Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2009L03730 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the Australian Communications and Media Authority

 

Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1)

Telecommunications Act 1997

 

Purpose of Variation

The Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1) (the Amendment Declaration) was made by the Australian Communications and Media Authority (the ACMA) on 29/09/2009.  The Amendment Declaration amends the Telecommunications (Types of Cabling Work) Declaration 1997 (the Declaration) to reflect the replacement of the AUSTEL Technical Standard TS 035 – 1996 (Issue 2) by the new Australian Standard AS/ACIF S035:2008 – Requirements for installation of temporary field telecommunications customer cabling for defence purposes.  The new Australian Standard can be accessed at the Communications Alliance Ltd website: http://www.commsalliance.com.au/Documents/Documents/Standards/s035

 

Legislative Provisions

 

Under subsection 419(1) of the Telecommunications Act 1997 (the Act), the ACMA may, by notice in the Gazette, declare that a specified kind of cabling work is a type of cabling work for the purpose of Division 9 of Part 21 of the Act.  If the ACMA makes a declaration, then for the purposes of Division 9 of Part 21 of the Act, the type of cabling work is to be ascertained solely by reference to the declaration. 

A declaration made under subsection 419(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The existing Declaration was made by the Australian Communications Authority (the ACA) and commenced on 1 July 1997.

 

Background

The Telecommunications (Types of Cabling Work) Declaration 1997 was made under section 419 of the Act.  

The types of cabling work listed in Schedule 1 to the Existing Declaration are the types of cabling work that are not “cabling work” for the purposes of Division 9 of Part 21 of the Act. One of these is customer cabling for temporary field telecommunications facilities which are used, or will be used, by the Department of Defence or the Defence Force. This type of cabling work is not subject to the provisions in Division 9 of Part 21 of the Act if it meets the requirements of the technical standard which in the Existing Declaration is the AUSTEL TS 035-1996.

Communications Alliance, the body responsible for drafting industry standards, has, as part of its ongoing review process, reviewed the technical standard, AUSTEL TS 035-1996, and found it was out of date and that it did not provide current information essential for (or relevant to) persons subject to the requirements of the technical standard.  Communications Alliance convened a working committee to develop the Australian Standard, AS/ACIF S035:2008 – Requirements for installation of temporary field telecommunications customer cabling for defence purposes (the Standard) to replace the technical standard.

Public Consultation

Communications Alliance issued a draft of the Standard on 13 May 2008 and called for public comment on the Standard.  The consultation period involved a public promotion through the media (the Australian newspaper), industry advocates and consulting directly with key industry stakeholders.  The consultation period was open for a period of 62 days.  On 12 August 2008, the Communications Alliance Board approved the publication of the Standard and made a submission to the ACMA for the Standard to be referred to in the Declaration.

Given that the Amendment Declaration makes changes to the existing Declaration that are minor and that do not substantially alter existing arrangements, and because public consultation on the Standard has already been undertaken by Communications Alliance, the ACMA did not consult on the changes in the Amendment Declaration.

Regulation Impact

The ACMA consulted with the Office of Best Practice Regulation (OBPR) regarding the amending instrument.  The OPBR confirmed that this amendment would have a low impact on business, and would appear to impose no or low compliance costs.  The OPBR confirmed that a formal regulatory impact statement would not be required. 

 


Notes on the instrument

 

Section 1 – Name of Declaration

Section 1 provides for the citation of the Amendment Declaration as the Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1). .

 

Section 2 – Commencement

Section 2 provides that the Amendment Declaration commences on the later of:

(a)          the date it is registered under the Legislative Instruments Act 2003; and

(b)          the date of its gazettal.

 

Section 3 – Amendment of Telecommunications (Types of Cabling Work) Declaration 1997
Section 3 amends the Existing Declaration known as the Telecommunications (Types of Cabling Work) Declaration 1997.

