Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000)
16.3The Registrar may only provide facilities for making applications by cabling providers for registration on-line by electronic communications if public key technology is used to guarantee the security and integrity of such applications.
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Turn the raw legal text into a practical explanation grounded in Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000).
The Telecommunications Cabling Provider Rules 2000 (the Rules) made by the Australian Communications Authority (ACA) under subsection 421(1) of the Telecommunications Act 1997 (the Act) apply to every person who wishes to perform or supervise the performance of cabling work specified in Part 2 of the Rules. The Rules commence on 3 October 2000.
However, if a person held a cabling licence under the Act immediately before the commencement of the Rules, the person becomes subject to the Rules on the earliest of the expiration of the person's current licence or when the person is registered under the registration system made under Part 3 of the Rules, or on 3 October 2005. If a person holds a current cabling licence and registers, the conditions of the licence and the conditions of registration are both applicable. Registrars should advise applicants to surrender their cabling licence where the licence expiry period is greater than 1 month starting on the date of the making of an application for registration.
Part 4 of the Rules specify requirements for the performance of types of cabling work described in Part 2 of the Rules. Cabling providers must comply with these requirements which include:
Part 16.3 - Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000) - The Registrar may only provide facilities for making applications by cabling providers for registration on-line by electronic communications if public key technology is used to guarantee the security and integrity of such applications. | Zoe
registration of cabling providers and supervisors of cabling work;
compliance with standards for cabling work;
mandatory use of compliant cabling and customer equipment;
direct supervision of unregistered cabling providers;
certification of cabling work; and
compliance with additional requirements for the performance of restricted cabling work that relates to aerial cabling.
Part 3 of the Rules requires the ACA to make arrangements for the operation of a system for the registration of cabling providers (the system), including supervisors of cabling work. Subsection 3.1(2) of the Rules lists the matters that must be included in the system and subsection 3.1(3) of the Rules lists matters that may be included in the system.
The matters included in the system (which may be amended from time to time) for the registration of cabling providers, under which an accredited registrar must operate, are set out in this document.
Part 2 - Competency requirements for registration
For the purpose of the system, competency requirements with which a cabling provider must comply before being eligible for registration must be published by the ACA under paragraph 3.1(2)(a) of the Rules. These requirements are contained in the publication entitled Competency Requirements for Cabling Provider Rules 2000 (competency requirements) for the types of cabling work described in Part 2 of the Rules and are set out in Schedule 1.
All qualifications, units of training and/or competency standards must be determined in the manner set out in the competency requirements. In the event that qualifications, units of training and/or competency standards, as determined, have not been endorsed by the Australian National Training Authority, the ACA may give reasonable directions to registrars regarding the use of suitable qualifications, units of training and/or competency standards that will be acceptable for the purpose of registration.
Registrars must advise applicants who wish to register with them of the relevant qualifications, units of training and/or competency standards, that when attained, satisfy the competency requirements for the types of cabling work specified in Part 2 of the Rules.
Recently expired cabling licences and registrations
For the purposes of paragraph 17 of these arrangements, a cabling provider who held a cabling licence under the Act or registration with an accredited registrar may, within 30 days after the expiration of that licence or registration, use that licence or registration as evidence of competency as if it were a current cabling licence or current registration.
For the purposes of paragraph 17 of these arrangements, the ACA may, at its discretion, allow a cabling provider who held a cabling licence under the Act or registration with an accredited registrar that has expired for more than 30 days, to use that licence or registration as evidence of competency as if it were a current cabling licence or current registration. This discretion will only be exercised in extraordinary circumstances where the cabling provider can show just cause. When exercising this discretion the ACA will have regard to the period that the cabling licence or registration has lapsed, any administrative errors relating to registration, personal circumstances of the cabling provider (eg. overseas postings and health), changes to relevant standards and the Wiring Rules, other evidence of competency and all relevant provisions in the Rules. The cabling provider must make an application for this purpose in writing to the ACA showing just cause why the discretion should be exercised. The ACA will consider the application and provide written advice to the cabling provider. The cabling provider may then take that advice to an accredited registrar and the registrar will be allowed to register the provider where the advice specifies that the cabling provider may use an expired licence or registration as evidence of competency.
Part 3 - Registration of cabling providers and conduct of the registrar
Registrars entitled to conduct registration services must be accredited in accordance with accreditation procedures made and published by the ACA under subsection 3.1(7) of the Rules. These procedures are the Accreditation Procedures for Cabling Provider Registrars made by the ACA on 3 October 2000.
For the purpose of the system, the registration of cabling providers and the conduct of registrars is set out in a Deed in relation to Cabling Provider Registrar Obligations (the Deed). These are matters that can be included in the system under paragraphs 3.1(2)(b), 2(c) and 3(a) of the Rules. The Deed is in a standard form approved by the ACA and will be the same for all accredited registrars. Additional provisions apply where the registrar is under the control of one or more controlling entities.
The Deed is between the registrar, its controlling entity(ies) if any and the ACA. The Deed must be executed by all the parties to give effect to the accreditation of the registrar by the ACA.
The approved form of the Deed is set out in Schedule 2. The provisions in the Deed regarding controlling entities will not apply if there are no such entities.
A registrar must conduct itself in a manner consistent with the obligations in the Deed. The Deed includes provisions, consistent with the Privacy Act 1988 and the Information Privacy Principles, for the protection of personal information given to a registrar.
