Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2022L01624 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Telecommunications Act 1997

Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022

Authority

The Australian Communications and Media Authority (the ACMA) has made the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022 (the Standard) under subsection 376(1) of the Telecommunications Act 1997 (the Act) and subsection 33(3) of the Acts Interpretations Act 1901 (the AIA).

Subsection 376(1) of the Act provides that the ACMA may, by written instrument, make a technical standard relating to specified customer equipment or specified customer cabling.

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and operation of the Standard

Background

The ACMA is responsible for technical regulation of telecommunications customer equipment and customer cabling under Part 21 of the Act.

The regulatory arrangements include:

  • technical standards made by the ACMA under section 376 of the Act (technical standards);
  • the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 (the Telecommunications Labelling Notice), made by the ACMA under subsection 407(1) of the Act; and
  • the provisions in the Act (including offence provisions) which apply in relation to the supply and connection of customer equipment and customer cabling.

Technical standards apply to items of specified customer equipment or specified customer cabling and consist only of such requirements as are necessary or convenient to achieve one or more of the objectives set out in subsection 376(2) of the Act. Those objectives include:

  • protecting the integrity of a telecommunications network or a facility;
  • protecting the health and safety of persons who are reasonably likely to be affected by the operation of a telecommunications network or a facility;
  • ensuring that customer equipment can be used to give access to an emergency call service; and
  • ensuring, for the purposes of the supply of a standard telephone service or other carriage service, the interoperability of customer equipment with a telecommunications network. 

Section 377 of the Act provides that, in making a technical standard under section 376, the ACMA may apply, adopt, or incorporate (with or without modification) any matter contained in a standard proposed or approved by Standards Australia or by any other body or association, as in force or existing at a particular time or as in force or existing from time to time.

A technical standard typically requires an item to comply with all or one or more parts of an adopted industry standard, in relation to the item, as in force or existing at one of the times specified for the item.

Where a technical standard is an applicable technical standard (within the meaning of the Telecommunications Labelling Notice) in relation to an item, the item must be labelled before it is supplied to the Australian market, indicating whether the item complies with the technical standard. The item cannot be connected to a telecommunications network or a facility unless the item complies with each applicable technical standard in relation to the item. 

The basis for the Standard

The ACMA has made the Standard to repeal and replace the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2018 (the Mobile Equipment Standard 2018).

The Mobile Equipment Standard 2018, while in force, applied to any item of customer equipment that was designed or intended for use in connection with a public mobile telecommunications service (PMTS) or a satellite service (or both), and was an addressable device.  The Mobile Equipment Standard 2018 adopted the following industry standards published by Communications Alliance Limited (Communications Alliance):

  • AS/CA S042.1:2018 Requirements for connection to an air interface of a Telecommunications Network – Part 1: General published on 12 April 2018 (AS/CA S042.1:2018), and a single replacement of that industry standard, namely AS/CA S042.1:2020 Requirements for connection to an air interface of a Telecommunications Network – Part 1: General published on 15 October 2020 (AS/CA S042.1:2020); and
  • AS/CA S042.4:2018 Requirements for connection to an air interface of a Telecommunications Network – Part 4: IMT Customer Equipment published on 12 April 2018 (AS/CA S042.4:2018), and a single replacement of that industry standard, namely AS/CA S042.4:2022 Requirements for connection to an air interface of a Telecommunications Network – Part 4: IMT-2000 and IMT-Advanced Customer Equipment published on 5 December 2022 (AS/CA S042.4:2022).

Equipment suppliers, including mobile carriers, now supply customer equipment and related PMTS that use 5G technology, specifically 5G New Radio technology or 5G New Radio and Evolved Universal Terrestrial Radio Access (Long Term Evolution) technology. While the adopted industry standards apply to 3G (IMT-2000) and 4G (IMT-Advanced) customer equipment, only AS/CA S042.1:2018 and AS/CA S042.1:2020 include general safety-related provisions applicable to 5G (IMT-2020) customer equipment. None of those industry standards contains requirements specific to 5G customer equipment.

