Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00260 Not in force Legislative Instrument

Legislation content

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Notice under section 407 of the Telecommunications Act 1997.

Dated         12  March 2003                                                                                                                                                                                                                                                                                                                                                                                                A.J SHAW                                                                                              Chair                                                                                                                                                                                                                                                                                                                                                                                      R HORTON                                                                               Deputy Chair

Australian Communications Authority

 

1 Name of Notice

  This Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1).

2 Commencement

  This Notice commences on gazettal.

3 Amendment of Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001

  Schedule 1 amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

Schedule 1 Amendments

(section 3)

Do not delete: Schedule Part Placeholder

[1] Section 1.4, definition of declaration of conformity

substitute

declaration of conformity means a declaration that:

 (a) for equipment other than disability customer equipment:

 (i) is in the form set out in Schedule 5; or

 (ii) contains the information required in the form set out in Schedule 5 (whether or not the declaration includes other material); and

 (b) for disability customer equipment:

 (i) is in the form set out in Schedule 5A; or

 (ii) contains the information required in the form set out in Schedule 5A (whether or not the declaration includes other material).

Note   Suppliers are not required to copy the declaration in Schedule 5 or 5A. They may create and submit their own forms which must contain, as a minimum, the information mentioned in Schedule 5 or 5A.

[2] Section 1.4, after definition of description of the item

insert

disability has the meaning given by section 4 of the Disability Discrimination Act 1992.

disability customer equipment means customer equipment that:

 (a) is for use by a person with a disability; and

 (b) has at least 1 feature:

 (i) that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network; and

 (ii) that is not a feature mentioned in the Telecommunications Disability Standard (Requirements for Customer Equipment for use with the Standard Telephone Service  Features for special needs of persons with disabilities AS/ACIF S040) 2002; and

 (c) can connect only to the analogue public switched telephone network.

disability representative body means a body that:

 (a) represents a group of persons with a disability; and

 (b) is funded by the department administered by the Minister with administrative responsibility for family and community services; and

 (c) is listed on the ACA website as a disability representative body.

 [3] After subsection 1.5 (4)

insert

 (5) If the item is an item of disability customer equipment, the compliance records include a written statement from a disability representative body to the effect that the equipment has a feature that will assist a person with a disability to access a service supplied over the analogue public switched telephone network.

[4] Subparagraph 1.6 (d) (ii)

omit

1997.

insert

1997;

[5] After paragraph 1.6 (d)

insert

 (e) if the item is an item of disability customer equipment, a description of each feature of the equipment that is designed to assist a person with a disability to access a service supplied over the analogue public switched telephone network.

 [6] Part 4, after Division 4.3

insert

Division 4.4 Additional requirements for disability customer equipment

4.8 Labelling disability customer equipment

 (1) This section applies in relation to disability customer equipment.

 (2) The supplier must complete a declaration of conformity as set out in Schedule 5A.

[7] Schedule 1, Part 2, after category A50

insert

 

A51

Disability customer equipment

ACA TS001-1997

3

 

22

AS/ACIF S002 – 2001, clause 5.1.8

2

 

22

AS/ACIF S004 2001, clauses 5.4.3.5 and 5.4.3.6

2

 

22

[8] Schedule 1, Part 2, after note 21

insert

Note 22   An item that meets the applicable standards mentioned in category A51 is not required to meet the applicable standards mentioned in categories A1 and A2.

[9] Schedule 4A, at the end

insert

 

  • For Southern Queensland Region

(including Brisbane and Rockhampton):

Australian Communications Authority

PO Box 288

Red Hill QLD 4059

Fax: (07) 3247 7100

Email: sqro@aca.gov.au

 

  • For Western Australian Region

Australian Communications Authority

PO Box 6189

East Perth WA 6892

Fax: (08) 9461 2100

Email: waro@aca.gov.au

[10] After Schedule 5

insert

Schedule 5A Declaration of conformity disability customer equipment

(section 1.4)

 

As required by a Notice under section 407 of the Telecommunications Act 1997.

 

GUIDELINES AND INSTRUCTIONS FOR COMPLETION

 

This form, once completed, must be included in the compliance record for the customer equipment (paragraph 1.5 (1) (b)). 

A copy of this form must be sent to the ACA at the following postal address, facsimile number or email address.

The Compliance Manager

Telecommunications Standards Team

Australian Communications Authority

PO Box 13112

Law Courts

MELBOURNE  VIC  8010.