A registrar also has the following obligations and responsibilities:
(i) The registrar must provide applicants with appropriate registration forms and provide assistance to complete the forms. The registration forms must include the information requirements set out in Schedules 3 and 4.
(ii) The registrar must advise applicants about the evidence of competency required to make an application and advise them about their obligations to retain that evidence during the registration period and for the purpose of auditing and inspection of cabling work.
(iii) The registrar must ensure that registration forms are completed correctly and issue an appropriate registration to the cabling provider for the type of cabling work.
(iv) In the case of a registration for cabling work in relation to digital data security alarm services, fire alarm services and computer services, the registration form must include on it words to the effect of “limited to Security, Fire and/or Computer cabling” as appropriate.
(v) Upon registration, the registrar must provide a cabling provider with a copy of the Explanatory Guide to Cabling Provider Rules so that the provider is made aware of all legal obligations under the Rules.
(vi) Each registrar may set its own registration period during which a person may be registered as a cabling provider. Before the expiry of the registration period for a cabling provider, the registrar must make suitable arrangements for informing the provider of the need to renew the provider's registration at the end of the registration period.
Part 4 - Conditions for registration
For the purpose of the system, conditions for registration may apply under paragraph 3.1(3)(b) of the Rules. A person must comply with the following conditions to be registered as a cabling provider.
(i) The person must correctly complete and sign the declaration on the registration form which includes the details set out in Schedule 3 when applying for registration for the particular types of cabling work in Part 2 of the Rules. In the declaration the person must verify that the competency requirements have been met for the type of cabling work and that the person will comply with the Rules.
(ii) The person must hold evidence of competency before being registered and at the time of making an application for registration must declare to the registrar that the person:
holds appropriate qualifications, has completed the necessary units of training and/or attained the relevant competency standards; or
holds a current cabling licence under the Act; or
has a current registration as a cabling provider with an accredited registrar.
(iii) For a person who holds a current cabling licence under the Act and who wishes to convert to another registration type for cabling work under Part 2 of the Rules, the following table applies when making such an application.
Current Cabling Licence Type
Registration Type
Base Cabling LicenceGeneral Premises Cabling Licence
Open
Restricted Cabling Licence
Restricted
Lift Premises Cabling Licence
Lift
Special conditions for security alarm, fire alarm and computer cabling work
Special conditions apply to a person performing cabling work that relates only to digital data security alarm, digital data fire alarm or digital data computer services where cables are connected to the telecommunications network and the person does not have evidence of competency. Such a person must register as a cabling provider with an accredited registrar not later than 6 months after the Rules commence.
A person must comply with the following conditions to be registered as a cabling provider performing cabling work that relates to digital data security alarm services, digital data fire alarm services and digital data computer services:
(i) The person must, within 3 years starting on 3 October 2000, meet the competency requirements relevant to the type of cabling work for these services.
(ii) During the period of 3 years starting on 3 October 2000, if the person performing cabling work in relation to these services does not meet the relevant competency requirements, the person is only permitted to undertake cabling work which is behind a compliant device such as an alarm panel or modem.
(iii) The person must not terminate any cables between the network boundary and the compliant device.
(iv) The person must correctly complete and sign the special declaration on the registration form which includes the details set out in Schedule 4 when applying for registration to perform cabling work in relation to these services. The declaration must contain a statement that the person will comply with the Rules and hold evidence of competency by 2 October 2003 should the person continue performing such cabling work after that date.
Part 5 - Circumstances in which registration may be suspended, revoked or renewed
For the purpose of the system, the ACA may under paragraph 3.1(3)(c) of the Rules specify circumstances in which a registrar may suspend, revoke or subsequently renew a registration. Such a decision can only be made if the ACA gives a written direction to a registrar to suspend, revoke or renew a registration.
The registrar must immediately give a notice to this effect to the cabling provider and update the records of the cabling provider showing the person's status. During the period of suspension of a registration the effect is that the cabling provider may not perform cabling work of any type.
The ACA will have regard to breaches of the Rules before giving a direction.
Part 6 - Auditing cabling work
Regulatory inspections of cabling work are conducted by the ACA in response to written complaints and randomly. Contracted auditors will conduct compliance audits of cabling work on a random basis. This program will be managed by the ACA in conjunction with the Australian Communications Industry Forum Limited.
Part 7 - Auditing registration documents
A registrar must validate the information on 1% of all registration forms submitted to the registrar each financial year (ending 30 June). If the information is incorrect or if the registrar believes that there is a discrepancy in the information, the registrar must immediately notify the ACA of this and provide details of the error or discrepancy.
Part 8 - Revocation
The Arrangements for Operation of the Registration System, made by the ACA on 3 October 2000, is revoked.
__________________________
Schedule 1
Competency Requirements for Cabling Provider Rules 2000
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Competency Requirements
for
Telecommunications Cabling Provider Rules 2000
For the purpose of paragraph 3.1 (2)(a) of the Telecommunications Cabling Provider Rules 2000 the competency requirements herein are published.
Contents
Page
Part 1 Introduction.....................................................3
For the purpose of paragraph 3.1 (2)(a) of the Telecommunications Cabling Provider Rules 2000 (the Rules) the competency requirements in this document have been published by the Australian Communications Authority (ACA). The competency requirements for open, restricted and lift cabling types are detailed.
