Telecommunications (Requirements for Customer Cabling Products – AS/CA S008) Technical Standard 2025

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Telecommunications Act 1997

Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025

Telecommunications (Requirements for Customer Access Equipment for Connection to a Telecommunications Network – AS/CA S003) Technical Standard 2025

Telecommunications (Voice Performance Requirements for Customer Equipment – AS/CA S004) Technical Standard 2025

Telecommunications (Requirements for Customer Cabling Products – AS/CA S008) Technical Standard 2025

Telecommunications (Requirements for Customer Equipment with Hierarchical Digital Interfaces – AS/ACIF S016) Technical Standard 2025

Telecommunications (Requirements for DSL Customer Equipment for Connection to a Switched Telephone Network – AS/CA S041) Technical Standard 2025

Telecommunications (Requirements for Customer Equipment for Connection to a Metallic Local Loop Interface of a Telecommunications Network – AS/CA S043) Technical Standard 2025

Authority

The Australian Communications and Media Authority (the ACMA) has made the technical standards identified above (collectively, the new technical standards) under subsection 376(1) of the Telecommunications Act 1997 (the Act) and subsection 33(3) of the Acts Interpretation 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 instrument

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);
• a written instrument made by the ACMA under subsection 407(1) of the Act (section 407 instrument) requiring any person who is a manufacturer or importer of specified customer equipment or specified customer cabling to apply a label to the equipment or cabling that indicates whether the equipment or cabling complies with specified technical standards; 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 in subsection 376(2) of the Act. Among those objectives are:

• 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 to which the equipment is connected.

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 (industry standard). For the purposes of section 377 of the Act, Communications Alliance Ltd (CA) is such a body or association, as was its predecessor the Australian Communications Industry Forum Ltd (ACIF).

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

Where a section 407 instrument specifies that a technical standard is an applicable technical standard in relation to an item, the item must be labelled with either a compliance label or a non-compliance label, before it is supplied to the Australian market, indicating whether the item complies with the applicable technical standard. The item cannot be connected, or maintain a connection, to a telecommunications network or a facility if the manufacturer or importer did not comply with the labelling requirements in the section 407 instrument, or if a non-compliance label was applied to the item, unless an exemption applies.

The basis for the instruments

The ACMA has made the new technical standards to repeal and replace the following (collectively, the 2015 Standards):

• Telecommunications Technical Standard (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to the Public Switched Telephone Network – AS/CA S002) 2015 (AS/CA S002-2015);
• Telecommunications Technical Standard (Requirements for Customer Access Equipment for connection to a Telecommunications Network – AS/CA S003) 2015 (AS/CA S003-2015);
• Telecommunications (Voice performance requirements for Customer Equipment – AS/CA S004) Technical Standard 2015 (AS/CA S004-2015);
• Telecommunications (Requirements for customer cabling products – AS/CA S008) Technical Standard 2025 (AS/CA S008-2015);
• Telecommunications Technical Standard (Requirements for Customer Equipment with hierarchical digital interfaces – AS/ACIF S016) 2015 (AS/ACIF S016-2015);
• Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF S041) 2015 (AS/ACIF S041-2015); and
• Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network – AS/CA S043) 2015 (AS/CA S043-2015).

The new technical standards are part of a package of instruments to be made by the ACMA, including the Telecommunications (Requirements for Customer Equipment for use with the Standard Telephone Service – Features Designed for People with Disability – AS/ACIF S040) Standard 2025 (the Disability Standard) and the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025 (the Telecommunications Labelling Notice), as a result of the sunsetting of the instruments under Part 4 of Chapter 3 of the Legislation Act 2003 (the LA).

The ACMA has made the new technical standards because it considered that there is an ongoing requirement for each of the technical standards to facilitate the technical regulation of customer equipment and customer cabling under the Act.

Each new technical standard adopts a specified industry standard (or standards) (adopted industry standards) for specified customer equipment or customer cabling. The table below identifies each new technical standard, the industry standard (or standards) adopted by the new technical standard, and the customer equipment or customer cabling which must comply with the new technical standard.

Detailed description of the new technical standards

The new technical standards fall into two main categories: those that adopt only one industry standard, and those that adopt more than one industry standard.

