Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025

The central concept is the “AS/CA Standard”, defined in section 6 as the Australian Standard AS/CA S002:2010 published by Communications Alliance Ltd in October 2010. This is a detailed technical document specifying analogue interworking and non-interference requirements. The instrument does not reproduce those requirements; manufacturers and importers must obtain and apply the industry standard themselves. The standard applies only to “customer equipment” that is used or to be used for connection to an “analogue switched telephone network two-wire service” (section 12). That service is defined as an analogue service delivered over a switched telephone network by means of a circuit based on two metal wires. This effectively captures traditional copper-line PSTN phones and analogue terminal adaptors used with VoIP services that present a two-wire analogue interface. The “switched telephone network” definition in section 6 is broader: any network enabling a customer to establish a connection for voice frequency communication with another customer, automatically or with operator assistance. This potentially includes some modern IP-based networks that offer analogue two-wire interfaces.

The concept of a “class of items” in section 10 is important for manufacturers and importers who produce or import multiple identical units. An item (including a modified item) is included in a class if it is identical to every other item of that class and has the same manufacturer or importer. The “original item” is the first manufactured or imported item of that class. For modified items, the “original modified item” is the first item of the class to be modified in Australia. This allows later identical items to rely on the standard version that applied to the original item, avoiding the need to re-test or re-certify each unit if the industry standard has changed in the interim. This reduces compliance costs in volume production.

The “ACMA transition period” (section 8) and “AS/CA transition period” (section 9) are mechanisms to manage transitions when the AS/CA Standard is amended or replaced. The AS/CA transition period is a period specified by Communications Alliance Ltd in an amendment instrument or replacement standard, during which items may comply with either the old or new version. The ACMA transition period is generally the same as that AS/CA transition period, but if Communications Alliance does not specify a period, the ACMA transition period defaults to two years from the date of amendment or replacement. These transitional periods can overlap, creating a situation where items manufactured or imported during an overlap may choose from among the standard versions in force at the start of any of the overlapping periods (sections 14(4), 15(6)). This adds flexibility but also complexity, as manufacturers must track the status of multiple transition periods.

“Modified item” is defined in section 6 as an item modified after manufacture or import by or on behalf of the manufacturer or importer. The date a modified item is made is the date of the modification (section 11). This is separate from the original manufacture or import date. The standard requires modified items to comply with the AS/CA Standard as in force on the date of modification (section 15(1)), but again allows class of items and transition period pathways. A modification that is “not material” under section 15(3) allows the modified item to continue relying on the original item’s compliance date, provided the modification does not or could not reasonably be expected to affect compliance with the AS/CA Standard as in force at the original date. This is a factual determination and could be disputed by ACMA, introducing some uncertainty.

The primary duty holders are manufacturers and importers of customer equipment that falls within the scope defined by section 12. This includes both Australian-based manufacturers and foreign manufacturers whose equipment is imported into Australia. The definition of “manufacturer or importer of customer equipment” is drawn from section 406A of the Telecommunications Act 1997, which typically includes entities that manufacture or import equipment for supply in Australia. The standard does not affect retailers, resellers, or end users directly, unless they modify equipment (e.g., repairers who modify equipment may become the “manufacturer or importer” of a modified item). Carriers and carriage service providers are indirectly affected because they must only connect compliant equipment to their networks; non-compliant equipment could compromise network integrity under section 5. However, the standard imposes no direct obligations on carriers; their duties to protect network integrity derive from the Act and carrier licences, not from this instrument.

The scope is limited to equipment connecting to an “analogue switched telephone network two-wire service”. This is a shrinking market segment as the National Broadband Network (NBN) rolls out and traditional PSTN services are phased out. However, many premises still have analogue phone sockets, and equipment such as corded phones, fax machines, analogue modems, and some medical alert devices still use two-wire analogue interfaces. The standard also affects manufacturers of VoIP analogue terminal adaptors (ATAs) if those ATAs present a two-wire analogue port intended for connection to a telephone network. The definition of “switched telephone network” is broad enough to include networks that are not traditional PSTNs, so long as they enable voice frequency communication connections. This could capture certain private networks, but the note in section 12 restricts the reference to telecommunications networks in Australia operated by a carrier or carriage service provider, so it does not apply to purely private or internal networks not connected to the public network.