These requirements are the basis on which the Australian National Training Authority (ANTA) via their Industry Training Advisory Bodies (ITABs), will develop competency standards and related training for cabling, within the Australian Qualifications Framework and Australian Recognition Framework.
1.1 Competency requirements
The competency requirements are based on the requirements in ACA Technical Standard 008 and AUSTEL Technical Standard 009 (or their replacements) within the context of the:
installation and modification of cable support, earthing and termination infrastructures;
installation, maintenance and modification of communications cables and earth wires;
termination and testing of communications cables and earth wires;
creation of specific records and completion of mandatory completion forms; and
monitoring of work activities and direct supervision of cablers not holding appropriate registration.
1.2 Cabler Registration
Competency standards developed from the requirements in this document by the ITABs will be the basis for mandatory cabler registration under the Rules.
For registration an initial set of competency standards will be developed by the Information Technology & Telecommunications Industry Training Advisory Board. These competency standards will be submitted for endorsement to the National Training Framework Committee (NTFC) and placed on the national training register for formal recognition within the Australian vocational education and training system via the Telecommunications Training Package ICT97.
Other national ITABs may either adopt these endorsed standards within their own training packages or formally demonstrate equivalence by mapping their existing standards to the competency requirements.
When equivalent standards and/or qualifications are determined, a “List of Equivalence Requirements” shall be forwarded to ANTA for approval, then passed on to the NTFC for noting and provided to the ACA for distribution to all accredited Cabler Registrars under the Rules.
Future equivalence determinations will be made by appropriate ITABs and forwarded to the ACA for agreement and inclusion in the “List of Equivalence Requirements” and distribution to all accredited Cabler Registrars.
Part 2 Restricted Cabling Requirements
2.1 Description
Restricted cabling work is cabling work that is performed only in relation to a customer’s premises, and in which the customer cabling that is used terminates directly at the network boundary on a socket or network termination device. Restricted cabling work includes aerial and underground cabling work on private property.
Typically the restricted type of customer cabling is confined to domestic premises but it may be applicable to some small business and commercial environments.
Generally this type of customer cabling is used to connect devices for the following range of applications: telecommunications (phones, facsimile and answering machines), simple data and computer use, security alarm panels, and fire control panels.
2.2 Range of application
The range of application, listed below, provides the conditions associated with the key elements for this type of cabling work and it specifies the basic knowledge and minimum expected cabler performance.
Regulatory environment:
Telecommunications Act 1997;
ACA;
Australian Communications Industry Forum;
Labelling requirements;
Certified Components List; and
Accredited registrars and registration.
Cabling environment:
Indoor environments including concealed locations such as ceilings, false ceilings, internal wall space, under floor, damp situations and modular workstations;
Outdoor environments including cable installations on external walls and underground and aerial cabling on private property;
Underground cabling in an exclusive trench or shared trench with electrical low voltage (LV) cables and/or other utilities; and
Aerial telecommunications cabling for restricted cabling work but does not include installations on poles shared with LV/high voltage (HV) electrical power cables or terminations.
Cable type:
Copper twisted pair including indoor, external, aerial and underground cabling.
Cable identification:
Cable conductor identification codes may be colour coded, banded, numbered or lettered.
Termination systems:
A range of at least three different socket types (Australian and United States modular sockets and Mode 3 alarm sockets) and at least one network termination device must be individually terminated.
Note: Jumperable distributors are not included in this requirement.
Earthing and protection:
Earthing for protection and surge suppression must be treated in accordance with AUSTEL Technical Standard 009 (or its replacement).
Records:
Telecommunication Cabling Advice 1 (TCA1) form; and
In the future, possibly network termination device record cards.
Note: Records may be in hard copy or software versions but must conform to AUSTEL Technical Standard 009 (or its replacement).
Relevant legislation, codes, regulations and standards:
ACA Technical Standards TS 008 and AUSTEL Technical Standard 009;
Communications Cabling Manual (Restricted); and
AS/NZS 3000.
Note: the documents above or their replacements apply.
2.3 Critical cabler performance
The cabler performance should preferably be assessed within the workplace environment, but suitably simulated workplace environments would be acceptable.
Assessment must be undertaken by approved assessors within the ANTA training system via Registered Training Organisations.
Performance Requirements:
The following performance requirements must be demonstrated:
Installing cable including three types of telephone sockets, one network termination device and one alarm panel, including accurate completion of a TCA1 form;
Conducting and interpreting cable test results; and
Correctly interpreting and applying relevant legislation, codes, regulations and standards.
Skills and Knowledge Summary:
Cable installation;
ACA cabling provider rules, cabler registration, other rules and regulations; and
Basic telephony.
Skills and Knowledge Breakdown:
Cable installation including:
General metallic (non-specialised) cables;
Internal/external installations;
Cable damage awareness;
Domestic installations;
ACA requirements;
Cable termination preparations;
Termination types, network termination devices and outlets;
Common installation tests; and
Protective earthing.
ACA cabling provider rules including:
ACA role;
Telecommunications Act 1997;
ACA cabling provider rules, categories and limitations;
Supervision requirements;
ACA Technical Standard 008 (or its replacement);
AUSTEL Technical Standard 009 (or its replacement);
Communications Cabling Manual; and
Mandatory and voluntary technical standards.
Basic telephony including:
Telephone operation.