On 8 March 2022, Communications Alliance published:

  • AS/CA S042.1:2022 Requirements for connection to an air interface of a Telecommunications Network – Part 1: General (AS/CA S042.1:2022), to replace AS/CA S042.1:2020; and  
  • AS/CA S042.5:2022 Requirements for connection to an air interface of a Telecommunications Network — Part 5: IMT-2020 Customer Equipment (AS/CA S042.5:2022), specifying the technical requirements for 5G customer equipment that is designed or intended for use in connection with a 5G PMTS.

On 4 May 2022, Communications Alliance reissued AS/CA S042.5:2022 incorporating Amendment No. 1/2022. Any further reference to “AS/CA S042.5:2022” in this explanatory statement is a reference to AS/CA S042.5:2022 incorporating Amendment No. 1/2022. 

The Mobile Equipment Standard 2018 did not adopt AS/CA S042.1:2022 or AS/CA S042.5:2022.

The ACMA has made the Standard to reflect the latest technical requirements for particular customer equipment.

The Standard:

  • applies to any item of customer equipment that is designed or intended for use in connection with a PMTS or a satellite service (or both), and is an addressable device;
  • adopts AS/CA: S042.1:2022, AS/CA S042.4:2022 and AS/CA S042.5:2022;
  • generally, provides that an item must meet certain requirements in relation to each adopted industry standard, applicable to the item, as existing at one of the times specified for the item;
  • provides a 12-month default transition period for any amendment or replacement of an adopted industry standard applicable to an item;
  • includes savings and transitional arrangements for items manufactured or modified in Australia, or imported, before the commencement of the Standard or during the 12-month period starting at the commencement of the Standard.

The requirements are intended as safeguards to ensure that customer equipment in Australia meets the legislative objectives of protecting the integrity of a telecommunications network or a facility, ensuring that customer equipment can be used to give access to an emergency call service, protecting the health and safety of persons who are reasonably likely to be affected by the operation of a telecommunications network or a facility, and ensuring the interoperability of customer equipment with a telecommunications network.

The Standard also incorporates some drafting changes to clarify and streamline the provisions.

A provision-by-provision description of the Standard is set out in the notes at Attachment A.

The Standard is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Consequential amendments to the Telecommunications Labelling Notice

To ensure that the labelling requirements apply in relation to the Standard, consequential amendments to the Telecommunications Labelling Notice have been made by the Telecommunications Legislation Amendment and Repeal (2022 Measures No. 1) Instrument 2022. Those amendments have updated the references to the Mobile Equipment Standard 2018 to refer to the Standard as an applicable technical standard in relation to any item of specified customer equipment.

Documents incorporated by reference

The Standard incorporates the following Acts, legislative instruments and other documents by reference, or otherwise refers to them:

  • the Act;
  • the AIA;
  • the LA;
  • the Mobile Equipment Standard 2018;
  • AS/CA S042.1:2020;
  • AS/CA S042.1:2022;
  • AS/CA S042.4:2018;
  • AS/CA S042.4:2022;
  • AS/CA S042.5:2022.

The Acts referred to above are incorporated as in force from time to time, in accordance with section 10 of the AIA and subsection 13(1) of the LA. The Mobile Equipment Standard 2018 is incorporated as in force immediately before the commencement of the Standard, in accordance with section 589 of the Act and subsection 14(1) of the LA. All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation and may be accessed free of charge at http://www.legislation.gov.au.

The industry standards referred to above are incorporated as existing at the times specified in the Standard, in accordance with sections 377 and 589 of the Act. Those times are specified for an item and relate to the date the item is manufactured or modified in Australia, or imported, and whether that date occurs during a transition period or another period for which there are savings or transitional arrangements. Copies of the industry standards can be obtained from Communications Alliance’s website (https://www.commsalliance.com.au) free of charge.

Consultation

Before the Standard was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA. 

Subsection 378(1) of the Act requires that, before making a technical standard under section 376, the ACMA must, so far as is practicable, try to ensure that interested persons have had an adequate opportunity to make representations about the proposed standard and that due consideration has been given to any representations made. Subsection 378(5) of the Act provides that interested persons are not taken to have had an adequate opportunity unless there was a consultation period of at least 60 days.

