Telecommunications (Revocation of Technical Standards) Instrument 2015 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2015L00194 Not in force Legislative Instrument

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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  The second category comprises of 1 technical standard where the adopted industry standard has been superseded.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volumes and presents little or no risk to consumers, or in respect of which the adopted industry standard has been superseded.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).

Overview

The Telecommunications (Revocation of Technical Standards) Instrument 2015 (No.1) was enacted to address the issue of outdated or redundant technical standards under the Telecommunications Act 1997. The Australian Communications and Media Authority (ACMA), which is the enacting body, identified nine technical standards that were either no longer relevant due to changes in the market, or where the industry standards had been updated, making the existing technical standards obsolete. This revocation aims to streamline and simplify the regulatory environment for businesses and consumers by eliminating unnecessary technical standards, thereby reducing confusion and administrative burden. The policy objective behind this instrument is to ensure that the technical standards governing telecommunications equipment remain current and relevant. By revoking the outdated standards, the ACMA aims to maintain an effective and efficient regulatory framework that supports consumer protection and market innovation without imposing unnecessary restrictions on industry. This action reflects the ACMA’s commitment to keeping the telecommunications regulatory environment responsive to technological advancements and market changes.

Scope and Application

The Telecommunications (Revocation of Technical Standards) Instrument 2015 (No.1) applies to nine specific technical standards made under the Telecommunications Act 1997, which are being revoked because the equipment they govern is either no longer supplied to the Australian market or only supplied in small volumes and poses minimal risk to consumers. Additionally, one technical standard is revoked because the industry standard it references has been superseded. The revocation aims to simplify the law and reduce potential confusion caused by outdated or irrelevant standards. The revocation applies nationally and affects entities and individuals involved in the supply of the specified telecommunications equipment. The Australian Communications and Media Authority (ACMA), which has the authority to make technical standards under the Telecommunications Act 1997, conducted the revocation following appropriate consultation and found no human rights issues with the process. The revocation instrument is a minor regulatory action and, as such, is exempt from requiring a Regulatory Impact Statement.

Key Provisions

The Telecommunications (Revocation of Technical Standards) Instrument 2015 (No. 1) (Revocation Instrument) primarily serves to revoke nine technical standards established under the Telecommunications Act 1997 (Act). These technical standards pertain to specific customer equipment and cabling and were made under subsection 376(1) of the Act. The revocation is justified because the equipment these standards cover is either no longer supplied in Australia, supplied in such small quantities as to pose minimal risk, or the relevant industry standards have been superseded. The specific standards revoked include those related to the Broadcaster Interface Standard, analogue video customer equipment, ISDN primary rate interface, Telex network equipment, line isolation devices, mobile stations for AMPS analogue cellular systems, and others. The obligations and requirements imposed by the Revocation Instrument primarily involve the Australian Communications and Media Authority (ACMA) ensuring that outdated or unnecessary technical standards are revoked to streamline the regulatory environment. Section 3 of the Revocation Instrument lists the specific technical standards that are being revoked. This revocation aims to reduce regulatory redundancy and make compliance easier for businesses and consumers. The ACMA is also required to consult with interested parties before making such revocations, although in this case, no comments were received regarding the proposed revocations. Breach of the provisions in the Revocation Instrument does not directly entail specific criminal or civil penalties, as the instrument itself is not intended to impose new obligations but rather to remove outdated ones. However, any subsequent non-compliance with the current technical standards, which may be affected by the revocation, could result in penalties under the Telecommunications Act 1997. These penalties can include fines and other enforcement actions depending on the nature and severity of the non-compliance. The revocation itself is a regulatory measure to tidy up the legislative framework, ensuring it remains relevant and efficient.

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