Part 3 Open Cabling Requirements
3.1 Description
Open cabling work is any type of cabling work in which the customer cabling that is used terminates directly at the network boundary on a socket, network termination device, or a distributor. Open cabling work includes aerial and underground cabling work on private and public property.
Typically, open cabling work that terminates at distributors is associated with larger commercial and industry installations involving many lines, multi-pair cables, backbone cabling, multi-story buildings and complicated termination modules.
Generally open cabling work that terminates at distributors is used to connect devices for telecommunications (phones and facsimile), data including video and multimedia, security and alarms, and fire protection.
Note: The range of application and critical cabler performance requirements for the open cabling type includes that specified for the restricted type, however, the relevant information from restricted cabling has not been duplicated below.
3.2 Range of application
The range of application, listed below, provides the conditions associated with the key elements for this type of cabling work and it specifies the basic knowledge and minimum expected cabler performance.
Regulatory environment:
Telecommunications Act 1997;
ACA;
Australian Communications Industry Forum;
Labelling requirements;
Certified Components List; and
Accredited registrars and registration.
Cabling environment:
Indoor environments include locations such as ceilings, false ceilings, riser shafts, internal wall space, under floor, damp situations and workstations;
Outdoor environments include cable installations on external walls, and underground and aerial cabling on private and public property;
Underground cabling including shared trenches with electrical LV/HV cables and other utilities; and
Aerial cabling installations that may include the sharing of poles with LV/HV electrical power cables and terminations.
Cable support systems:
Suspension catenary wire, ducts, cable tray, line poles, pipes, pits; and
Wall and island mounted patched and jumperable distributors including campus distributors, building distributors, floor distributors and local distributors.
Note: Cable trays may be galvanised steel or PVC. Perforated low or high sided, single or multi channel cable ducts may be closed, open, PVC, metal, single or multiple channel.
Cable types:
Copper twisted pair from two pair upwards but must include two, three and four pair and at least one larger cable (20 pair or greater).
Note: Cable and topology may be chosen to suit a range of applications including analogue voice (3.4 kHz bandwidth), digital voice (64 kbit/s) and digital (2 Mbit/s ISDN).
Cable identification:
Cable conductor identification codes may be colour coded, banded, numbered or lettered.
Cable Termination systems:
At least one jumperable distributor (campus distributor or building distributor) with a capacity of 100 pair or greater; and
A non-jumperable distributor (local distributor) and a patch panel must be terminated.
Earthing and protection systems:
Installation of protective earth(s) for over voltage and surge/spike suppression;
Installation of protective earth barriers for segregation, cable tray, duct and metal equipment enclosures;
Running of equi-potential bonding conductors to multiple earth neutral and use of earth stakes;
Installation of functional earth(s) including telecommunications reference conductor and communications earthing system types to provide customer switching system facilities; and
Earthing of screened cable, barriers and cable trays for the reduction or elimination of interference from electromagnetic, radio frequency and power sources.
Records:
TCA1 forms;
Building, cabling and equipment location plans;
Building distributor, campus distributor and floor distributor record books and local distributor record cards;
Labelling of patch panels, distributor verticals, distributor pairs, equipment closets and rooms;
Labelling of telecommunication outlets; and
In the future, possibly network termination device record cards.
Note: Records may be in hard copy or software versions but must conform to AUSTEL Technical Standard 009 (or its replacement).
Clearances and segregation:
Clearances and segregation requirements are defined in AUSTEL Technical Standard 009 (or its replacement).
Relevant legislation, codes, regulations and standards:
ACA Technical Standard 008 and AUSTEL Technical Standard 009;
Communications Cabling Manual (Open); and
AS/NZS 3000.
Note: the documents above or their replacements apply.
3.3 Critical cabler performance
The cabler performance should preferably be assessed within the workplace environment, but suitably simulated workplace environments would be acceptable.
Assessment must be undertaken by approved assessors within the ANTA training system via Registered Training Organisations.
Performance Requirements:
The following performance requirements must be demonstrated:
terminating systems at both distributor and outlet locations;
terminating at least one 50 pair copper cable, including accurate completion of installation records, drawing alterations and compliance forms;
placing cables on support structures and building faces for both internal and external locations;
securing methods for the above locations;
work practices which avoid cable damage such as crushing, burning, kinking, sheath twist, cutting, nicking and bending radius;
reading and interpreting drawings related to cable layouts, outlet location, cable coding system and identifiers and distributor locations;
conducting and interpreting cable test results; and
correctly interpreting and applying relevant legislation, codes, regulations and standards.
Skills and Knowledge Summary:
Cable installations;
Cable termination products;
Cable conductor identification codes;
Cable support systems;
Cable types;
Earthing systems;
Earth testing;
Read plans and specifications;
Cable record systems;
ACA cabling provider rules, cabler registration, other rules and regulations;
Basic switching systems;
Telecommunication hazard awareness; and
Basic telephony.
Skills and Knowledge Breakdown:
Cable installation including:
General metallic (non-specialised) cables;
Internal and external installations;
Cable dispensers, hauling mechanisms;
Cable damage awareness;
Domestic, commercial installations;
ACA requirements;
Cable termination preparations;
Termination types, distributors, network termination devices and telecommunication outlets;
Radiofrequency interference and electromagnetic interference;
Electrical interference;
Lightning earths;
Gas arrestors; and
Overvoltage protection.
Earth testing including:
Earth testing instruments; and
Earth testing procedures (insulation and conductor resistance).