The compliance burden falls most heavily on smaller manufacturers and importers who may lack the resources to track amendments to the AS/CA Standard, manage transition periods, and maintain records of class-of-items determinations. The flexibility of class-of-items and transition periods helps reduce testing costs for high-volume identical items, but the complexity of overlapping transition periods (sections 14(4) and 15(6)) could impose administrative costs disproportionate to the volume of equipment affected. The savings provision in section 16 protects equipment already lawfully supplied before the commencement date, so existing stocks are not stranded. Over time, the effect on competition is likely neutral: the standard is mandatory for all, so it does not advantage or disadvantage particular firms, but the cost of compliance (including obtaining the AS/CA Standard, testing, and recordkeeping) creates a barrier to entry for new market participants. The requirement to comply with a privately published industry standard, rather than a government-published technical specification, also gives Communications Alliance Ltd a degree of control over the technical requirements, which could be subject to capture or process issues, though ACMA retains the power to accept or reject amendments via the transition period mechanism.

The core duty is stated in sections 13, 14, and 15: an item (including a modified item) must meet the requirements set out in one of the specified compliance pathways. For unmodified items, the duty is to comply with the AS/CA Standard as in force on the date of manufacture or import (section 14(1)), or to rely on the class-of-items provision (section 14(2)), or to use an ACMA transition period (sections 14(3), (4)). For modified items, the duty is similar but tied to the date of modification (section 15(1)), with additional allowances for modifications that are not material (section 15(3)) and transition periods (sections 15(5), (6)). The duty is not to achieve a particular performance outcome but to ensure that the equipment meets the technical requirements of the AS/CA Standard as it existed at the relevant date. This is a compliance-by-design obligation; the manufacturer or importer must obtain the standard, test or assess the equipment against it, and maintain evidence of compliance.

The class-of-items provisions confer a significant right: later identical items can comply with the standard version that applied to the original item, even if the standard has since been amended. This reduces the need for repeated testing and recertification, lowering compliance costs for ongoing production runs. However, this right is conditional on the items being identical and having the same manufacturer or importer (section 10(1)(a) and (b) for unmodified items; section 10(2)(a)(ii) for modified items). Even minor differences in components or software versions could break the class and require a new original item determination. The right to use a transition period is also valuable: during an ACMA transition period, the manufacturer or importer may choose to comply with either the old standard version or the new one (sections 14(3), 15(5)). This allows time to redesign products or clear inventory without violating the standard. Overlapping transition periods (sections 14(4), 15(6)) give even more options but require careful tracking.

The materiality provision for modified items (section 15(3)) grants a right to treat non-material modifications as not triggering a new compliance obligation. However, the test in section 15(4) is whether the modification “would or could reasonably be expected to affect” compliance with the AS/CA Standard. This is a subjective assessment that the manufacturer or importer must make; if ACMA later disagrees, the equipment could be deemed non-compliant. The onus is on the person making the modification to demonstrate that the modification was not material. This creates a compliance risk for those who modify equipment (e.g., for repair, software updates, or component substitutions). The standard does not require prior approval from ACMA, so manufacturers must self-assess and bear the risk of error.

The rights under the savings provision in section 16 are also important: items manufactured or imported before 30 March 2025 that complied with the 2015 standard are taken to comply with this new standard. This avoids the need to re-evaluate existing inventory. Similarly, modifications made before commencement that complied with the 2015 standard are grandfathered. These savings are limited to items that actually complied with the old standard; items that were non-compliant under the 2015 standard remain non-compliant.