The first category of new technical standards (Single-part standards) adopt only one industry standard and comprises the following standards:

• AS/CA S002-2025;
• AS/CA S004-2025;
• AS/CA S008-2025; and
• AS/ACIF S016-2025.

Each of the Single-part standards follows the same structure. The differences between those standards are confined to which industry standards are adopted and the type of customer equipment or customer cabling to which the standards apply. The differences are referred to in columns 2 and 3 of the table above.

The second category of new technical standards (Multi-part standards) adopt more than one industry standard and comprises the following standards:

• AS/CA S003-2025;
• AS/CA S041-2025; and
• AS/CA S043-2025.

Each of the Multi-part standards largely follows the same structure as that of the Single-part standards, with some differences to account for the adoption of more than one industry standard.

The differences between each of the Multi-part standards are confined to which industry standards are adopted and the type of customer equipment or customer cabling to which the standards apply. Those differences are referred to in columns 2 and 3 of the table above.

The new technical standards also incorporate some minor drafting changes to update and clarify provisions.

A provision-by-provision description of the new technical standards is set out in the notes at Attachment A.

The new technical standards are disallowable legislative instruments under Part 2 of Chapter 3 of the LA and are subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

The new technical standards incorporate the following Acts, legislative instruments and other documents by reference, or otherwise refers to them:

• the Act;
• the AIA;
• the LA;
• the 2015 Standards;
• the adopted industry standards.

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 2015 Standards are incorporated as in force immediately before the commencement of the new technical standards, 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 adopted industry standards are incorporated as existing at the times specified in the new technical standards, in accordance with sections 377 and 589 of the Act. The adopted industry standards can be obtained from CA’s website (https://www.commsalliance.com.au) free of charge.

Consultation

Before the new technical standards were 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 of the Act, 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 21 October 2024 to 20 December 2024 in relation to the proposal to make the new technical standards, the Disability Standard, and the Telecommunications Labelling Notice.

Draft instruments and a consultation paper containing explanatory information were made available on the ACMA website during the consultation period. Interested parties were notified of the release of the draft instruments and invited to comment.

The ACMA received 6 submissions in response to the consultation and all submissions were considered before making the new technical standards.

Three submitters recommended making all proposed new technical standards, 2 recommended making all except AS/ACIF S016-2025, and the remaining submitter provided no comment on the proposal.

While 2 submitters did not recommend making AS/ACIF S016-2025, 2 other submitters recommended making this technical standard as customer equipment using the legacy technology covered by AS/ACIF S016-2025 is still being used on Telstra’s network. The ACMA accepted that there is public benefit to making AS/ACIF S016-2025 while Telstra’s Copper Continuity Obligation[5] remains.

Two submitters recommended changes to drafting to better clarify the items to which the new technical standards apply and address concerns about the compliance of equipment used on private networks. The new technical standards were amended following consultation so that a new technical standard applies to an item of customer equipment or customer cabling, if the item ‘is used, or is to be used’ for connection to a specified telecommunications network or a specified type of carriage service. Notes have also been added to clarify that in the new technical standards, a reference to a telecommunications network means a telecommunications network in Australia operated by a carrier or carriage service provider (pursuant to subsection 374(1) of the Act). In addition, the term ‘public’ was removed when referencing a ‘switched telephone network’ in AS/CA S002-2025 and AS/CA S041-2025 to address concerns about the applicability of our technical standards for items used on private networks.  

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 (disallowance) 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 with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

As noted above, the new technical standards repeal and replace the 2015 Standards to ensure the relevant technical requirements for customer equipment and customer cabling continue to be mandated.

The new technical standards adopt industry standards for specified customer equipment or specified customer cabling.

The requirements are intended as safeguards to ensure that customer equipment and customer cabling 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 facility, and ensuring the interoperability of customer equipment with a telecommunications network.

Human rights implications

The ACMA has assessed whether each of the new technical standards 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 new technical standards and the nature of the applicable rights and freedoms, the ACMA has formed the view that none of the new technical standards engage any of those rights or freedoms.             

Conclusion

The new technical standards are compatible with human rights as they do not raise any human rights issues.

