EXPLANATORY STATEMENT
Prepared by the Australian Communications and Media Authority
Telecommunications Act 1997
Telecommunications (Revocation of Technical Standards)
Instrument 2015 (No.1)
Purpose
The purpose of the Telecommunications (Revocation of Technical Standards) Instrument 2015 (No.1) (the Revocation Instrument) is to revoke 9 technical standards made under subsection 376(1) of the Telecommunications Act 1997 (the Act). These technical standards fall into two categories. The first category consists of 8 technical standards which relate to equipment that is either not being supplied to the Australian market at all, or only being supplied in small volumes and presents little or no risk to consumers. The second category comprises of 1 technical standard where the adopted industry standard has been superseded. Given this, the ACMA has judged that it is unnecessary for these technical standards to remain in force and that they should be revoked.
Revocation of the technical standards will reduce the possibility for confusion that may be caused by redundant instruments and make accessing the law simpler for businesses and individuals.
Legislative provisions
Under subsection 376(1) of the Act, the ACMA may, by written instrument, make a technical standard relating to specified customer equipment or specified customer cabling.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that the power to make an instrument includes, unless the contrary intention appears, 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.
Operation
The technical standards that are revoked by the Revocation Instrument either relate to equipment that is no longer being supplied to the market, or only being supplied in small volumes and presents little or no risk to consumers, or in respect of which the adopted industry standard has been superseded. In all cases, the technical standards are unnecessary and can be revoked.
Consultation
Section 17 of the Legislative Instruments Act 2003 (LIA) requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake in relation to an instrument has been undertaken.
Under subsection 378(1) of the Act the ACMA is required, before making a technical standard under section 376, to try to ensure that interested persons have had an adequate opportunity to make representations about the proposed standard. On 16 July 2014, the ACMA sought public comment on a proposal to remake the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as well as, relevantly, the proposed revocation of the technical standards made under section 376 of the Act that are revoked by the Revocation Instrument. Comments were sought from interested parties by 19 September 2014. No comments were received about the technical standards that are revoked by the Revocation Instrument.
Regulation impact
The ACMA has undertaken an assessment of the regulatory impact of the Revocation Instrument in conjunction with the Office of Best Practice Regulation. It has been determined that the ACMA’s proposal to revoke the 9 technical standards is minor or machinery in nature. For this reason, an exemption from the need to provide a Regulatory Impact Statement (RIS) has been granted. The ACMA RIS exemption reference number is ID 18357.
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 LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Revocation Instrument, the effect of which is to revoke 9 technical standards, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The ACMA has considered whether the Revocation Instrument engages any applicable human rights or freedoms and has formed the view that it does not. The Revocation Instrument is compatible with human rights as it does not raise any human rights issues.
Attachment
Further details of the Revocation Instrument are set out in Attachment A.
ATTACHMENT A
NOTES ON INSTRUMENT
Section 1 - Name of Instrument
Section 1 provides that the name of the Revocation Instrument is the Telecommunications (Revocation of Technical Standards) Instrument 2015 (No.1).
Section 2 - Commencement
Section 2 provides that the Revocation Instrument commences on the day after it is registered.
Section 3 – Revocation of technical standards
Section 3 revokes the following 9 technical standards, made under subsection 376(1) of the Act:
(a) Telecommunications Technical Standard (Broadcaster Interface Standard - ACA TS 024 - 1997) (FRLI No. F2005B00469);
(b) Telecommunications Technical Standard (General Requirements for Analogue Video Customer Equipment Connected to a Telecommunications Network - ACA TS 015 - 1997) (FRLI No. F2005B00466);
(c) Telecommunications Technical Standard (General Requirements for Customer Equipment Connected to an ISDN Primary Rate Interface - ACA TS 014 - 1997) (FRLI No. F2005B00465);
(d) Telecommunications Technical Standard (General Requirements for Customer Equipment Connected to the Telex Network - ACA TS 007 - 1997) (FRLI No. F2005B00464);
(e) Telecommunications Technical Standard (Line Isolation Devices–ACA TS 025 - 1997) (FRLI No. F2005B00461);
(f) Telecommunications Technical Standard (Mobile Station for AMPS Analogue Cellular Mobile Telecommunications System – ACA TS 005 - 1997) (FRLI No. F2005B00463);
(g) Telecommunications Technical Standard (Customer Equipment and Customer Cabling) ACA TS 102-1998 (FRLI No. F2005B00900);
(h) Telecommunications Technical Standard (Requirements for Customer Equipment, operating in the voiceband, for connection to the non-switched Telecommunications Network AS/ACIF S006:2008) 2008 (FRLI No. F2008L03762); and
(i) Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment AS/ACIF S004:2008) 2008 (FRLI No. F2008L03750).
The technical standards in paragraphs (a) to (h) above, are being revoked as the equipment to which they apply is either not being supplied to the Australian market at all, or only being supplied in small volumes and presents little or no risk to consumers. The technical standard in paragraph (i) above is being revoked as the adopted industry standard (the Australian Standard AS/ACIF S004:2008 – Voice frequency performance requirements for Customer Equipment published by Communications Alliance Ltd in 2008) has been superseded. The ACMA has made a new technical standard under subsection 376(1) of the Act (the Telecommunications Technical Standard (Voice performance requirements for Customer Equipment – AS/CA S004) 2015) which adopts the current version of the relevant industry standard (the Australian Standard AS/CA S004:2013 – Voice performance requirements for Customer Equipment published by Communications Alliance Ltd in January 2013).