This technical standard does not itself create penalties. It is made under subsection 376(1) of the Telecommunications Act 1997, and the enforcement mechanisms are found in that Act. Supply of customer equipment that does not comply with a technical standard may be an offence under section 106 of the Act, which prohibits the supply of non-standard equipment. The penalties under the Act can include fines (currently up to 500 penalty units for an individual, and more for body corporates, though exact amounts depend on the penalty unit value). Additionally, ACMA may issue formal warnings, directions to comply, or injunctions. The standard can also be used as evidence in civil proceedings for damages or other remedies. The standard does not specify a testing or certification regime; compliance is self-assessed by manufacturers and importers, subject to ACMA’s audit and enforcement powers.

The repeal of the 2015 standard means that the old standard cannot be relied upon for new items after commencement, except through the savings provision for items already produced. Enforcement actions for non-compliance with the 2015 standard would have ceased upon its repeal, but any breaches that occurred while it was in force could still be prosecuted under transitional provisions of the Act (not addressed in this instrument). The standard’s objects in section 5 tie compliance to broader public policy goals such as network integrity and safety, but these do not create private rights of action; only ACMA and possibly carriers (under their network protection obligations) would have standing to enforce.

The standard does not require labelling, registration, or prior approval by ACMA. This minimises upfront regulatory burden but increases the risk of non-compliance detection only after a problem arises, such as network harm or interference. The cost of enforcement is borne by the public through ACMA’s budget, and the deterrent effect depends on the likelihood of detection and the severity of penalties. For small operators, the risk may be low if they fly under the regulatory radar, but for large suppliers, ACMA scrutiny is more likely.

This technical standard is made under the Telecommunications Act 1997 and operates as a legislative instrument under that Act. It is one of several technical standards made by ACMA under Part 21 of the Act. Other standards may apply to the same equipment if it has other functions, such as wireless interfaces (e.g., the Radiocommunications Act 1992) or electromagnetic compatibility (e.g., under the ACMA’s EMC framework). The interaction is cumulative: the equipment must comply with all applicable standards. This standard only covers analogue interworking and non-interference for two-wire connections; equipment that also includes wireless or digital interfaces must meet separate requirements. The note in section 6 references definitions from the Act (customer equipment, emergency call service, facility, import, manufacturer/importer, standard telephone service, telecommunications network). These definitions are incorporated by reference, so any amendment to those definitions in the Act would automatically flow through to this instrument unless the contrary intention appears. Similarly, section 7 provides that references to other legislative instruments are to those instruments as in force from time to time, unless a contrary intention appears. This means if the Act or other related instruments are amended, the references update automatically, reducing the need for amendment of this standard.

The interaction with the AS/CA Standard itself is critical: the instrument incorporates the industry standard by reference, but the industry standard is not a legislative instrument. Amendments to AS/CA S002 are not automatically reflected in the legal requirements; they only take effect when ACMA provides a transition period under this standard, or when the manufacturer chooses to comply with a newer version. The instrument does not allow manufacturers to comply with future amendments before they are recognised by ACMA (unless during a transition period they choose the new version). This gives ACMA oversight of when new industry requirements become mandatory. Communications Alliance Ltd is a private industry body, so the process of amending the industry standard is not subject to the same procedural safeguards as legislative instruments (e.g., consultation requirements, disallowance). However, ACMA retains control over the transition period and could choose a period different from the one specified by Communications Alliance (section 8(b) gives a default two-year period if no AS/CA transition period is set). The interaction with state and territory laws is minimal, as telecommunications technical standards are a Commonwealth matter. However, equipment used in hazardous locations may also need to comply with state electrical safety laws, and compliance with this standard does not guarantee compliance with other requirements such as the Australian Consumer Law (e.g., safety guarantees under the ACL).