Reading plans and specifications including:
Cabling plans, records, symbols and abbreviations;
Commercial premises plans; and
Backbone cabling diagrams.
Cable record systems including:
Types of records;
Cable distribution records;
Jumpering records;
Standard record systems;
Responsibilities for records;
TCA1 forms; and
ACA requirements.
ACA cabling provider rules including:
ACA role;
Telecommunications Act 1997;
ACA cabling provider rules, categories and limitations;
Supervision requirements;
ACA Technical Standard 008 and AUSTEL Technical Standard 009 (or their replacements);
Communications Cabling Manual; and
Mandatory and voluntary technical standards.
Switching systems awareness including:
Developing switching systems;
Customer switching systems and related interfaces;
Customer switching services, System Distribution Frames / Test Point Frames, power fail and line interface requirements (eg Indial, Rotary groups, Extension and Tie-line circuits);
Simple block diagrams;
Basic programming; and
Printed circuit board hazards and handling techniques.
Telecommunication hazard awareness including:
Optical fibre cable;
Underground cable; and
Aerial cable.
Basic Telephony including:
Principles of sound;
Transmission;
Telephone transmitter;
Telephone receiver;
Telephone operation; and
Basic telephone circuits.
Part 4 Lift Cabling Requirements
4.1 Description
Lift cabling work is cabling work that is performed in relation to a lift that has been installed, or is to be installed. The customer cabling that is used connects a cross connection point adjacent to the lift motor room, and the lift control cubicle within the lift motor room, and the lift cars.
Generally this type of customer cabling is used to connect devices for telecommunications (phones), data for video, audio and alarms.
Note: The range of application and critical cabler performance requirements for the lift cabling type includes that specified for the restricted cabling type, however, the relevant information from restricted cabling has not been duplicated below.
4.2 Range of application
The range of application, listed below, provides the conditions associated with the key elements for this category of cabling work and it specifies the basic knowledge and minimum expected cabler performance.
Regulatory environment:
Telecommunications Act 1997;
ACA;
Australian Communications Industry Forum;
Labelling requirements;
Certified Components List; and
Accredited registrars and registration.
Cabling environment:
The lift machine/motor room; and
The lift shaft including inside and outside the lift car and communications cabling of the lift travelling cables and connections.
Cable support systems:
Conduit;
Catenary wire;
Simple cable tray runs;
Open and closed ducts; and
Travelling cable supports in accordance with AUSTEL Technical Standard 009 (or its replacement).
Cable types:
Copper twisted pair; and
Travelling cable flat and circular types complying with AS1979.
Cable identification:
Cable conductor identification codes may be colour coded, banded, numbered or lettered.
Clearances and segregation:
Clearances and segregation requirements as defined in AUSTEL Technical Standard 009 (or its replacement).
Termination systems:
Travelling cable terminations; and
Distributors, sockets, connectors and modules.
Earthing and protection systems:
Protective earths must be treated in accordance with AUSTEL Technical Standard 009 (or its replacement).
Records:
TCA1 forms;
Building, cabling and equipment location plans; and
Local distributor record cards.
Note: Records may be in hard copy or software versions but must conform to AUSTEL Technical Standard 009 (or its replacement).
Relevant legislation, codes, regulations and standards:
ACA Technical Standard 008 and AUSTEL Technical Standard 009;
Communications Cabling Manual (Open);
AS/NZS 3000; and
AS1979 travelling cables.
Note: the documents above or their replacements apply.
4.3 Critical cabler performance
The cabler performance should preferably be assessed within the workplace environment, but suitably simulated workplace environments would be acceptable.
Assessment must be undertaken by approved assessors within the ANTA training system via Registered Training Organisations.
Performance Requirements:
The following performance requirements must be demonstrated:
installing typical lift cabling from a local distributor to a lift car socket, including accurate completion of installation records, drawing alterations and compliance forms;
reading and interpreting cable drawings and plans for locations and terminations;
conducting and interpreting cable test results; and
correctly interpreting and applying relevant legislation, codes, regulations and standards.
Skills and Knowledge Summary:
Cable installation;
Cable types;
Cable conductor identification codes;
Reading plans and specifications;
Cable record systems;
ACA cabling provider rules, cabler registration, other rules and regulations;
Australian standards and regulations; and
Basic telephony.
Skills and Knowledge Breakdown:
Cable installation including:
Lift cable supports and securing;
Cable dispensers, hauling mechanisms;
Cable damage awareness;
Cabling installations within the lift boundary;
ACA requirements;
Cable termination preparations;
Termination types, frames, outlets;
Distributors;
Terminations;
Jumpering;
Common installation tests;
Functional and protective earthing; and
Safe work practices.
Cable types including:
Telecommunications and data cable types;
Travelling cables;
Purpose, construction and characteristics;
Cable identification; and
ACA technical standards.
Cable conductor identification codes including:
Types of codes; and
Interpretation of codes.
Reading plans and specifications including:
Cabling plans, records, symbols and abbreviations;
Lift installation plans and specifications; and
Terminology.
Cable record systems including:
Types of records;
Cable distribution records;
Jumpering records;
Standard record systems;
Responsibilities for records;
TCA 1 forms; and
ACA requirements.