Attachment A

Notes to the new technical standards

The following new technical standards adopt only one industry standard (Single-part standards):

• Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 (AS/CA S002-2025);
• Telecommunications (Voice Performance Requirements for Customer Equipment – AS/CA S004) Technical Standard 2025 (AS/CA S004-2025);
• Telecommunications (Requirements for Customer Cabling Products – AS/CA S008) Technical Standard 2025 (AS/CA S008-2025); and
• Telecommunications (Requirements for Customer Equipment with Hierarchical Digital Interfaces – AS/ACIF S016) Technical Standard 2025 (AS/ACIF S016-2025).

The structure and content of each of the Single-part standards are largely the same with the differences between the standards being confined to the industry standards adopted by each technical standard, and the type of customer equipment or customer cabling to which each technical standard applies.

The following new technical standards adopt more than one industry standard (Multi-part standards):

• Telecommunications (Requirements for Customer Access Equipment for Connection to a Telecommunications Network – AS/CA S003) Technical Standard 2025 (AS/CA S003-2025);
• Telecommunications (Requirements for DSL Customer Equipment for Connection to a Switched Telephone Network – AS/CA S041) Technical Standard 2025 (AS/CA S041-2025); and
• Telecommunications (Requirements for Customer Equipment for Connection to a Metallic Local Loop Interface of a Telecommunications Network – AS/CA S043) Technical Standard 2025 (AS/CA S043-2025).

The structure and content of each Multi-part standard largely follows that of the Single-part standards, with some differences to account for the adoption of more than one industry standard.

The differences between each of the Multi-part standards are confined to which industry standards are adopted and the type of customer equipment or customer cabling to which the standards apply.

A detailed description of the provisions in the new technical standards is set out below, noting where relevant, the differences between individual technical standards.

Part 1–Preliminary

Section 1 Name

This section in each new technical standard states the name of the new technical standard and notes it may also be cited using a abbreviated specified citation. For example, the Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 may also be cited as “AS/CA S002-2025”.

Section 2 Commencement

The commencement section in each new technical standard provides for the standard to commence on 30 March 2025.

The new technical standards are registered on the Federal Register of Legislation which may be accessed free of charge at www.legislation.gov.au.

Section 3 Authority

This section identifies the provision of the Act that authorises the making of each of the new technical standards, namely subsection 376(1) of the Act.

Section 4 Repeal of the [relevant 2015 Standard]

In each new technical standard, this section provides that the relevant 2015 Standard that is being replaced by the new technical standard, is repealed. For example, section 4 of the AS/CA S002-2025 states that the Telecommunications Technical Standard (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to the Public Switched Telephone Network – AS/CA S002) 2015 [F2015L00184] is repealed.

Section 5 Objects

In each new technical standard, this section sets out the objects of the technical standard. These objects align with the matters referred to in paragraphs 376(2)(a) to (d) of the Act.

The new technical standards only consist 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

In each new technical standard, this section defines several key terms used throughout the standard. There are a number of common definitions in the new technical standards and the main differences relate to the industry standards adopted by the technical standards, and the customer equipment or customer cabling to which each new technical standard applies.

Some of the defined key terms were used in the 2015 Standards and have been defined in the same or a similar way as in that standard. Examples include the definitions of the terms “AS/CA Standard” or “AS/ACIF Standard” to define industry standards that are published by Communications Alliance Ltd or by ACIF.

AS/CA S002-2025 and AS/CA S041-2025 contain changes to key terminology in relation to the application of the standards. A new key term “analogue switched telephone network two-wire service” has been added, and the term “switched telephone network” replaces “public switched telephone network” in both standards.

The following definitions have been redrafted for clarity:

• “ADSL item” in AS/CA S041-2025;
• “AS/CA S043.3 item” in AS/CA S043-2025
• “customer access equipment” in AS/CA S003-2025;
• “customer cabling product” in AS/CA S008-2025;
• “DSL item” in AS/CA S041-2025.

A new key term “date a modified item is made” is introduced in the new technical standards for clarity.

Other terms used in the new technical standards which take their meaning from the Act are listed in a note to the section.

Section 7 References to other legislative instruments

In each new technical standard, section 7 provides that 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, in accordance with section 14 of the LA. All legislative instruments are registered on the Federal Register of Legislation.

Section 8 Applicable AS/CA Standard [Multi-part standards only]

This section appears only in Multi-part standards. The section defines the “applicable AS/CA Standard” to include each industry standard that is adopted by the relevant Multi-part standard.

