Issue for comment 30/2014—16 July 2014
The ACMA has remade the Telecommunications Labelling Notice and ACMA Technical Standards:
Submissions closed on the 19 September 2014. The ACMA received eight submissions:
The ACMA’s response to issues raised in submissions is available here.
The ACMA is seeking public comment on a proposal to remake the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the TLN) made under section 407 of the Telecommunications Act 1997 and 16 telecommunications technical standards made under section 376 of the Act (ACMA standards).
The ACMA proposes to remake the TLN and a number of the ACMA standards prior to their respective sunset dates so that their ongoing effect is preserved. While there are substantial structural changes to the proposed TLN, there is no increase in regulatory burden arising from these changes. The structural changes aim to make the TLN a less complex, more easily understood instrument that clearly outlines the responsibilities of people subject to the telecommunications regulatory arrangements for customer equipment and customer cabling.
A consultation paper outlining the proposed changes to the TLN and the ACMA standards, including a draft proposed TLN instrument, is now available:
- Consultation paper (Word 309 kB)
- Draft Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2014 (Word 192 kB).
The Act, the TLN and ACMA technical standards operate together to create the regulatory arrangements for the supply and connection of customer equipment and customer cabling. The objective of the arrangements is to manage both consumer (health and safety, access to the emergency call service) and industry (network integrity) risks.
The Legislative Instruments Act 2003 provides for the automatic repeal (‘sunset’) of all legislative instruments on the 1 April or 1 October 10 years after the instrument was registered on the Federal Register of Legislative Instruments. All government organisations are responsible for considering whether the legislative instruments they have made and that are due to sunset will be relevant after the relevant sunset date. Further information about sunsetting is available here.
Submissions are invited from interested parties by close of business Friday 19 September 2014. They can be sent to firstname.lastname@example.org.
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide: Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.
Publication of submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). 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 (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.
Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:
- contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
- enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or through use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.