A public consultation process was conducted during the period 8 July 2022 to 12 September 2022 in relation to both the proposal to make the Standard and consequential amendments to the Telecommunications Labelling Notice. Draft instruments and a consultation paper containing explanatory information were made available on the ACMA website during that period. Interested parties were notified of the release of the draft instruments and invited to comment.

The ACMA received 5 submissions in response to the consultation, and considered those before making the Standard. The majority of submissions expressed support for the proposed Standard.

Regulatory impact assessment

A preliminary assessment of the proposal to make the Standard was conducted by the Office of Best Practice Regulation (OBPR), based on information provided by the ACMA, for the purposes of determining whether a Regulation Impact Statement (RIS) would be required. OBPR advised a RIS would not be required as it considered the proposal to be unlikely to have a more than minor regulatory impact (OBPR reference OBPR22-02187).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument. 

The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the Standard

As noted above, the Standard repeals and replaces the Mobile Equipment Standard 2018 to reflect the latest technical requirements for customer equipment that is designed or intended for use in connection with a PMTS or a satellite service (or both), and is an addressable device.

The Standard adopts the industry standards AS/CA S042.1:2022, AS/CA S042.4:2022 and AS/CA S042.5:2022. The Standard generally provides that an item must meet certain requirements in relation to each adopted industry standard, applicable to the item, as existing at one of the times specified for the item.

The Standard provides a 12-month default transition period for any amendment or replacement of an adopted industry standard applicable to an item. This reflects the lifecycle of customer equipment, while allowing the manufacturer or importer of the equipment sufficient time to transition to the new requirements.

The Standard also includes savings and transitional arrangements for items manufactured or modified in Australia, or imported, before the commencement of the Standard or during the 12-month period starting at the commencement of the Standard. These arrangements recognise that manufacturers or importers of such items may have complied with the Mobile Equipment Standard 2018 or voluntarily complied with the industry standards before they were adopted or may require additional time to transition to the newly adopted industry standards.

The requirements are intended as safeguards to ensure that customer equipment in Australia meets the legislative objectives of protecting the integrity of a telecommunications network or a facility, ensuring that customer equipment can be used to give access to an emergency call service, protecting the health and safety of persons who are reasonably likely to be affected by the operation of a telecommunications network or a facility, and ensuring the interoperability of customer equipment with a telecommunications network.

Human rights implications

The ACMA has assessed whether the Standard is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms. 

Conclusion

The Standard is compatible with human rights as it does not raise any human rights issues.

 

 

 

Attachment A

Notes to the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022

Part 1–Preliminary

Section 1 Name

This section provides for the Standard to be cited as the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022, or the Mobile Equipment Standard 2022.

Section 2 Commencement

This section provides for the Standard to commence at the start of 22 December 2022. 

Section 3 Authority

This section identifies the provision of the Telecommunications Act 1997 (the Act) that authorises the making of the Standard, namely subsection 376(1) of the Act.

Section 4 Repeal of the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2018

This section repeals the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2018 (F2018L01727) (the Mobile Equipment Standard 2018).

Section 5 Background

Subsection 5(1) provides that the Standard applies to particular customer equipment (referred to as an “item”), as provided by section 13.

Subsection 5(2) provides, in accordance with subsection 376(2) of the Act, that the Standard only consists of such requirements as are necessary or convenient for:

  • protecting the integrity of a telecommunications network or a facility;
  • protecting the health or safety of persons who:
  • operate;
  • work on;
  • use services supplied by means of; or
  • are otherwise reasonably likely to be affected by the operation of;

a telecommunications network or a facility;

  • ensuring that customer equipment can be used to give access to an emergency call service; and
  • ensuring, for the purposes of the supply of a standard telephone service, the interoperability of customer equipment with a telecommunications network to which the equipment is, or is proposed to be, connected.

Part 2–Interpretation

Section 6 Definitions

This section defines a number of key terms used throughout the Standard.

Some of those key terms were used in the Mobile Equipment Standard 2018 and have been defined in the same or a similar way as in that standard.

Other key terms are new, including “3G/4G technology” and “5G technology”.

A number of other expressions used in the Standard are defined in the Act.

Section 7 References to other legislative instruments

This section provides that in the Standard, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Section 8 Applicable industry standard

This section defines the term “applicable industry standard” in relation to an item to which the Standard applies. 