For example, in AS/CA S003-2025, each of the following is an applicable AS/CA Standard in relation to an item:

• in all cases – AS/CA S003.1:2010;
• if the item is an analogue TDM item (an item that uses analogue based or PCM based/TDM technology) – AS/CA S003.2:2010;
• if the item is a packet/cell based item – AS/CA S003.3:2010.

AS/CA S003-2025 adopts the multi-part industry standard AS/CA S003. All of the other Multi-part standards operate in a similar way to AS/CA S003-2025. All items of customer equipment to which a Multi-part standard applies must comply with the industry standard that section 8 indicates is an applicable industry standard “in all cases” – which is, in all cases, ‘Part 1’ of the relevant multi-part industry standard. Whether an item must also comply with any other part of an industry standard listed will depend on whether section 8 provides that part is an applicable industry standard for that type of item. For example, in the case of AS/CA S003-2025, an item that is an analogue TDM item must comply with both AS/CA S003.1:2010 and AS/CA S003.2:2010 as they are both applicable standards for the item.

Section 8 ACMA transition period [Section 9 in Multi-part standards]

This section in each new technical standard defines the term “ACMA transition period”. The ACMA transition period is a period that applies in a case where the adopted industry standard(s) is amended or replaced. In such circumstances, the ACMA transition period is:

• in a case where industry has determined a transition period for the amendment or replacement of the adopted industry standard(s) – a period that is the same as the AS/CA transition period or AS/ACIF transition period; or
• in any other case – a period of two years commencing on the day the adopted industry standard(s) are amended or replaced.

A transition period determined by industry is described in each new technical standard by reference to the adopted industry standard(s) to which it relates. The transition period determined by industry for the amendment or replacement of the adopted industry standard(s) is described as the AS/CA transition period or AS/ACIF transition period, depending on the adopted industry standard.

The intent of this section is to ensure that manufacturers or importers are allowed sufficient time to comply with any applicable requirements of the new technical standard that may be affected by an amendment or replacement of the adopted industry standard(s), and that the time allowed is consistent with any transition period determined by industry in that regard.

Section 9 AS/CA transition period [Section 10 in Multi-part standards]

In each new technical standard, this section defines the terms “AS/CA transition period” or “AS/ACIF transition period” and “relevant item”.

The AS/CA transition period or AS/ACIF transition period is used to describe a transition period determined by industry for the amendment or replacement of an adopted industry standard.

This section provides that there is an AS/CA transition period or AS/ACIF transition period for an amendment or replacement of the adopted industry standard(s) if:

• industry has determined, in the instrument that amends or replaces the adopted industry standard(s), arrangements to deal with any issues of a transitional nature that may arise;
• the arrangements are for a specified period commencing on the day the adopted industry standard(s) are amended or replaced; and
• the arrangements have the effect of allowing a relevant item to comply with:
  • the adopted industry standard(s) as in force immediately before the commencement of the specified period; or
  • the adopted industry standard(s), or the replacement standard(s), as in force at the commencement of the specified period.

This section also defines a “relevant item” for these purposes. Each of the following is a relevant item:

• an item that is manufactured in Australia or imported during the specified period;
• a modified item that is made in Australia or imported during the specified period.

The section also provides that the AS/CA transition period or AS/ACIF transition period is the specified period determined by industry as part of those arrangements. In the absence of an AS/CA transition period or AS/ACIF transition period, the default period of 2 years is the ACMA transition period.

Section 10 Class of items [Section 11 for Multi-part standards]

In each new technical standard, this section defines key terms used in the standard.

The following concepts are defined in this section:

• “included in a class of items”;
• “original item”; and
• “original modified item”.

The above terms are used for the purpose of defining the date at which an item of customer equipment must comply with the adopted industry standard(s) to meet the requirements of sections 12-15 of the Single-part standards and sections 13-16 of the Multi-part standards.

Under paragraph 10(1)(a) (paragraph 11(1)(a) for Multi-part standards), an item, other than a modified item, is “included in a class of items” if the item is identical to each other item of the class (irrespective of when the items were manufactured or imported) and has the same manufacturer or importer as each other item.

