Deed.

13.           Registrar Coordinating Committee

13.1       The Registrar agrees that its Chief Executive Officer or person of equivalent authority or his or her authorised representative will participate in and support the Registrar Coordinating Committee and do all things reasonably necessary or convenient to assist the Committee to achieve its objectives.

13.2       The Registrar agrees to comply with any:

(a)    codes of practice;

(b)    auditing requirements; and

(c)    performance targets;

developed and agreed to by the Registrar Coordinating Committee.

13.3       The Registrar acknowledges that the Registrar Coordinating Committee may provide dispute resolution and conciliation and mediation services, and Committee members may assist the Registrar in complaints handling processes under clause 14.

14.           Complaints Handling

14.1       The Registrar must ensure that while this Deed remains in force, processes are in place under which:

(a)    a person can make an inquiry or complaint about the operation or management of the Registration Services by the Registrar in relation to themselves; and

(b)    an inquiry or complaint under paragraph (a) will be:

(i)    acknowledged as being received within 7 Business Days of receipt;

(ii)    properly considered and resolved by the Registrar within 40 Business Days after it was made; and

(iii)    if not resolved, referred to the Registrar Coordinating Committee or the ACMA for resolution.

14.2       The processes under clause 14.1 must:

(a)    be clear, transparent and accountable;

(b)    not affect the rights of a complainant to enter into legal proceedings; and

(c)    include a requirement to keep a central record of all written and verbal complaints received.

14.3       A review of any complaint made under clause 14.1 must be conducted by a member of the Registrar’s staff who:

(a)    was not involved in the matter complained of; and

(b)    is suitably qualified to deal with the matters raised by the complainant.

14.4       In respect of complaints alleging an interference with the privacy of an individual in respect of any services performed under this Deed, the Registrar must comply with clause 17.7.

14.5       The costs of all actions required under this clause 14 to be taken by the Registrar to resolve the complaint are to be borne by the Registrar.

15.           On‑line Access

15.1       The Registrar must provide the ACMA with secure on‑line access to the entire Database, including access to tools for searching, filtering and sorting records.

15.2       The Registrar must provide limited public access to the Database on‑line by electronic means. Such access must include the following details about registered cabling providers:

(a)    name; and

(b)    registration type; and

(c)    registration number;

and may include, with the consent of the cabling provider:

(d)    contact details (such as current home and work street and postal addresses, telephone numbers, email addresses and internet website addresses).

15.3       The Registrar may only provide facilities for making applications by cabling providers for registration on‑line by electronic communications if public key technology is used to guarantee the security and integrity of such applications.

16.           Confidential Information

16.1       The Registrar must not, without the prior written approval of the ACMA, disclose to any person other than the ACMA, any information marked confidential or expressed as being given in confidence to the Registrar by the ACMA. In giving written approval the ACMA may impose such terms and conditions as it thinks fit.

17.           Personal Information

17.1       The Registrar:

(a)    agrees to abide by the Privacy Act 1988, including the Information Privacy Principles, as if it were an agency of the Commonwealth and the National Privacy Principles; and

(b)    must, in the course of providing Registration Services to cabling providers, comply with the obligations set out in this clause 17 in light of its obligation under paragraph (a).

17.2       The Registrar must ensure that any of its employees or any subcontractor who requires access to any Personal Information held in connection with this Deed:

(a)    is informed that they must not access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations or when acting pursuant to any requirements of or directions given by the ACMA; and

(b)    is informed that failure to comply with this requirement:

(i)    may be a criminal offence; and

(ii)    may also lead the Registrar to take disciplinary action against the employee or legal action against the subcontractor, as the case may be;

before they get access to that Personal Information.

17.3       The Registrar must, in respect of any Personal Information held in connection with this Deed (including the provision of Registration Services), immediately notify the ACMA where the Registrar becomes aware of a breach of clause 17.1 or 17.2.

17.4       The Registrar must in respect of any Personal Information held in connection with this Deed cooperate with any reasonable requests or directions of the ACMA arising directly from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 or otherwise, including but not limited to the issuing of any guidelines concerning the handling of Personal Information.