In all cases, AS/CA S042.1:2022 is an applicable industry standard in relation to an item. (Section 6 defines the term “AS/CA S042.1:2022”.)

Additionally, if an item is an IMT item that uses 3G/4G technology, AS/CA S042.4:2022 is an applicable industry standard in relation to the item. (Section 6 defines the terms “IMT item”, “3G/4G technology” and “AS/CA S042.4:2022”.)

Additionally, if an item is an IMT item that uses 5G technology, AS/CA S042.5:2022 is an applicable industry standard in relation to the item. (As noted above, section 6 defines the term “IMT item”.  It also defines the terms “5G technology” and “AS/CA S042.5:2022”.)

For example, if an item is an IMT item that uses 3G/4G technology and 5G technology, then AS/CA S042.1:2022, AS/CA S042.4:2022 and AS/CA S042.5:2022 are applicable industry standards in relation to the item.

The applicable industry standards are incorporated as existing at the times specified in sections 15, 17 and 18 (as provided for in sections 377 and 589 of the Act). Copies of the applicable industry standards could, at the time of making the Standard, be obtained free of charge from Communications Alliance Ltd’s website at www.commsalliance.com.au.

Section 9 Transition period

This section provides that, for the purposes of the Standard, there is a “transition period” if an applicable industry standard is amended by another instrument or replaced by another standard. The transition period for the amending instrument or replacement standard starts on its publication date and lasts for 12 months, unless the amending instrument or replacement standard specifies a longer period for items to transition to the new requirements. If a longer period is specified, the transition period starts on the publication date and lasts for the period so specified or 24 months, whichever is the lesser period.

The 12-month default transition period reflects the lifecycle of customer equipment, while allowing the manufacturer or importer of the equipment sufficient time to transition to the new requirements.

The expression “transition period” is used in subsection 15(2) which sets out the requirements that an item may meet in relation to an applicable industry standard if the applicable industry standard is amended by another instrument or replaced by another standard and the relevant date for the item (within the meaning of section 12) occurs during the transition period for the amending instrument or replacement standard.

Section 10 Class of items

This section deals with the following concepts:

  • when an item is “included in a class of items”;
  • when an item is an “original item” in relation to a class of items;
  • when a modified item is “included in a class of items”; and
  • when an item is an “original modified item” in relation to a class of items.

These matters are significant in determining whether an item is compliant with the requirements of the Standard.

If an original item or original modified item of a class of items is compliant with the requirements of the Standard in relation to an applicable industry standard, under subsection 15(1) or (2), all other items of the class will be treated as compliant with those requirements (irrespective of when the items were manufactured or imported, or whether the industry standard with which the original item or original modified item has complied has since been amended or repealed). Similarly, if an original item or original modified item of a class of items is taken to comply with the requirements of the Standard, under section 17 or 18, all other items of the class will be treated as compliant with those requirements (irrespective of when the items were manufactured or imported, or whether the industry standard with which the original item or original modified item has complied has since been amended or repealed).

Under paragraph 10(1)(a), an item (other than a modified item) is “included in a class of items” if that item is identical to each other item of the class (irrespective of when those items were manufactured or imported); and that item has the same manufacturer or importer as each other item. Under paragraph 10(1)(b), the “original item” of the class of items is the item of the class that was first manufactured in Australia or imported.

Under paragraph 10(2)(a), a modified item is “included in a class of items” if the modification which resulted in that item is identical to the modification which resulted in each other item of the class (irrespective of when the modifications took place); the modified item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported); and the modified item has the same manufacturer or importer as each other item.  Under paragraph 10(2)(b), the “original modified item” of the class of items is the item of the class that was the first to be so modified in Australia or imported.

Section 11 Date a modified item is made

This section provides that a reference to the “date a modified item is made” is a reference to the date of making of the modification which results in that item. 

Section 12 Relevant date for an item

This section defines the term “relevant date” for an item, for the purposes of determining the requirements the item must meet in relation to each applicable industry standard to be compliant with the Standard.

Under paragraph 12(a), the relevant date for an item (other than a modified item) is the date the item is manufactured in Australia or imported.

