Record-keeping - telecommunications suppliers | ACMA

Record-keeping - telecommunications suppliers

A supplier of a product subject to the telecommunications regulatory arrangements is required to maintain documentary evidence (compliance records) to demonstrate that the product complies with the applicable technical standard. These requirements are specified in the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 (the TLN).

The type of evidence required to be obtained and maintained by a supplier varies depending on the risk of interference that may be expected from the product–high risk and non-high risk.

Compliance records help to:

  • accurately identify the product
  • provide information about compliance of the product with applicable standards
  • confirm the supplier’s reasonable satisfaction that all of the products of the class supplied comply with the applicable standards.

Specific record-keeping requirements

Compliance records must be in English and may be a certified copy of the original record. 

A supplier must ensure that compliance records are updated as appropriate within 30 days of a change to the product. For example, if the product is changed or modified in any way that alters the description of the product, the compliance records may need to be updated or replaced. It is the supplier’s responsibility to ensure the compliance records are maintained. 

A supplier must ensure that the compliance records for the product are available for inspection by the ACMA upon request.

A supplier or agent, must retain compliance records for two years after the supplier ceases to supply the product in Australia. 

Compliance records

Compliance records must be appropriate for each risk level and consist of:

Required records (as applicable):

  • a Declaration of Conformity (DoC)
  • a description of the product
  • an entry for a particular cabling product, listed on a register maintained by the supplier
  • a copy of any documentation that must accompany the product when supplied
  • any agency agreement that relates to the keeping of such records
  • particular written statements (for example, reasons why a label cannot be affixed to the surface of an product and information about modifications).

Additional records that may be required:

  • test reports or endorsed test reports for some products or other supporting documentation, showing the product conforms with the applicable technical standard.

A description of each compliance record is set out below.

Declaration of Conformity

A DoC is a document made by or on behalf of the supplier asserting that the product being supplied is compliant with the applicable ACMA technical standard/s and, that all products of that type supplied in the future will also comply with the standard. A product must not be supplied in Australia unless a DoC has been completed for that product.

The format of the DoC is flexible; a supplier may create their own form of declaration. However, any declaration must contain, as a minimum, all of the information listed in the sample DoC (Form C02) on the ACMA website.

Completing the Declaration of Conformity 

The person signing the declaration must be reasonably satisfied that the evidence contained within the compliance records is sufficient to demonstrate compliance with the applicable ACMA technical standards. The documentary evidence a supplier requires to be ‘reasonably satisfied’ that the product complies with an applicable standard will depend on whether the standard is a high risk standard or not a high risk standard.

A supplier is not required to hold the documentation upon which the supplier has relied to complete the DoC. However, the supplier may be required to make that documentation available to the ACMA upon request.

There are significant penalties for knowingly or willingly providing false or misleading information.

Description of a product

The description of a product must include sufficient information for a person to determine whether a particular product is identical to the product for which a DoC, test report, endorsed test report or statement by a certification body was prepared. 

The description of the product must include:

  • the current model number for the product and, if relevant, any related model numbers for the product
  • one or more photographs of the product, showing the product’s internal and external aspects (including the printed circuit boards)
  • if the product incorporates software – details of the version of the software installed
  • sufficient information (such as a block diagram) to determine whether the product is the same as described in the compliance records.

Record-keeping requirements for cabling products that are not labelled

A supplier that has an approved exemption from the ACMA to supply a particular cabling product without a compliance label must meet specified record keeping requirements.

A supplier must ensure the cabling product complies with the applicable technical standard, maintain compliance records and maintain a publicly available register of the product supplied under the exemption.

The register must be available on the internet and list each compliant cabling product that is being supplied under the exemption.

More information on the exemption and a supplier’s obligations can be found at Exemption from labelling particular cabling products page.

Documentation that must accompany the product when supplied

If there is a reasonable likelihood that a product could be installed or operated in a manner which is inconsistent with an applicable technical standard and would pose a public safety risk, the product must be supplied with documentation specifying how the product should be installed and operated in a manner which is consistent with the standard.

Agency agreements

A manufacturer or importer engaging the services of an agent must have a written agency agreement with the agent.

The agreement allows an agent to act as the representative for compliance with the ACMA regulatory arrangements.

A copy of the agreement must be kept with the required compliance documentation.

More information can be found on the Agency agreements page.

Test reports / endorsed test reports

A test report should identify the product (type, model and batch number), the testing agency, the standards tested to, the tests conducted and the test results, and (if appropriate) the methodology used to conduct the test.

More information on testing can be found on the Testing – telecommunications products page.

Documentary evidence (compliance records) for each risk level

Documentary evidence must include a DoC and a description of the product.

Additional documents (evidence) that a supplier may rely on to be reasonably satisfied that a product complies with the applicable technical standard include:

Non-high risk

  • a test report
  • a statement prepared by a certification body.
  • an endorsed test report
  • a statement prepared by a certification body
  • an IECEE CB test report that is accompanied by an IECEE CB Test Certificate, as well as a statement prepared by an Issuing and Recognising NCB that operates in Australia or a recognised testing authority
  • a certificate issued under a law of a State or Territory that deals with the safety of electrical equipment.

High risk

  • an endorsed test report
  • a statement prepared by a certification body
  • an IECEE CB test report that is accompanied by an IECEE CB Test Certificate, as well as a statement prepared by an Issuing and Recognising NCB that operates in Australia or a recognised testing authority
  • a certificate issued under a law of a State or Territory that deals with the safety of electrical equipment.

Note: the kinds of documents mentioned in point three, are only prepared or issued for products in relation to which AS/NZS 60950.1-2011 is an applicable technical standard

Modified product

Where a change or modification to a product is made, changes will be required to the compliance record. These changes will depend on the extent of the change or modification and whether it affects the compliance of the product with the applicable technical standards. A modification that affects the compliance of the product with the applicable technical standards is a material modification. 

For any modification, the supplier must include a written signed statement in the compliance records that identifies the modified product; identifies the modification; describes the differences between the modified product and the unmodified product and indicates whether the modification is or is not material.

For a material modification, the supplier must ensure that the modified product complies with each of the applicable technical standards and also complete a new DoC for the modified product.

The supplier must not apply a compliance label to the modified product unless it is fully compliant with the applicable standards.

Availability of compliance records for inspection

Compliance records must be available for inspection by the ACMA upon request. The ACMA may request records as part of an audit or an investigation.

In some cases, the records may not be enough to establish conformity. The ACMA can require a supplier to obtain additional evidence including conducting additional testing at an accredited laboratory.

Next:

Register on the national database and apply a compliance label to the product.

Last updated: 05 February 2016