ACA cabling provider rules including:
ACA role;
Telecommunications Act 1997;
ACA cabling providers rules, categories and limitations;
Cabler registration;
Supervision requirements;
ACA Technical Standards 008 and AUSTEL Technical Standard 009 (or their replacements);
Communications Cabling Manual (Open);
Mandatory and voluntary technical standards;
AS/NZS 3000;
AS1979 – 1993 (travelling cable); and
Lift cabling boundary for lift installations.
Basic Telephony including:
Telephone operation.
Schedule 2
Deed in relation to Cabling Provider Registrar Obligations
DeedBetween[NAME OF REGISTRAR]And[NAME OF CONTROLLING ENTITY]And[NAME OF OTHER CONTROLLING ENTITY]AndAUSTRALIAN COMMUNICATIONS AUTHORITYin relation toCabling Provider Registrar Obligations
Compliance with Standards and Validation of Registrations 18
Warranties 19
Indemnity 20
Liability 20
Termination 21
Consequences of Termination 22
Dispute Resolution 22
Variation of Deed 23
Assignment 23
Waiver 23
Entire Agreement 23
Subcontracting 23
Applicable Law 24
Conflict of Interest 24
Survival of Clauses 24
Insurance 24
Severability 24
Notices 25
executED as a deed.............................................26
This Deed is made on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Parties
AUSTRALIAN COMMUNICATIONS AUTHORITY ABN 78 334 953 951 a body corporate continued in existence under the Australian Communications Authority Act 1997 (‘ACA’)
and
[NAME OF REGISTRAR] ABN .. ... ... ... [details of incorporation and registered office] (‘Registrar’)
and
[NAME OF CONTROLLING ENTITY] ABN .. ... ... ... [details of incorporation and registered office]
and together with
[NAME OF OTHER CONTROLLING ENTITY] ABN .. ... ... ... [details of incorporation and registered office] (jointly called the ‘Controlling Entities’)
Purpose
A. The Telecommunications Cabling Provider Rules 2000 (the Rules) made by the ACA commenced on 3 October 2000.
B. Under Part 3 of the Rules, the ACA must make arrangements for the operation of a system for the registration of cabling providers.
C. The system may include, amongst other things, the registration by a registrar of cabling providers that comply with certain competency requirements, requirements for the conduct of the registrar, arrangements for the auditing of registration documents and arrangements for the protection of information given to the registrar.
D. Under Part 3 of the Rules, the ACA is not required to act as the registrar.
E. The Registrar wishes to be appointed by the ACA as an accredited registrar for the purposes of Part 3 of the Rules, to enable it to provide Registration Services to cabling providers.
F. The ACA has agreed to appoint the Registrar as an accredited registrar so it can provide Registration Services to cabling providers.
G. On commencement of this Deed, the Registrar is appointed as an accredited registrar and is entitled to provide Registration Services to cabling providers within the framework of this Deed.
Operative Part
1. Definitions
1.1 Unless otherwise provided, terms in this Deed shall have the same meanings as provided in the Rules.
1.2 In this Deed, unless the contrary intention appears:
ACA means the Australian Communications Authority, a body corporate continued in existence under the Australian Communications Authority Act 1997;
Accreditation Criteria means the criteria for accreditation described in clause 5.1;
Annual Business Report means the report which the Registrar must provide to the ACA under clause 9.3;
Annual Performance Report means the compilation of Performance Reports which the Registrar must provide to the ACA under clause 9.2;
Authorised Auditor means any person or organisation (including an employee of that organisation) authorised in writing by the ACA to audit the Registrar’s ongoing compliance with this Deed and its financial records in relation to the Registration Services;
Business Day means any day other than a Saturday, Sunday or public holiday (including public service holidays) for the whole of the Australian Capital Territory or whole of the State or Territory in which the Registrar’s registered office is located;
Business Hours means the hours between 9.00 am and 5.00 pm local time;
Commencement Date means the later of:
(a) the date on which all Parties have executed this Deed; and
(b) the date on which the Rules are made;
Controlling Entities means [Name of Controlling Entity] ABN .. ... ... ... [details of incorporation and registered office] and together with
[Name of other Controlling Entity] ABN .. ... ... ... [details of incorporation and registered office];
Database means the database used to record, store and maintain details of all cabling provider registrations used in providing the Registration Services;
Default Event means an event described in clause 26.1;
Information Privacy Principles means the principles referred to as such under the Privacy Act 1988;
Intellectual Property includes all copyright and neighbouring rights, all rights in relation to inventions (including patent rights), registered and unregistered trade marks (including service marks), confidential information (including trade secrets and know how), databases, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
Parties means the ACA, the Registrar and the Controlling Entities;
Performance Report means the report which the Registrar must provide to the ACA under clause 9.1;
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
Registrar means [Name of Registrar] ABN .. ... ... ... [details of incorporation and registered office];
Registrar Coordinating Committee means the committee established by the ACA and known by that name, or its replacement, being a committee consisting of the following representatives:
(a) a representative of the ACA, who will chair the committee; and
(b) a representative of each accredited registrar.
Registration Services mean:
(a) registering applicants as cabling providers to perform the types of cabling work specified in the Rules upon receiving their correctly completed registration forms;
(b) issuing proof of registration to successful applicants;
(c) providing communications and mailings to cabling providers of information relevant to their registration;
(d) maintenance of the Database;
(e) handling enquiries and complaints concerning paragraphs (a) to (d); and
(f) any other matter within the scope of the Rules and agreed to by the Registrar Coordinating Committee which the ACA notifies to the Registrar as a Registration Service.