Under paragraph 12(b), the relevant date for a modified item is the date the modified item is made in Australia or imported.

For example, an item (other than a modified item) may meet the requirements in subsection 15(1) in relation to an applicable industry standard by complying with the applicable industry standard as existing on the date the item was manufactured in Australia or imported (except in a case where the applicable industry standard is replaced by another standard and that date is on or after the publication date of the replacement standard). If that date is on or after the publication date of the replacement standard, the item may meet the requirements by complying with the replacement standard as existing on its publication date.

Part 3–Application and requirements

Section 13 Application of this technical standard

This section specifies the customer equipment to which the Standard applies.

The Standard applies to customer equipment that is designed or intended for use in connection with a public mobile telecommunications service or a satellite service (or both), and is an addressable device.

Section 6 defines the terms “addressable device” and “satellite service” and notes that the terms “customer equipment” and “public mobile telecommunications service” are defined in the Act.

Section 14 Requirements

Subsection 14(1) provides that, to be compliant with the Standard, an item must meet the requirements in subsection 15(1), (2), (3) or (4) in relation to each applicable industry standard.

Subsection 14(2) provides that subsection 14(1) does not apply to an item if the item is taken to comply with the Standard under Part 4.

Section 15 Standard for items

If subsection 14(1) applies to an item, this section specifies the requirements in relation to each applicable industry standard which the item must meet in order to comply with the Standard. The item is only required to satisfy the requirements of one of the subsections in relation to each applicable industry standard.

The cases presented in the subsections recognise that, over time, an applicable industry standard may be amended or replaced, or that an item may be included in a class of items or modified.

Paragraph 15(1)(a) provides that an item will meet the requirements in relation to an applicable industry standard if it complies with the applicable industry standard as existing on the relevant date for the item (except in a case covered by paragraph 15(1)(b)).

Paragraph 15(1)(b) covers a case where an applicable industry standard is replaced by another standard and the relevant date for an item is on or after the publication date of the replacement standard. In that case, the item will meet the requirements in relation to the applicable industry standard if the item complies with the replacement standard as existing on its publication date.

Subsection 15(2) covers a case where an applicable industry is amended by another instrument or replaced by another standard and the relevant date for an item occurs during the transition period for the amending instrument or replacement standard. In that case, the item will meet the requirements in relation to the applicable industry standard if it complies with any of the following:

  • the applicable industry standard as existing immediately before the publication date of the amending instrument or replacement standard; or
  • the applicable industry standard as amended and existing on the publication date of the amending instrument; or
  • the replacement standard as existing on its publication date.

If the relevant date for the item occurs during more than one transition period for an amending instrument or a replacement standard that affects the applicable industry standard, the item may meet the requirements of subsection 15(2) in relation to any of those transition periods.  For example, if the relevant date for the item occurs during a transition period for an amending instrument, and a transition period for a replacement standard, each of which affects the applicable industry standard, the item may meet the requirements of subsection 15(2) by complying with:

  • the applicable industry standard as existing immediately before the publication date of the amending instrument or replacement standard; or
  • the applicable industry standard as amended and existing on the publication date of the amending instrument; or
  • the replacement standard as existing on its publication date.

Subsection 15(3) covers a case where an item is included in a class of items (within the meaning of section 10). In that case, the item will meet the requirements in relation to an applicable industry standard if the original item or original modified item of the class meets the requirements in subsection 15(1) or (2) in relation to the applicable industry standard.

Subsection 15(4) covers a case where an item would have been included in a class of items but for the making of a modification which resulted in that item.  In that case, the item meets the requirements in relation to an applicable industry standard if:

  • the modification is not material; and
  • the original item or original modified item of the class meets the requirements in subsection 15(1) or (2) in relation to the applicable industry standard.  

For the purposes of subsection 15(4), a modification is “material” if the modification would or could reasonably be expected to affect whether the relevant item would comply with the same version of the standard with which the original item or original modified item of the class has complied to meet the requirements in subsection 15(1) or (2) in relation to the applicable industry standard.

Part 4–Savings and transitional arrangements

Section 16 Definitions for this Part

This section defines the key terms used in this Part.