 

Schedule 1  Amendment

Item [1] omits the reference to the AUSTEL technical standard TS 035 – 1996 (Issue 2) in paragraph 3(b) of Schedule 1 to the Existing Declaration and inserts the reference to the current Standard AS/ACIF S035:2008.

Overview

The Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1) was enacted to address the need for updating technical standards governing the installation of temporary field telecommunications cabling for defence purposes. This amendment, made by the Australian Communications and Media Authority (ACMA) under the authority granted by the Telecommunications Act 1997, reflects the replacement of the outdated AUSTEL Technical Standard TS 035 – 1996 with the new Australian Standard AS/ACIF S035:2008. The policy objective of this amendment is to ensure that the technical standards referenced in the legislation are current and relevant, thereby maintaining safety and efficiency in the telecommunications sector. Given that the changes are minor and do not substantially alter existing arrangements, the ACMA did not undertake further public consultation on this specific amendment, having already done so in the development of the new standard.

Scope and Application

The Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1) is a legislative instrument that amends the Telecommunications (Types of Cabling Work) Declaration 1997, providing updates to the standards for telecommunications cabling work as specified under the Telecommunications Act 1997. This Amendment Declaration applies to entities and individuals involved in the installation of temporary field telecommunications customer cabling for defence purposes. It updates the technical standard from AUSTEL TS 035-1996 to the current Australian Standard AS/ACIF S035:2008. The Amendment Declaration is intended to ensure that the cabling work aligns with the most recent industry standards, particularly for the Department of Defence and Defence Force. The amendment does not substantially alter existing arrangements and, given the minor nature of the changes and prior public consultation on the new standard, no additional consultation was undertaken by the Australian Communications and Media Authority (ACMA). The Amendment Declaration applies nationally, across all jurisdictions in Australia, and is a legislative instrument under the Legislative Instruments Act 2003. It is designed to streamline compliance and reduce the regulatory burden on businesses by updating outdated technical standards.

Key Provisions

The Telecommunications (Types of Cabling Work) Amendment Declaration 2009 (No.1) primarily modifies the Telecommunications (Types of Cabling Work) Declaration 1997 by updating the referenced technical standard for temporary field telecommunications cabling work used by the Department of Defence or the Defence Force. The key operative sections of this Amendment Declaration are section 1, which names the document, and section 3, which amends the existing Declaration. The main change is the replacement of the outdated AUSTEL Technical Standard TS 035-1996 (Issue 2) with the current Australian Standard AS/ACIF S035:2008 (item [1] of Schedule 1). This update ensures that the cabling work for temporary field telecommunications facilities used by the Department of Defence complies with the most recent industry standards. The Amendment Declaration imposes specific obligations on parties involved in temporary field telecommunications cabling work for the Department of Defence. Primarily, it mandates that such cabling work must adhere to the requirements outlined in the Australian Standard AS/ACIF S035:2008. This standard governs the installation processes to ensure safety, efficiency, and compliance with regulatory frameworks. By referencing the new standard, the Amendment Declaration seeks to maintain high industry benchmarks and protect public and operational interests. While the Amendment Declaration itself does not introduce new offences or penalties, the overarching Telecommunications Act 1997 provides a framework for enforcement and compliance. Under the Act, non-compliance with the types of cabling work specified in the Declaration could potentially lead to regulatory action. The penalties for breaching the Act's provisions can include fines and other civil or criminal consequences, depending on the severity and nature of the breach. For example, section 420 of the Act stipulates that a person who contravenes the Act or engages in conduct that is prohibited by the Act may be subject to penalties that can vary significantly depending on the specific breach. The Amendment Declaration ensures that the technical standards governing temporary field telecommunications cabling work are up-to-date and reflect current industry practices. By aligning with the Australian Standard AS/ACIF S035:2008, it maintains the integrity and safety of cabling work performed for the Department of Defence, ensuring that these activities remain compliant with legislative requirements.

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