Issue for comment 21/2014 – 13 June 2014
The ACMA is seeking public comment on proposed changes to customer cabling regulatory arrangements.
Two cabling legislative instruments made by the ACMA are due to ‘sunset’ (repeal automatically) on 1 October 2015. These instruments are:
- Telecommunications Cabling Provider Rules 2000
- Accreditation Procedures for Cabling Provider Registrars.
The ACMA has formed the preliminary view that these two cabling instruments are operating effectively and continue to form a necessary part of the cabling legislative framework. As such, the ACMA proposes to remake each of them without any substantive changes prior to the sunset date.
In the process of remaking these instruments, the ACMA proposes to use the opportunity to also rationalise the overall number of instruments associated with customer cabling.
To achieve this, it is proposed that the two instruments mentioned above be consolidated with a third customer cabling instrument—the Telecommunications Cabling Provider Rules 2000 – Arrangements for Operation of the Registration System (No.3) (2012) (the Arrangements Instrument).
The effect of the proposed change will be that three customer cabling instruments will be consolidated into a new single instrument, without any substantive change to the regulatory arrangements. The three ‘old’ instruments will then be repealed and replaced by the new consolidated instrument.
A draft of the proposed new instrument is available:
Comments are sought on:
- the proposed remaking of the two sunsetting instruments
- their consolidation with the Arrangements Instrument to make a single consolidated instrument.
The ACMA welcomes submissions on the consultation paper and draft instrument. Interested parties are invited to comment on the proposed changes presented for public comment and to also identify any additional matters that may require clarification or amendment. Industry participants, consumer bodies and members of the public are invited to make a submission by close of business, Friday 22 August 2014.
Submissions should identify:
- the name of the party making the submission
- the organisation represented (if applicable)
- contact details, including telephone, postal address and email address.
Submissions can be sent:
By email: email@example.com
Australian Communications and Media Authority
Technical Regulation Development Section
PO Box 13112 Law Courts
Melbourne Vic 8010
Please direct any enquiries to:
The Legislative Instruments Act 2003 provides a regime for the automatic repeal of legislative instruments after 10 years, unless action is taken to exempt them. All government organisations are responsible for considering whether the legislative instruments they have made and that are due to sunset will be relevant after their sunset date. Further information about sunsetting is available here.
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 Effective consultation: A guide to making a submission. The 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. The ACMA prefers to receive submissions that are not 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 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 Commonwealth 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 purpose of the collection of the personal information from submissions to these papers is to:
- allow the ACMA to contact submitters where follow-up is required
- provide them with future notification on related matters.
Submissions in response to these papers are voluntary. Except where the ACMA accepts a claim of confidentiality over material in a submission, it generally publishes submissions received. This includes publication of any incorporated personal information; for example, name, address or telephone number that may be included at the beginning or end of a submission.
The ACMA will not use such personal information for any other purpose other than those specified above unless otherwise permitted to do so under the Privacy Act.