This instrument is a new standard made on 20 March 2025, commencing on 30 March 2025. It repeals and replaces the Telecommunications Technical Standard (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to the Public Switched Telephone Network - AS/CA S002) 2015 (F2015L00184). The previous standard had been in force since 2015. The change appears to be a routine update to refresh the standard, change its name (including “Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network”), and incorporate updated drafting, including the new class-of-items and transition period definitions that were not explicit in the 2015 version. The new standard also includes more detailed provisions for modified items and overlapping transition periods. The instrument itself may be amended or replaced in future as the AS/CA Standard evolves. The note in section 7 says references to other legislative instruments are to those instruments as in force from time to time, so this standard will automatically incorporate changes to related instruments. The instrument does not contain a sunset or review clause, but as a legislative instrument it is subject to the normal periodic review cycle under the Legislation Act 2003. There have been no other amendments since its commencement.

No litigation has arisen from this specific instrument as it is very new. The predecessor standard (the 2015 version) also appears not to have generated reported litigation. Technical standards of this kind are rarely the subject of direct court proceedings; compliance issues are typically resolved by ACMA through administrative action, directions, or infringement notices. If a dispute were to arise, it would likely concern: (a) whether an item falls within scope (i.e., whether it is customer equipment for connection to an analogue switched telephone network two-wire service); (b) whether an item properly complies with the AS/CA Standard; (c) whether a class-of-items determination is correct (e.g., whether items are truly “identical”); or (d) whether a modification is material. Such disputes would be heard in the Federal Court or the Administrative Appeals Tribunal (now the Administrative Review Tribunal) in the context of judicial review of ACMA decisions. The instrument does not create a private right of action, so a competitor could not sue for non-compliance directly; they could only complain to ACMA. In practice, the cost of litigation would likely deter all but the most significant disputes. The lack of litigation history does not indicate insignificance; it reflects the self-executing nature of the regime and ACMA’s enforcement discretion.

Several less obvious aspects of the instrument could trip up manufacturers and importers.

First, the definition of “item” in section 6 includes a modified item, and the date a modified item is made is the date of the modification (section 11). This means that if a manufacturer imports a batch of equipment and later modifies it (e.g., by installing a firmware update or changing a component), the modification creates a new compliance obligation as of that date. The modifer may not be the original manufacturer or importer; if someone else performs the modification, they may become the “manufacturer or importer” of a modified item under the Act. This can expose repairers or refurbishers to duties they did not anticipate.

Second, the class-of-items provisions are strict about identity. Section 10(1)(a) requires the item to be “identical to each other item of the class”. Even a change in colour, packaging, or a minor component could break the class. The original item’s compliance date sets the standard version for the entire class, but if the manufacturer later changes the design even slightly, they may need to reassess and may have to designate a new original item for the new class. The onus is on the manufacturer to maintain records proving identity.

Third, the materiality test for modified items (section 15(4)) is stated in the negative: a modification is material if it “would or could reasonably be expected to affect whether the modified item complies”. This is a low threshold - it includes modifications that “could” affect compliance, not just those that definitely do. Any modification that touches functionality or electrical characteristics could be deemed material. Manufacturers should treat all modifications as material unless they have strong technical evidence to the contrary. A wrong assessment could lead to non-compliance of the entire class of modified items.

Fourth, the transition periods are not automatically generous. The ACMA transition period defaults to two years only if Communications Alliance does not set a period. Communications Alliance may set a shorter period (e.g., six months) in its amendment instrument, and that becomes the ACMA transition period under section 8(a). Manufacturers relying on transition periods must monitor Communications Alliance publications. Overlapping periods (sections 14(4) and 15(6)) provide more options but require careful documentation of which standard version applies at the time of manufacture or modification. The choice of which version to comply with during an overlap is the manufacturer’s, but must be consistent for each item; mixing could cause confusion.

Fifth, the savings provision in section 16 only covers items that complied with the 2015 standard. If a manufacturer had items that were non-compliant under the 2015 standard but would be compliant under the new standard, they are not saved; they remain non-compliant even after commencement. There is no amnesty for prior non-compliance.