17.5       The Registrar acknowledges that:

(a) any unauthorised access or modification or impairment to access, or use, of Personal Information stored in any computer, in the course of performing this Deed, may constitute an offence under Part 10.7 of the Criminal Code Act 1995; and

(b) the publication or communication of any fact or document by a person which has come into their knowledge or into their possession or custody by virtue of the performance of this Deed, other than to a person to whom the Registrar is authorised to publish or disclose the fact or document, may be an offence under section 70 of the Crimes Act 1914, the maximum penalty for which is 2 years imprisonment.

17.6       The Registrar indemnifies the ACMA in respect of any direct or indirect liability, loss or expense which is incurred and which arises out of or in connection with a breach of the obligations of the Registrar or its employees or any subcontractor under clauses 17.1 to 17.5 except to the extent that the liability, loss or expense was caused by an act or omission of the ACMA.

17.7       A complaint alleging an interference with the privacy of an individual in respect of any services performed under this Deed must be handled by the Registrar in accordance with the following procedures:

(a)    where the Registrar receives a complaint alleging an interference with the privacy of an individual by the Registrar or its employees or any subcontractor, it shall immediately notify the ACMA of the nature of the complaint;

(b)    after the ACMA has been given notice in accordance with paragraph (a), the Registrar must keep the ACMA informed of all progress with the complaint; and

(c)    at the ACMA’s request, the Registrar must transfer the handling of the complaint to the ACMA.

18.           Intellectual Property

18.1       The Registrar acknowledges and agrees that title and ownership of all Intellectual Property in the Database vests or will vest in the Commonwealth upon its creation by the Registrar, and the Registrar assigns to the Commonwealth all (including any future) Intellectual Property in the Database. 

18.2       Subject to clause 18, the Commonwealth grants the Registrar a non‑exclusive, non‑transferable, royalty‑free, world‑wide licence during the term of this Deed to use the Database for the sole purpose of providing the Registration Services in accordance with this Deed.

18.3       If this Deed is terminated, the Registrar agrees to return the Database and all derivatives and copies of it to the Commonwealth.

18.4       The Registrar agrees to provide the ACMA with a complete and current copy of the Database in Microsoft Access format along with each quarterly report provided to the ACMA under clause 9.1.

18.5       The Registrar must do all things necessary (including, where requested in writing by the Commonwealth, the entering into a Deed of Assignment of Intellectual Property with the Commonwealth) to confirm that title to and ownership of those Intellectual Property rights passes to the Commonwealth on the date the Intellectual Property rights were created.

18.6       The Registrar must not at any time do anything or cause anything to be done that would prejudice the right, title and interest of the Commonwealth in any of the Intellectual Property rights of the Commonwealth that are used by the ACMA.

19 Archives Act

19.1       The Registrar agrees to comply with Part V and related provisions of the Archives Act 1983 as if it were a Commonwealth agency in respect of all records held by the Registrar in relation to the Registration Services.

19.2       The Registrar agrees to comply with any direction of the ACMA for the purpose of transferring Commonwealth records to the National Archives of Australia or providing the National Archives of Australia with full and free access to those records.

19.3       This clause 19 will continue to have effect after the termination of this Deed.

20.           Compliance with Laws

20.1       The Registrar must in carrying out its obligations in connection with this Deed comply with the provisions of any relevant statutes, regulations, by‑laws and requirements of any Commonwealth, State, Territory or local authority, including:

a.the Crimes Act 1914;

b.Criminal Code Act 1995;

c.Racial Discrimination Act 1975;

d.Sex Discrimination Act 1984;

e.Disability Discrimination Act 1992;

f.Electronic Transactions Act 1999; and

any other applicable legislation dealing with electronic transactions.

21.           Compliance with Standards and Validation of Registrations

21.1       In carrying out its obligations under this Deed the Registrar must comply with the Australian Standard on Records Management AS4390 (including requirements to keep registration records safe, secure and filed in a logical order) and any other applicable Australian Standards notified to the Registrar by the ACMA.

