Proposal to remake Telecommunications Determination | ACMA

Proposal to remake Telecommunications Determination

Issue for comment 57/2014—15 December

Submissions

The consultation period has now closed. The following submissions are available below. 

Background

The ACMA is seeking public comment on proposed changes to customer cabling regulatory arrangements.

The Telecommunications (Section of Telecommunications Industry) Determination 2003 (No. 1) (the Telecommunications Determination) is due to ‘sunset’ on 1 April 2015.

The ACMA has formed the preliminary view that this cabling instrument is operating effectively and continues to form a necessary part of the cabling legislative framework. As such, the ACMA proposes to remake it without any substantive changes prior to the sunset date. The only changes proposed are minor editorial changes such as updating outdated references and some minor formatting changes to improve layout and presentation.

The Telecommunications Determination specifies cabling service operators to be a section of the telecommunications industry under subsection 110(3) of the Telecommunications Act 1997 (the Act). Cabling service operators are persons that supply, or arrange to supply, cabling services on a commercial basis and includes businesses that arrange for the installation, connection or maintenance of customer cabling.

The effect of the Telecommunications Determination is that an industry code registered by the ACMA under Part 6 of the Act may apply to cabling service operators.

consultation paper provides background on the purpose of the Telecommunications Determination.

Submissions

The ACMA welcomes submissions on the proposed remaking of the Telecommunications Determination. Interested parties are invited to comment on the proposed changes and to 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, Monday 2 February 2015.

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: amend.cabling@acma.gov.au

By mail:
Australian Communications and Media Authority
Technical Regulation Development Section
PO Box 13112 Law Courts
Melbourne Vic 8010

Please direct any enquiries to:

Background

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.

Effective consultation

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.

Privacy

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 invitation to comment 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 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.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

Last updated: 27 June 2016