Paragraph 10(1)(b) (paragraph 11(1)(b) for Multi-part standards) provides that the “original item”, in relation to a class of items, is the item of the class that was the first to be manufactured in Australia or imported.

Under paragraph 10(2)(a) (paragraph 11(2)(a) for Multi-part standards), a modified item is “included in a class of items” if the modification in relation to the item is identical to the modification in relation to each other item of the class (irrespective of when the items were so modified), the item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported), and the item has the same manufacturer or importer as each other item.

Paragraph 10(2)(b) (paragraph 11(2)(b) for Multi-part standards) provides that the “original modified item”, in relation to the class, is the item of the class that was the first to be so modified in Australia.

Section 11 Date a modified item is made [Section 12 for Multi-part standards]

In each new technical standard, this section provides that a reference to “the date a modified item is made” in the standard is a reference to the date of making of the modification which results in that item. The section makes it clear that the relevant date is not when the item was originally manufactured in its unmodified form, but when it was subsequently modified.

Part 3–Application and requirements

Section 12 Application [Section 13 for Multi-part standards]

This section in each new technical standard specifies the types of customer equipment or customer cabling to which the new technical standard applies. For example, section 12 of AS/CA S002-2025 specifies that it applies to customer equipment that is used, or is to be used, for connection to an analogue switched telephone network two-wire service.

The new technical standards (except AS/CA S003-2025 and AS/CA S008-2025) have simplified terminology to improve clarity, so that a technical standard applies to customer equipment or customer cabling that ‘is used, or is to be used, for connection’ to a specified telecommunications network or service. The amendment clarifies that if customer equipment or customer cabling can be used for connection to a telecommunications network, then the technical standard applies.

In the case of AS/CA S008-2025, the definition of ‘customer cabling product has been amended to include the simplified terminology ‘is used, or is to be used’ on the customer side of the boundary of a telecommunications network.

The new technical standards contain additional notes to clarify that a reference to a telecommunications network is a reference to a telecommunications network in Australia that is operated by a carrier or carriage service provider (see section 7 and subsection 374(1) of the Act).

Section 13 Requirements [Section 14 for Multi-part standards]

In each new technical standard, this section specifies the requirements which an item or modified item must meet.

For Single-part standards, under subsection 13(1), items (other than modified items) must meet the requirements of subsection 14(1), (2), (3) or (4).  Further, under subsection 13(2), modified items must meet the requirements of subsection 15(1), (2), (3), (5), or (6).

For Multi-part standards, under subsection 14(1), items (other than modified items) must meet the requirements of subsection 15(1), (2), (3) or (4). Under subsection 14(2), modified items must meet the requirements of subsection 16(1), (2), (3), (5), or (6).

Section 14 Standard for items (other than modified items) [Section 15 for Multi-part standards]

In each new technical standard, this section specifies the requirements which items (other than modified items) must meet to comply with subsection 13(1) (subsection 14(1) for Multi-part standards). Different options for compliance with the adopted industry standard(s) are specified in the section. These different options are provided in recognition of the fact that, over time, the AS/CA Standard or AS/ACIF Standard may be amended or replaced.

Under subsection 14(1) (subsection 15(1) for Multi-part standards), if an item complies with the AS/CA Standard or AS/ACIF Standard as in force at the time the item is manufactured in Australia or imported, the item meets the requirements of the subsection.

Subsection 14(2) (subsection 15(2) for Multi-part standards) deals with the case when an item is included in a class of items. If an item is included in a class of items and complies with the AS/CA Standard or AS/ACIF Standard as in force at the time the original item of the class was manufactured in Australia or imported, the first-mentioned item meets the requirements of the subsection. The subsection ensures that items which are identical to each other, and have the same manufacturer or importer, need only comply with the industry standard as in force at the date the first item of that class was manufactured in Australia or imported.

Subsection 14(3) (subsection 15(3) for Multi-part standards) deals with the case when an item is manufactured in Australia or imported during an ACMA transition period, which is triggered by the amendment or replacement of the AS/CA Standard or AS/ACIF Standard. Where an item is manufactured in Australia or imported during an ACMA transition period, it is sufficient that the item complies with:

• the adopted industry standard(s) as in force immediately before the commencement of the transition period; or
• the adopted industry standard(s) or a replacement standard, as in force at the commencement of the transition period.