Rules means the Telecommunications Cabling Provider Rules 2000;
Service Levels means the following timeframes:
(a) issuing new or amended cabling provider registrations within 7 Business Days following receipt of a correctly completed registration form;
(b) responding to written and electronic communications (including inquiries and complaints) from cabling providers and the public within 7 Business Days of receipt;
responding to telephone enquiries from cabling providers and the public within 2 Business Days;
resolving complaints within 60 days after they are made; and
validating the information on 1% of the registration forms submitted each financial year to the Registrar using an appropriate sampling system, by the end of the financial year;
Services Development Plan means a plan for the development in Australia of:
(a) the Registration Services; and
(b) ancillary services relating to the industry in which cabling providers are involved;
by the Registrar and must deal with the following matters:
(c) arrangements for provision of and access to the Registration Services;
(d) consultation with industry on the services offered to cabling providers;
(e) the Registrar’s relationship with the communications cabling industry;
(f) details of the Registrar’s initiatives for improving industry standards;
(g) employment opportunities in industries in which cabling providers are involved, in relation to relevant training; and
(h) details of the Registrar’s complaints handling system;
(i) the Registrar’s staffing, directors and corporate structure; and
(j) the Registrar’s future strategic direction;
Termination Notice means a notice under clause 26.2 or 26.3 which has the effect of terminating this Deed.
2. Interpretation
2.1 In this Deed, unless the contrary intention appears:
(a) monetary references are references to Australian currency;
(b) the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
(c) a reference to a clause, paragraph or subparagraph is a reference to a clause, paragraph or subparagraph of this Deed;
(d) a reference to a person includes a partnership and a body whether corporate or otherwise;
(e) a reference to a body, a position or an authority whether statutory or not:
(i) which ceases to exist; or
(ii) whose powers or functions are transferred to another body, position or authority;
is a reference to the body, position or authority which replaces it or which substantially succeeds to its powers or functions;
(f) a reference to a financial year is to a financial year ending on 30 June;
(g) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(h) words in the singular number include the plural and vice versa;
(i) words importing a gender include any other gender;
(j) a reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth as amended or replaced from time to time.
(k) a reference to writing, or written, refers to any representation of words, figures or symbols capable of being rendered in a visible form; and
(l) no provision of this Deed will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of this Deed or that provision.
3. Scope of Deed
3.1 This Deed sets out the terms and conditions under which the Registrar has obtained and may maintain accreditation as a registrar.
4. Term
4.1 This Deed commences on the Commencement Date and, subject to this Deed, continues until terminated in accordance with clause 26.
5. Accreditation
5.1 The Registrar acknowledges that it has been invited to enter into this Deed in accordance with the accreditation procedures published by the ACA under subsection 3.1(5) of the Rules, which include the following criteria (the Accreditation Criteria):
(a) capability to provide Registration Services, including a suitably qualified and experienced staff to deliver the Registration Services;
(b) financial viability, to ensure the ongoing provision of Registration Services;
(c) demonstrated commitment to developing the cabling provider industry; and
(d) willingness and ability to comply with this Deed.
5.2 In order to maintain its accreditation, the Registrar must:
(a) continue to satisfy the Accreditation Criteria;
(b) comply with this Deed;
(c) comply with the arrangements for the operation of the system for the registration of cabling providers under the Rules;
(d) comply with reasonable directions given by the ACA relating to the Accreditation Criteria or this Deed; and
(e) provide the Registration Services:
(i) nationally, such that cabling providers throughout Australia are able to readily access the Registration Services provided by the Registrar, which at a minimum means that the Registrar must have representatives who can be contacted in each State and Territory;
(ii) at a minimum, during Business Hours on each Business Day;
(iii) by direct personal contact, mail, telephone, facsimile, email, internet and other electronic communications (as appropriate); and
(iv) in accordance with the Service Levels.
5.3 The Registrar must on request promptly provide the ACA with any information it reasonably requires concerning the Registrar’s performance of its obligations under this Deed.
5.4 The ACA may revoke the Registrar’s accreditation if:
(a) the Registrar commits a material breach of the requirements of this clause 5;
(b) the ACA has given the Registrar written notice specifying that breach; and
(c) the Registrar fails to remedy that breach to the ACA’s reasonable satisfaction within 14 days of receipt of that notice, or such longer period as may be specified in the notice.
5.5 If the ACA revokes the Registrar’s accreditation, then this Deed is terminated from the date of revocation.
5.6 If this Deed is terminated under clause 5.5 then the Registrar will cease to hold any accreditation from the date of termination of this Deed.
5.7 If:
(a) the Registrar’s circumstances change and the Registrar considers that this may affect its ability to maintain its accreditation; or
(b) the Registrar wants to significantly change some aspect of the manner of its operations regarding the Registration Services;
the Registrar must notify the ACA about the change and the ACA must make a decision in good faith about whether or not it remains appropriate for the Registrar to remain accredited.
5.8 If, under clause 5.7, the ACA decides it is not appropriate for the Registrar to remain accredited:
(a) the ACA must immediately request the Registrar to provide the ACA with adequate reasons as to why its accreditation should not be revoked; and
(b) if in the ACA’s reasonable opinion the Registrar’s response is unsatisfactory the ACA must immediately notify the Registrar that its accreditation is revoked to take effect from the date nominated in the notice.