Sixth, the instrument applies to equipment “used, or to be used, for connection to an analogue switched telephone network two-wire service” (section 12). This includes equipment that is not yet connected, such as stock held by a distributor. The duty arises upon manufacture or import, not upon connection. So even if a piece of equipment is never actually connected to a network, it must still comply at the point of manufacture or import. This means that manufacturers cannot avoid compliance by arguing the equipment is not ultimately used.

Seventh, the incorporation of AS/CA S002:2010 by reference means the technical requirements are not set out in the instrument. Manufacturers must purchase or access the standard from Communications Alliance. While the standard is available free of charge on the Communications Alliance website per the note in section 6, the instrument does not guarantee that future amendments will remain freely available. If Communications Alliance changes its access policies, compliance costs could rise.

Compliance with this technical standard requires a structured approach. First, determine whether the equipment falls within the scope of section 12: is it customer equipment that is used or to be used for connection to an analogue switched telephone network two-wire service? If the equipment is purely digital (e.g., an IP phone with no analogue port) or connects only via a wireless link (e.g., a mobile phone), it is outside scope. Equipment with an analogue two-wire interface (e.g., a standard corded telephone, fax machine, analogue modem, or ATA with RJ11 ports) is likely in scope. Second, identify whether the equipment is an “item” as defined, and whether it has been modified after manufacture or import. If unmodified, the relevant compliance date is the date of manufacture or import. For imported equipment, the date of import (i.e., the date the item entered Australia) is key. For modified items, the date of modification is used. Third, obtain the AS/CA Standard as it stood on that date. The standard is AS/CA S002:2010, but note that it may have been amended by Communications Alliance. The instrument does not specify which version of the AS/CA Standard is in force on a given date; that must be determined by tracking amendment instruments published by Communications Alliance. The instrument’s definition of “AS/CA Standard” is static (the October 2010 version), but the term is used in sections 14 and 15 to refer to that standard “as in force” on the relevant date. This is a potential ambiguity: does “as in force” mean the 2010 base document plus any subsequent amendments? Yes, that is the natural reading - the standard as amended from time to time. Manufacturers must therefore monitor Communications Alliance announcements for amendments and replacement standards.

Fourth, choose a compliance pathway. The simplest is to ensure the item meets the AS/CA Standard as in force on the date of manufacture or import (section 14(1) for unmodified items). If multiple identical items are produced or imported, the class-of-items pathway (section 14(2)) allows later items to rely on the original item’s compliance date, reducing the need to retest each batch. To use this pathway, the manufacturer must: (a) ensure each later item is identical to the original item in all respects; (b) ensure the manufacturer or importer is the same; and (c) keep records proving the identity and the original item’s compliance. For modified items, the same principles apply (section 15(1) and (2)). If a modification is made and it is not material (i.e., it does not affect compliance), the modified item can retain the original item’s compliance date (section 15(3)). However, the manufacturer should document the engineering assessment that the modification does not affect compliance, to rebut any later allegation of materiality.

Fifth, monitor transition periods. When Communications Alliance amends or replaces AS/CA S002, ACMA will establish a transition period (section 8). During that period, items may comply with either the old version or the new one (or, if overlapping, any of the versions). Manufacturers must decide which version to comply with for items manufactured or imported during the transition. The decision should consider inventory clearance, redesign schedules, and customer requirements. Once the transition period ends, only the new version is acceptable.

Sixth, maintain compliance records. ACMA may request evidence of compliance at any time. Records should include: the standard version applied; the date of manufacture, import, or modification; evidence of testing or other assessment against the standard; and, if using class-of-items or transition period provisions, the basis for that reliance. For modified items, also keep records of the modification and the materiality assessment.

Seventh, ensure that any equipment manufactured or imported before the commencement of this standard (30 March 2025) complied with the 2015 standard to benefit from the savings provision (section 16). If not, it must be brought into compliance with this standard before supply. Finally, if the equipment also falls under other ACMA technical standards (e.g., for EMC or radio), those must be complied with separately.