Don’t be caught out: Declare your TCP Code compliance | ACMA


06 March, 2017 04:01 PM


Don’t be caught out: Declare your TCP Code compliance

By the Editor

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If you’re a provider covered by the TCP Code, Chapter 9 requires you to lodge a statement verifying your compliance with the Code. This statement—known as a compliance attestation—must be lodged with Communications Compliance (CommCom) by a specified date each year. 

The ACMA has identified compliance with these new arrangements as one of its priorities for 2017 so it’s important to lodge your documents in a timely manner.

How do I know if I need to lodge a compliance attestation?

Anyone covered by the TCP Code must submit a compliance attestation. If you aren’t sure if the Code applies to your business then ask yourself:

  • Am I a carriage service provider?
  • Do I supply goods or services for use in connection with the supply of a listed carriage service?
  • Are any of my customers residential and/or small business consumers?
  • Do I have one or more customers at 1 April?

If the answer to these questions is yes, then chances are you’re covered by the TCP Code and are required to lodge a compliance attestation with CommCom.

Who is CommCom?

CommCom is an independent body that monitors and reports on code compliance. They are primarily responsible for overseeing the Code Compliance Framework set out in Chapter 9 of the TCP Code.

When do I have to submit the compliance attestation?

Smaller providers (those with less than 3,000 services in operation (SIO)) are required to submit compliance documents with CommCom by 1 April. The lodgement window for 2017 opened on 6 March and closes on 1 April 2017.

Larger providers (those with 3,000 or more SIO) are required to lodge the documents with CommCom by 1 September.

I am a smaller provider, can I still lodge in September?

Under the new arrangements, smaller providers can submit a request to defer lodgement of compliance attestation until the second lodgement window in September. However, to be eligible to defer your lodgement you must defer via CommCom’s provider portal by 1 April.

If you submit a deferral, remember you still need to lodge documents by 1 September.

For more information on lodgement and deferral contact CommCom.

What happens if I miss the lodgement date?

It’s important to remember your lodgement date as they are ‘hard’ dates specified in the TCP Code. If you miss lodgement by your specified date, you risk being investigated by the ACMA for failure to comply with the TCP Code.

Is there anything else I need to do?

Another key requirement under Chapter 9 is registering with Communications Alliance. More information on this requirement can be found here.

You should also make sure you read Chapter 9 to make sure you’re aware of any other obligations under the Code Compliance Framework.