21.2       The provision of the Registration Services must substantially comply with world’s best practice in the provision of comparable services.

21.3       The Registrar must validate the information on 100% of all registration forms submitted each financial year to the Registrar. If the information is incorrect or if the Registrar believes that there is a discrepancy in the information, the Registrar must immediately notify the ACMA of this and the details of the cabling provider to which the registration form relates.

22.           Warranties

22.1       The Registrar warrants that:

(a)    use by the Commonwealth or the ACMA (including its officers, employees, agents and subcontractors) of any material created and then provided by the Registrar to the ACMA under this Deed will not infringe the Intellectual Property rights or Moral Rights of any person; and

(b)    the Registrar will perform its responsibilities under this Deed in a manner that does not infringe the Intellectual Property rights or Moral Rights of the Commonwealth or any third party.

22.2       The Registrar warrants and represents to the ACMA that:

(a)    the Registrar’s execution, delivery and performance of this Deed will not constitute:

(i)    a violation of any judgment, order or decree;

(ii)    a default under any contract by which it or any of its assets are bound; or

(iii)    an event that would, with notice or lapse of time, or both, constitute such a default;

(b)    the Registrar is duly constituted or registered as a corporation under the Corporations Act 2001;

(c)    the constituting documents of the Registrar empower the Registrar to enter into this Deed and to do all things which it can reasonably contemplate will be required by this Deed;

(d)    all necessary corporate approvals have been obtained by the Registrar to render this Deed binding on, and legally enforceable against, the Registrar in accordance with its terms;

(e)    it will immediately notify the ACMA of the occurrence of, or the pending or threatened occurrence of, an event of which it is aware that may cause or constitute a breach of any of the representations, warranties or covenants contained or made in connection with this Deed, including without limitation, any event that may result in a material adverse change in the business of the Registrar or may affect the financial viability of the Registrar’s business;

(f)    it has disclosed to the ACMA prior to the execution of this Deed details of any litigation or proceeding whatsoever, actual or threatened, against the Registrar that may have an adverse effect on the ability of the Registrar to provide the Registration Services and these disclosures are true and correct as at execution; and

(g)    any additional issues of the kind described in paragraph (f) that arise from time to time subsequent to the execution of this Deed will be disclosed by the Registrar to the ACMA at all relevant times throughout the term of this Deed.

23.           Indemnity

23.1       The Registrar indemnifies at all times and holds harmless the Commonwealth and the ACMA (including its employees, agents or subcontractors) from and against any loss or liability that may be or is incurred by the Commonwealth and the ACMA as a result of a claim made or threatened by a third party where that loss or liability was caused by:

(a)    a breach of this Deed;

(b)    a wilful, unlawful or negligent act or omission, in connection with this Deed by the Registrar, its employees, agents or subcontractors; or

(c)    an item provided by the Registrar to cabling providers infringing the Intellectual Property rights of a third party.

23.2       Where the Commonwealth or the ACMA wishes to rely on this indemnity it must give the Registrar written notice as soon as practicable after suffering the loss or liability.

23.3       The ACMA indemnifies the Registrar from and against any loss or liability that may be or is incurred by the Registrar as a result of a direction given by the ACMA to the Registrar under clause 8.3.

23.4       Each indemnity in this Deed is a continuing indemnity, separate and independent from the other obligations of the Parties, and survives termination and repudiation of this Deed.

24.      Moral Rights

24.1       If the Registrar its officers, employees, agents or subcontractors, either jointly or individually, are authors of works made or to be made in the course of performing this Deed, which entitles them individually or jointly to certain Moral Rights under Part IX of the Copyright Act 1968, then the Registrar either individually or jointly is deemed to have given its consent in writing by this Deed to acts or omissions of the Commonwealth and the ACMA which would otherwise infringe a Moral Right of each of them individually or jointly.  The Registrar warrants and acknowledges that it is its sole responsibility to obtain all written consents if required under Part IX of the Copyright Act 1968, and relieves the Commonwealth and ACMA of any liability, financial or otherwise.

