Consolidated compliance mark: Proposed implementation arrangements
The consultation period has now closed. The ACMA received 27 submissions to this discussion paper:
The ACMA sought public comment on proposed amendments to labelling arrangements to implement a consolidated compliance mark covering telecommunications, radiocommunications, electromagnetic compatibility (EMC) and electromagnetic energy (EME). The Consultation Paper sought comment on:
- the proposed implementation arrangements;
- draft amendments to the Labelling Notices; and
- draft Protected Symbols Determination.
Industry participants, consumer bodies and members of the public were invited to make a submission on the paper by close of business, Friday 12 August 2011. A copy of the paper can be found on the ACMA website in PDF (1.6 mb) or Word (325 kb) formats.
Submissions should identify:
- the name of the party making the submission;
- the organisation represented, if applicable; and
- contact details, including telephone, postal address and email address.
Submissions can be sent:
by email: firstname.lastname@example.org or
Technical Regulation Development Section
Australian Communications and Media Authority
PO Box 13112 Law Courts
Melbourne Victoria 8010
Electronic submissions should be in MS Word format.
Please direct any enquiries to:
- Patrick Emery on 03 9963 6874 or email@example.com or
- Sally Skinner on 03 9963 6981 or firstname.lastname@example.org
The ACMA has four Labelling Notices:
- Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Telecommunications Labelling Notice);
- Radiocommunications Devices (Compliance Labelling) Notice 2003 (the Radiocommunications Labelling Notice);
- Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008 (the EMC Labelling Notice); and
- Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Labelling Notice 2003 (the EME Labelling Notice).
The Labelling Notices require suppliers to apply a label (compliance mark) to specified devices to illustrate compliance with the requirements of the relevant Notice. There are currently three compliance marks—C-Tick, A-Tick and Regulatory Compliance Mark (RCM)—that can be applied in respect of the identified ACMA technical regulatory requirements. These compliance marks are considered to be 'regulatory marks'. Each compliance mark is a prima facie indication of compliance with applicable technical requirements.
However, the existence of multiple regulatory marks, which apply in relation to particular technical requirements, is inconsistent with the evolution in the communications and IT technical and commercial environments. The use of multiple marks also has the effect of increasing regulatory and compliance costs for industry.
Following a public discussion period in 2009, the ACMA has made an in-principle decision to consolidate the existing compliance marks into a single consolidated compliance mark (the RCM) covering telecommunications, radiocommunications, EMC and EME technical requirements.
Subject to final ACMA approval, from 1 July 2012 all ACMA Labelling Notices will specify the RCM as the compliance mark to indicate compliance with applicable regulatory requirements. The A-tick and C-tick will be phased out over a period of three years. Devices already labelled with the A-Tick or C-Tick at the end of the transition period will not be required to be relabelled.
The implementation of a consolidated compliance mark will lessen some industry administrative burdens by reducing the complexity of the compliance marking arrangements and the time required to understand and meet those arrangements. Simpler marking arrangements should also increase the likelihood of compliance and so improve regulatory outcomes.
Publication of submissions
In general, the ACMA publishes all submissions it receives. However, the ACMA will not publish submissions that it considers contain defamatory or irrelevant material.
The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for confidentiality claims.
The ACMA will not automatically accept all claims of confidentiality. The ACMA will consider each claim for confidentiality on a case-by-case basis. If the ACMA accepts a confidentiality claim, it will not publish the confidential information unless required to do so by law.
When can the ACMA be required by law to release information?
The ACMA may be required to release submissions by law under the Freedom of Information Act 1982 (Cth) or for other reasons including for the purpose of parliamentary processes or under court subpoena. The ACMA will seek to consult submitters of confidential information before that information is provided to another body or agency, but the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
Sharing of information
Under the Australian Communications and Media Authority Act 2005, the ACMA is able to disclose submissions to the Minister, Department including authorised officials, Royal Commissions and certain Commonwealth authorities such as the Australian Competition and Consumer Commission and Australian Securities and Investments Commission.
If information is accepted by the ACMA as confidential, the ACMA will seek to consult with the submitter of the information where the ACMA intends to share that information.