Subsection 14(4) (subsection 15(4) for Multi-part standards) deals with the case when there are multiple ACMA transition periods that overlap. Where an item is manufactured in Australia or imported during the period of overlap, it is sufficient that the item complies with:

• the adopted industry standard(s) as in force immediately before the commencement of the earliest of those transition periods; or
• the adopted industry standard(s) or a replacement standard, as in force at the commencement of any one of the overlapping transition periods.

Section 15 Standard for modified items [Section 16 for Multi-part standards]

In each new technical standard, this section specifies the requirements which modified items must meet in order to comply with subsection 13(2) (subsection 14(2) for Multi-part standards). The section operates in a very similar way to section 14 (section 15 for Multi-part standards).

Under subsection 15(1) (subsection 16(1) for Multi-part standards), if a modified item complies with the AS/CA Standard or AS/ACIF Standard as in force at the time the modified item is made in Australia, the modified item meets the requirements of the subsection.

Subsection 15(2) (subsection 16(2) for Multi-part standards) deals with the case when a modified item is included in a class of items. If an item is included in a class of items and complies with the adopted industry standard(s) as in force at the time the original item of the class was made in Australia, the first-mentioned item meets the requirements of the subsection. The subsection ensures that modified items which are identical to each other and have the same manufacturer or importer need only comply with the adopted industry standard(s) as in force at the date the first item of that class was made in Australia or imported.

Subsection 15(3) (subsection 16(3) for Multi-part standards) deals with the case when the modification which results in a modified item is not material. If a modified item would have been included in a class of items but for the making of the modification which resulted in that item, and the modification is not material and, in particular, the modified item complies with the adopted industry standard(s) as in force at the time the original item of the class was made in Australia, the first-mentioned item meets the requirements of the subsection.

Subsection 15(4) (subsection 16(4) for Multi-part standards) provides that for the purposes of subsection 15(3) (subsection 16(3) for Multi-part standards), the modification is “material” if the modification would or could reasonably be expected to affect whether the modified item complies with the adopted industry standard(s) as in force at the time the original item of the class was made in Australia or imported.

Subsection 15(5) (subsection 16(5) for Multi-part standards) deals with the case when a modified item is made in Australia during an ACMA transition period. When a modified item is made in Australia during an ACMA transition period, it is sufficient that the modified item complies with:

• the adopted industry standard(s) as in force immediately before the commencement of the transition period; or
• the adopted industry standard(s) or a replacement standard, as in force at the commencement of the transition period.

Subsection 15(6) (subsection 16(6) for Multi-part standards) deals with the case where there are multiple ACMA transition periods that overlap. Where a modified item is made in Australia during the period of overlap, , it is sufficient that the modified item complies with:

• the adopted industry standard(s) as in force immediately before the commencement of the earliest of those transition periods; or
• the adopted industry standard(s) as amended, or the replacement standard, as in force at the commencement of any one of the overlapping ACMA transition periods.

Part 4–Savings and transitional arrangements

Section 16 Items manufactured, imported or modified before commencement [Section 17 for Multi-part standards]

In each new technical standard, this section specifies the transitional arrangements arising from the repeal of the relevant 2015 Standard.

Subsection 16(1) (subsection 17(1) for Multi-part standards) provides that if an item (other than a modified item) was manufactured in Australia or imported before the commencement of the new technical standard and complied with the relevant 2015 Standard as in force immediately before commencement of the new technical standard, the item is taken to comply with the new technical standard.

Subsection 16(2) (subsection 17(2) for Multi-part standards) provides that if a modified item was made in Australia or imported before the commencement of the new technical standard and complied with the relevant 2015 Standard as in force immediately before the commencement of the new technical standard, the modified item is taken to comply with the new technical standard.

[1] “PCM” stands for Pulse Code Modulation.

[2] “TDM” stands for Time Division Multiplexing.

[3] “DSL” stands for Digital Subscriber Line.

[4] “ADSL” stands for Asymmetric Digital Subscriber Line.

[5] Telstra’s Copper Continuity Obligation (CCO) is a requirement to maintain services on its legacy copper network for customers outside the NBN fixed line footprint. The CCO is part of the Telecommunications Universal Service Obligation Performance Agreement (TUSOPA).