24.2 For the purposes of this clause 24, “attributable acts” or “specified acts” of infringement in relation to Moral Rights under Part IX of the Copyright Act 1968 means the following classes or types of acts or omissions by or on behalf of the Commonwealth and the ACMA:

(a)    those which would, but for this clause 24, infringe the author’s right of attribution of authorship;

(b)    those which would, but for this clause 24, infringe the author’s right of integrity of authorship;

but does not include those which would infringe the author’s Moral Right against false attribution.

24.3       The Registrar indemnifies the Commonwealth and the ACMA from and against any legal liability, claim, loss or damage (including legal costs) arising directly or indirectly through any claim of infringement of any Moral Rights by the Registrar, its officers, employees, agents, approved subcontractors and/or authorised personnel on account of the provision and performance of the Registration Services under this Deed.

25.           Termination

25.1       Each of the following is a Default Event:

(a)    the Registrar commits a breach of this Deed which is capable of being remedied but the breach continues for more than 14 days after the Registrar is given a notice by the ACMA requiring the breach to be remedied;

(b)    the Registrar commits a breach of this Deed which cannot be remedied, which breach is, in the reasonable opinion of the ACMA, a serious breach of this Deed;

(c)    a controller or a managing controller is appointed in respect of the whole or any part of the assets or undertakings of the Registrar;

(d)    a summons or other process seeking orders which, if granted, would render the Registrar an externally‑administered body corporate or insolvent under administration, is filed and is not withdrawn within 14 days;

(e)    a conflict of interest arises in the performance of the Registrar’s obligations under this Deed which, in the reasonable opinion of the ACMA, significantly affects the interests of the ACMA.

25.2       Without limiting clauses 5.4, 5.5 and 5.6 and without prejudice to any other right or remedy that the ACMA has, if any Default Event occurs the ACMA may terminate this Deed by giving 30 days’ written notice to the Registrar.

25.3       After a period of 6 months from the Commencement Date, a Party may terminate this Deed at any time by giving 3 months’ written notice to each of the other Parties.

26.           Consequences of Termination

26.1       If the Registrar:

(a)    receives a Termination Notice under clause 25.2 or 25.3; or

(b)    issues a Termination Notice under clause 25.3;

then, from the date it receives or issues the Notice, the Registrar must:

(c)    not accept any further applications for registration from cabling providers;

(d)    continue to provide the other Registration Services in accordance with this Deed until transfer under paragraph (e);

(e)    co‑operate with the ACMA and any relevant third parties to achieve a seamless transfer of cabling provider registrations, the Database and the Registration Services to another accredited registrar of Registration Services;

(f)    apart from the version of the Database transferred under paragraph (e) and unless the ACMA otherwise directs, return all copies of the Database (including derivatives of it) to the ACMA.

26.2 The ACMA may give written directions to the Registrar that are within the scope of the Rules and reasonably relate to paragraphs 26(1) (c) to (f) on any matter arising out of the termination of this Deed and the Registrar must comply with those directions.

26.3       If this Deed is terminated, the accrued rights of the Parties remain unaffected except to the extent that the Parties expressly agree otherwise.

27.           Dispute Resolution

27.1       Subject to clause 27.4, before resorting to external dispute resolution mechanisms, the Parties shall attempt to settle by negotiation any dispute in relation to this Deed including by referring the matter to personnel who may have authority to intervene and direct some form of resolution.

27.2       If a dispute is not settled by the Parties within 15 Business Days of a Party first sending to the other Party written notice that they are in dispute, the dispute may be the subject of court proceedings or may be submitted to some alternative dispute resolution mechanism as may be agreed in writing between the Parties.

27.3       Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations under this Deed.

27.4       A Party may commence court proceedings relating to any dispute arising from this Deed at any time where that Party seeks urgent interlocutory relief.