Fax: (03) 9963 6970

Email: comply.label@aca.gov.au

 

SUPPLIERS DETAILS

Name of Manufacturer, Importer or Agent

 

ACA Supplier Code Number, or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Australian Business Number (ABN), or

Address of Manufacturer, Importer or Agent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Australian Company Number (ACN)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISABILITY CUSTOMER EQUIPMENT  DETAILS

 

Disability customer equipment

 

Feature or features of the disability customer equipment

 

For each feature, the disability that the feature is designed to assist

 

 

DISABILITY REPRESENTATIVE BODY STATEMENT

 

Disability representative body

I am satisfied that one of the features of the disability customer equipment mentioned above will assist a person with a disability to access a service supplied over the analogue public switched telephone network.

Name

Position in Organisation

Signature

Date

 

 

APPLICABLE STANDARDS

 

Standard Title, Number and if applicable the Test Report Number

 

 

 

 

 

 

 

 

 

 

 

 

 

SUPPLIERS DECLARATION

 

I declare that the disability customer equipment mentioned above complies with the standards mentioned above and that all disability customer equipment supplied under this Declaration will be identical to the sample identified above.

I declare that I will supply not more than 50 items of the disability customer equipment mentioned above in a calendar year.

Name

Position in Organisation

Signature

Date

 

Overview

The Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1) was enacted by the Australian Communications Authority under section 407 of the Telecommunications Act 1997. This legislation aimed to address gaps and provide clarity in the labelling requirements for telecommunications customer equipment and cabling, particularly in relation to disability customer equipment. The policy objective of this amendment notice was to ensure that equipment designed for persons with disabilities is accurately labelled and compliant with the necessary standards, facilitating better accessibility and service for these individuals. By amending the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, the notice introduced new definitions and requirements specific to disability customer equipment, ensuring it meets the unique needs of people with disabilities while adhering to the specified standards and protocols.

Scope and Application

The Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1) is an instrument made under section 407 of the Telecommunications Act 1997. This Notice applies to suppliers of customer equipment and customer cabling, with a specific focus on disability customer equipment, which refers to equipment intended for use by people with disabilities and designed to assist them in accessing services over the analogue public switched telephone network. The Notice amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, providing additional requirements and definitions related to disability customer equipment, including the need for a declaration of conformity and the involvement of disability representative bodies. The Notice also introduces new labelling requirements for disability customer equipment and specifies submission details for the declaration of conformity to the Australian Communications Authority. This amendment applies nationally, affecting all suppliers of customer equipment and cabling within Australia, with the geographic reach extending to all states and territories. The Notice does not specify any exclusions or exemptions but introduces thresholds for the number of items a supplier can declare conformity for in a calendar year, which is capped at 50 items. The application of this Notice can be extended or restricted through subordinate instruments, allowing for further specifications and updates as needed.

Key Provisions

The Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2003 (No. 1) makes significant changes to the existing Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, focusing on the labelling and compliance requirements for disability customer equipment. Section 1.4 of the amended Notice redefines the term "declaration of conformity" to include specific forms for standard and disability customer equipment, as outlined in Schedules 5 and 5A, respectively (sections 1.4 and 4.8). The term "disability" is also defined in the context of this Notice, as per section 4 of the Disability Discrimination Act 1992, and further clarifies the meaning of "disability customer equipment" and "disability representative body" (section 1.4). The Notice imposes several obligations on suppliers of telecommunications equipment, particularly those involved with disability customer equipment. For instance, suppliers must ensure that their equipment complies with the standards mentioned in the appropriate schedules and that they include a declaration of conformity in their compliance records (section 1.5(1)(b)). Additionally, if the equipment is disability customer equipment, suppliers must obtain a written statement from a disability representative body confirming that the equipment has features designed to assist people with disabilities in accessing services over the analogue public switched telephone network (section 1.5(4)(5)). Furthermore, suppliers must provide a detailed description of each feature of the disability customer equipment that assists persons with disabilities (section 1.6(d)(e)). The Notice also outlines specific penalties and consequences for non-compliance. Although the specific penalties are not detailed within the Notice, the overarching legislation, the Telecommunications Act 1997, provides a framework for penalties. Generally, breaches of telecommunications regulations can result in substantial fines and potential legal action. The seriousness of the breach, the extent of non-compliance, and any harm caused to consumers or the telecommunications network will influence the severity of the penalties imposed. It is imperative for suppliers to adhere strictly to the labelling and compliance requirements to avoid these repercussions.

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Telecommunications Law
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