Those terms are:

  • “AS/CA S042.1:2020” which is the Australian Standard AS/CA S042.1:2020 – Requirements for connection to an air interface of a Telecommunications Network – Part 1: General first published by Communications Alliance Ltd on 15 October 2020;             
  • “AS/CA S042.4:2018” which has the same meaning as in the “old technical standard”; and
  • “old technical standard” which is the Mobile Equipment Standard 2018 as in force immediately before the commencement of the Standard.

Section 17 Items for which relevant date occurred before commencement

This section provides savings and transitional arrangements for items for which the relevant date (within the meaning of section 12) occurred before the commencement of the Standard. 

Subsection 17(1) provides that an item is taken to comply with the Standard if the relevant date for the item occurred before the commencement of the Standard and the item complies with the old technical standard.

Subsection 17(2) provides that an item is taken to comply with the Standard if the relevant date for the item occurred before the commencement of the Standard, but subsection (1) does not apply (because the item does not comply with the old technical standard), and the following requirements are met:

  • The item complies with:
    • AS/CA S042.1:2020 as existing on the relevant date; or
    • in a case where the relevant date is on or after 8 March 2022 (being the publication date of AS/CA S042.1:2022) – either:
      • AS/CA S042.1:2020 as existing immediately before 8 March 2022; or
      • AS/CA S042.1:2022 as existing on 8 March 2022.

 

  • Additionally, if the item is an IMT item that uses 3G/4G technology – the item complies with:
    • AS/CA S042.4:2018 as existing on the relevant date; or
    • in a case where the relevant date for the item is on or after 5 December 2022 (being the publication date of AS/CA S042.4:2022) – either:
      • AS/CA S042.4:2018 as existing immediately before 5 December 2022; or
      • AS/CA S042.4:2022 as existing on 5 December 2022.

If the item is an IMT item that uses 5G technology, the item may (on a voluntary basis) comply with AS/CA S042.5:2022. However, this is not a requirement for an item where the relevant date for the item occurred before commencement of the Standard.

While this section applies to pre-existing items, it operates prospectively for the benefit of the manufacturers or importers of those item who complied with the old technical standard or voluntarily complied with the industry standards before they were adopted by the Standard. The manufacturers or importers may label those items indicating that they are compliant with the Standard, which is an applicable technical standard (within the meaning of the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015) in relation to those items.[1] This is significant because, where a technical standard is an applicable technical standard in relation to an item, the item must be labelled before it is supplied to the Australian market, indicating whether the item complies with the technical standard. The item cannot be connected to a telecommunications network or a facility unless the item complies with each applicable technical standard in relation to the item.    

Section 18 Items for which relevant date occurs during the 12-month period starting at commencement

This section provides savings and transitional arrangements for items for which the relevant date occurs during the 12-month period starting at the commencement of the Standard. 

Such an item is taken to comply with the Standard if the following requirements are met:

  • The item complies with:
    • AS/CA S042.1:2020 as existing immediately before 8 March 2022 (being the publication date of AS/CA S042.1:2022); or
    • AS/CA S042.1:2022 as existing on 8 March 2022.
  • Additionally, if the item is an IMT item that uses 3G/4G technology – the item complies with:
    • AS/CA S042.4:2018 as existing immediately before 5 December 2022 (being the publication date of AS/CA S042.4:2022); or
    • AS/CA S042.4:2022 as existing on 5 December 2022.

If the item is an IMT item that uses 5G technology, the item may (on a voluntary basis) comply with AS/CA S042.5:2022. However, this is not a requirement where the relevant date for the item occurs within the 12-month period starting at commencement of the Standard.

These arrangements recognise that manufacturers or importers of those items may require additional time to transition to the newly adopted industry standards.

Section 19 Items included in a class of items where the original item or original modified item of the class is taken to comply with this technical standard

This section provides that an item is taken to comply with the Standard if the item is included in a class of items (within the meaning of section 10) and the original item or original modified item of that class is taken to comply with section 17 or 18.

 

[1] To give regulatory effect to the labelling requirements associated with the Standard, consequential amendments were made to the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015) to update the references to the old technical standard to refer to the Standard as an applicable technical standard in relation to any item of specified customer equipment.

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.