28.           Variation of Deed

28.1       This Deed shall not be varied except by agreement in writing signed by the  Parties to this Deed.

29.           Assignment

29.1       A Party may not assign in whole or in part this Deed without the prior written consent of the other Parties.

30.           Waiver

30.1       The failure of a Party to enforce any of its rights under this Deed shall in no way be interpreted as a waiver of its rights under this Deed.

31.           Entire Agreement

31.1       This Deed constitutes the entire agreement between the Parties and supersedes all prior representations, statements, understandings, or agreements relating to the subject matter, whether verbal or in writing, of this Deed.

32.           Subcontracting

32.1       The Registrar may not subcontract any part of the provision of the Registration Services apart from:

(a)    providing communications and mailings to cabling providers of information relevant to their registration; and

(b)    maintenance of the Database;

without the written approval of the ACMA.

32.2       If the ACMA consents to work being performed by a subcontractor the Registrar:

(a)    is in no way relieved from performing its obligations under this Deed;

(b)    must ensure that the subcontractor is aware of the provisions of this Deed relevant to the work to be performed by the subcontractor; and

(c)    must include a right of termination of the kind in clause 25.

32.3       The ACMA has the power to reasonably request withdrawal and replacement of any subcontractor.

33.           Applicable Law and jurisdiction

33.1       This Deed shall be subject to and construed in accordance with the laws in force in the Australian Capital Territory.

33.2       The parties to this Deed submit to the jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.

34.           Conflict of Interest

34.1       The Registrar warrants that, to the best of its knowledge and after making diligent inquiries, at the date of execution of this Deed no conflict of interest exists or is likely to arise in the performance of its obligations under this Deed.

34.2       The Registrar must promptly notify the ACMA if a conflict of interest arises, or appears likely to arise, during the course of this Deed, and must take any action directed by the ACMA to avoid or minimise such conflict.

35.           Survival of Clauses

35.1       If this Deed is terminated for any reason, those clauses that are necessary for the Parties to effectively exercise their rights, and discharge their obligations and responsibilities to each other so as to comply with clauses 11, 16, 17, 19, 22, 23, 26, 30, 33 36 and 38 (and any other provision which expressly or by implication from its nature is intended to continue) will survive the termination of this Deed.

36.           Insurance

36.1       The Registrar must, for so long as any obligations remain in connection with this Deed, effect and maintain the following insurance with an insurance company approved by the ACMA:

(a)    a broad form public liability policy to the value of at least $20 million in respect of each claim;

(b)    professional indemnity insurance to the value of at least $10 million in respect of each claim; and

(c)    worker’s compensation insurance in accordance with applicable legislation.

36.2       On request, the Registrar must produce to the ACMA a certificate evidencing that the Registrar has effected and renewed a particular insurance policy, such as a certificate of currency.

37.           Severability

37.1       Each provision of this Deed and each part of this Deed shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or part.

37.2       If any provision or part thereof is void or otherwise unenforceable for any reason then that provision shall be read and construed as if the severed provision or part had never existed.

38.           Liability

38.1       While the primary relationship under this Deed is between the Commonwealth as represented by the Chief Executive of the ACMA and the Registrar, it is acknowledged that the Registrar is controlled by the Controlling Entities that are Parties to this Deed, and the Controlling Entities agree that, despite any statement to the contrary in this Deed, they will each be jointly and severally liable with the Registrar for any breach of this Deed by the Registrar (including any breach of paragraphs 26.1(c) to (f) after the receipt or issue of a Termination Notice).

38.2       Without limiting clause 38.1, the Controlling Entities’ joint and several liability includes:

(a)    all costs associated with transferring the Database to another accredited registrar if this is necessary as a result of a breach of this Deed by the Registrar; and

(b)    losses, damages and expenses of the Commonwealth and the ACMA resulting from a breach of this Deed by the Registrar.

