Explanatory Statement
Issued by the authority of the Australian Communications and Media Authority
Telecommunications (Approving Bodies) Determination 2007
Telecommunications Act 1997
Purpose
The purpose of the determination is to revoke the Telecommunications (Approving Bodies) Determination No. 1 of 1997 and to make a new determination in the name of the Australian Communications and Media Authority rather than the former Australian Communications Authority.
Further, the purpose of the determination is to change the title of the person appointed as an Approving Body for the purposes of determining a certification body to the current position title within the Australian Communications and Media Authority of Executive Manager, Regulation and Compliance Branch.
Legislative Provisions
The Telecommunications (Approving Bodies) Determination 2007 (the Determination) is made under section 410(1) of the Telecommunications Act 1997 (the Act).
Section 410(1) of the Act allows ACMA to make a determination that a specified person or association is an Approving Body. Section 410(2) of the Act allows an Approving Body to determine that a specified person or association is a certification body.
Background
The current telecommunications customer equipment regulatory regime allows for the use of a certification body in certain circumstances where test laboratories are unavailable to test to specific standards.
A statement of compliance from a certification body is one method a supplier of customer equipment might use to assist in demonstrating that their equipment is compliant with standards made under the telecommunications regulatory arrangements.
An Approving Body is required to determine a certification body under section 410(2) of the Telecommunications Act 1997.
Regulation Impact
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Determination has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement.
Consultation
This updating of the existing Determination to make current the title of the position of the person determined as an Approving Body is of a minor and machinery nature, and does not alter existing arrangements. Accordingly, no public consultation has been undertaken.
Notes on the instrument
Section 1 – Name of Determination
Section 1 provides that the Determination is the Telecommunications (Approving Body) Determination 2007.
Section 2 – Commencement
Section 2 sets out that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Telecommunications (Approving Bodies) Determination No.1 of 1997 – revocation
Section 3 revokes the Telecommunications (Approving Bodies) Determination No.1 of 1997.
Section 4 – Determination of Approving Bodies
Section 4 provides that a person for the time being holding, occupying or performing the duties of the position of Executive Manager, Regulation and Compliance Branch, Australian Communications and Media Authority is an approving body for the purposes of subsection 410(1) of the Telecommunications Act 1997.
Overview
The Telecommunications (Approving Bodies) Determination 2007, enacted under the authority of the Australian Communications and Media Authority (ACMA), serves to update and replace the previous Telecommunications (Approving Bodies) Determination No. 1 of 1997. This determination addresses the need to modernise the regulatory framework governing the appointment of approving bodies within the telecommunications sector, ensuring that the roles and responsibilities are aligned with the current structure of ACMA. The policy objective is to streamline and formalise the process by which certification bodies are approved, thereby maintaining the integrity and efficacy of the telecommunications customer equipment regulatory regime. The determination was made in accordance with section 410(1) of the Telecommunications Act 1997 and has no significant regulatory impact, as assessed by ACMA.
Scope and Application
The Telecommunications (Approving Bodies) Determination 2007 applies to the Australian Communications and Media Authority (ACMA) and specifically designates the Executive Manager of the Regulation and Compliance Branch within ACMA as an Approving Body under section 410(1) of the Telecommunications Act 1997. This determination revokes the previous Telecommunications (Approving Bodies) Determination No. 1 of 1997, updating the title of the position responsible for approving certification bodies, which are entities that can assist in certifying compliance of telecommunications equipment with relevant standards. The determination has a national jurisdictional reach and is limited to the machinery aspects of designating an approving body without altering the existing regulatory arrangements or impacting business costs, as determined by ACMA. There are no exclusions or exemptions mentioned in the determination, and it does not introduce any new thresholds. The application of this determination can be extended or modified through subordinate instruments, although the current determination itself does not specify such provisions.
Key Provisions
The Telecommunications (Approving Bodies) Determination 2007 (the Determination) establishes the framework for the approval of bodies that can certify compliance with telecommunications standards. Under section 410(1) of the Telecommunications Act 1997 (the Act), the Australian Communications and Media Authority (ACMA) has the authority to designate an individual or entity as an Approving Body, which has the further responsibility under section 410(2) of the Act to determine certification bodies. The Determination specifically designates the Executive Manager, Regulation and Compliance Branch, within ACMA, as the approving body responsible for this function.
The obligations imposed by this Determination on the designated approving body include ensuring that any certification bodies they approve are capable and compliant with relevant standards and regulatory requirements. This involves a rigorous process of assessment and oversight to verify that the certification bodies meet the necessary criteria for their role in the telecommunications sector. The approving body must also keep abreast of any changes in the regulatory environment or standards that may affect the certification process and adjust their practices accordingly.
Failure to comply with the provisions of the Determination can result in serious consequences. While the specific penalties are not outlined in the Determination itself, breaches of the Telecommunications Act 1997 can lead to both civil and criminal penalties. Civil penalties may include substantial fines, while criminal penalties could involve imprisonment, reflecting the seriousness with which non-compliance is treated. The exact penalties would depend on the specific breach and the discretion of the courts. It is crucial for the approving body to adhere strictly to the requirements set forth to avoid any legal repercussions.