39.           Notices

39.1       Any notice, advice, undertaking or agreement given under this Deed must be in writing.

39.2       The address for service of notice of each Party is as follows (unless otherwise advised by the relevant Party):

Address of the ACMA:

The Australian Communications and Media Authority

Level 44, 360 Elizabeth Street

Melbourne Victoria 3000

Address of Registrar:

[insert address]

39.3       A notice under this Deed is deemed to have been given:

(a)    if it is delivered by hand or registered post – on the date upon which it is delivered and a receipt obtained;

(b)    if it is delivered by ordinary post – 4 days after it is posted if not returned undelivered;

(c)    if transmitted by facsimile transmission – when the sender receives confirmation of a successful transmission; and

(d)    if transmitted by email – when the sender receives confirmation that the email has been opened.

39.4       If delivery of a notice occurs on a day on which business is not normally conducted in the place of receipt, or it is received later than 4.00 pm local time, it will be deemed to be given on the next Business Day.

EXECUTED AS A DEED

SIGNED SEALED AND DELIVERED
for and on behalf of
[insert name and ACN/ABN details]
by authority of the Directors:

(Print name of Director)

(Print name of Director/Secretary)

(Signature of Director)

(Signature of Director/Secretary)

SIGNED SEALED AND DELIVERED                   )
for and on behalf of the   )
COMMONWEALTH OF AUSTRALIA by            )
   )

[Insert name details]   )   .....................................         

[Insert position details]   )   Signature
Australian Communications and Media Authority  )
ABN 55 386 169 386   )
in the presence of:   )
   )
.................................................................               )   ...................................
(Print witness name)   Signature of witness

Schedule 3        Cabling Registration Declaration Open/Restricted/Lift

(paragraph 14 (2) (a), section 15)

I, [name]......................................................................................................, make the following declaration under section 15 of the Arrangements for Operation of the Registration System (No. 3).

Part 1 – Declaration

I have read the explanatory guide to the Telecommunications Cabling Provider Rules 2000 (CPRs) and understand my rights and responsibilities under the CPRs. I declare that I will comply with the CPRs.

I declare that I have met the relevant competency requirements for the specific type of cabling work that I will perform, or supervise the performance of.

I declare that the information provided by me in this application is true and correct
in every detail and I understand that the information provided may be subject to audit. I also declare that the enclosed supporting documents are true copies of the original documents.


Part 2 – Declaration of relevant cabling experience

(For applicants whose training pathway requires 600 hours (Open Cabling Work) or 400 hours (Restricted Cabling Work) of cabling experience to be attained over a period not exceeding 2 calendar years) [delete Part 2 (Declaration of relevant cabling experience) if it is inapplicable]

I declare that I have attained the relevant cabling experience for the type of cabling work that I will perform, or supervise the performance of.

I acknowledge that relevant cabling experience means experience in the installation
of cabling such as telecommunications, electrical, data, security alarm, fire alarm, or lift cables, and does not include:


(i)         the design or supervision of cabling work; or

(ii)        cabling work performed using pre‑terminated cabling, such as extension leads and patching.

Signed:  .............................................................................................

*          Giving false or misleading information is a serious offence.

Notes to the Arrangements for the Operation of the Registration System (No. 3)

Note 1

The Arrangements for the Operation of the Registration System (No. 3) (in force under subsection 3.1 (1) of the Telecommunications Cabling Provider Rules 2000) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Arrangements for the Operation of the Registration System (No. 3) 7 Oct 2009 (see F2009L03732) 8 Oct 2009
Arrangements for the Operation of the Registration System (No. 3) Amendment 2012 (No.1) 1 May 2012 (see F2012L00967) 1 July 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1
S. 4A....................................... ad. 2012 No. 1
Part 2
S. 7......................................... rs. 2012 No. 1
Part 9
Part 9 ..................................... ad. 2012 No. 1
S. 20....................................... ad. 2012 No. 1
S. 21....................................... ad. 2012 No. 1
S. 22....................................... ad. 2012 No. 1
S. 23....................................... ad. 2012 No. 1
Schedule 1
Schedule 1............................ rs. 2012 No. 1
Schedule 3
Schedule 3............................ rs. 2012 No. 1
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