Consequences of Accreditation
6.1 Obtaining accreditation by the ACA entitles the Registrar to:
(a) represent to third parties that it has been accredited by the ACA to provide Registration Services;
(b) use the words "accredited by the Australian Communications Authority" after the name of the Registrar on cabling provider registration cards;
(c) use the ACA name and ACA symbol in conjunction with the Registration Services in the Registrar's offices and on its website;
(d) provide Registration Services to cabling providers; and
(e) subject to the ACA’s prior written approval (except as provided for in paragraphs (a) and (b)), use the ACA name and ACA symbol on promotional material to indicate that the Registrar has been accredited by the ACA to provide Registration Services;
but the Registrar must not otherwise use the ACA name or ACA symbol.
7. Fees
7.1 The Registrar must only charge cabling providers for the provision of Registration Services on a cost recovery basis.
7.2 Charges on a cost recovery basis must be reasonably related to the expenses incurred or to be incurred by the Registrar in relation to the matters to which the charge relates.
8. Persons who must not be Registered
The Registrar must not register a person as a cabling provider who does not meet the conditions of registration made under the Rules or whose registration has been suspended or revoked in the circumstances determined under the Rules.
The Registrar must not register a person as a cabling provider who has not correctly completed a registration form approved by the Registrar.
If the ACA directs the Registrar to suspend or revoke or to subsequently cease suspension of or renew the registration of a cabling provider, the Registrar must do so immediately.
9. Reporting to the ACA
9.1 The Registrar must, within 15 Business Days of the end of each calendar quarter, provide an accurate Performance Report to the ACA which must include the following information:
(a) the performance of the Registrar against the Service Levels;
(b) the number of registrations of cabling providers by the following categories:
(i) new or renewal; and
(ii) type of registration (that is, open, restricted, lift or other cabling work);
(c) a reasonable estimate using an appropriate sampling system of:
(i) the method of application (that is, in person, mail, facsimile, email, internet or other electronic communication); and
(ii) industry sector (that is, telecommunications, lifts, security, fire, computing or other industry sector);
(d) data concerning complaints, including:
(i) the number of complaints received by the Registrar;
(ii) source and nature of complaint;
(iii) response time;
(iv) if applicable, action taken to remedy the matter complained of;
(v) if applicable, the complainant’s response to subparagraph (iv);
(vi) service satisfaction reports, being the reports based on surveys developed to measure customer satisfaction with the Registrar’s services; and
(vii) any other matter which the Registrar reasonably considers it important to bring to the ACA’s attention.
9.2 The Registrar must, by 31 October of each year, complete an Annual Performance Report which must include the following:
(a) Performance Reports provided under clause 9.1 compiled for the financial year; and
(b) statistical analysis of the nature of complaints and other data concerning complaints received during the financial year.
9.3 The Registrar must, by 31 October of each year, complete an Annual Business Report which must include the following:
(a) an updated Services Development Plan;
(b) analysis and performance measurements for the financial year regarding achievement of the Registrar's objectives in its Services Development Plan; and
(c) audited financial statements and reports of the Registrar for the financial year complying with relevant accounting standards.
9.4 The Registrar must, by 31 October of each year:
(a) provide copies of the Annual Performance Report to the ACA; and
(b) provide copies of the Annual Business Report to the ACA.
9.5 The ACA may provide copies of:
(a) the quarterly Performance Reports and Annual Performance Report to the Registrar Coordinating Committee; and
(b) the Annual Performance Report to members of the public.
10. Negation of Employment, Partnership and Agency
10.1 The Registrar is not by virtue of this Deed an officer, employee, partner or agent of the ACA, nor does the Registrar have any power or authority to bind or represent the ACA.
10.2 The Registrar agrees not to represent itself, and to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer, employee, partner or agent of the ACA, or as otherwise able to bind or represent the ACA.
11. Audit
11.1 The ACA may:
(a) no more than once per year; or
(b) if it has received a serious complaint in writing and after consultation with the Registrar;
require an audit, to be conducted by the Authorised Auditors, of the Registrar’s:
(c) compliance with this Deed;
(d) method and data used to work out the cost recovery basis for the provision of the Registration Services; and
(e) financial records in relation to the Registration Services;
11.2 The Registrar must:
(a) allow the Authorised Auditors reasonable access on reasonable notice during Business Hours on any Business Day to the Registrar’s personnel, premises, equipment, systems, records and documentation for the purposes of auditing the Registrar; and
(b) cooperate fully with the Authorised Auditors and respond promptly to, and comply with, any reasonable request from them.
11.3 Within 10 Business Days after the Registrar receives a written report of any audit findings from the ACA, the Registrar must respond to and address any issues reasonably identified by the ACA that require a response from the Registrar.
11.4 If, as a result of a report under this clause 11, the ACA takes the view that compliance with this Deed requires the Registrar to take certain actions, the ACA may direct the Registrar to take those actions to so comply and the Registrar must take those actions within 10 Business Days of the direction.
11.5 The costs of all actions required under this clause 11 to be taken by the Registrar to remedy the problems identified by an Authorised Auditor are to be borne by the Registrar.
12. Registrar not sole registrar
12.1 This Deed does not mean that:
(a) the Registrar has the right to be a sole supplier of Registration Services to cabling providers; or
(b) any cabling provider will use the Registrar’s Registration Services.
12.2 The ACA will advise each representative on the Registrar Coordinating Committee when a new application is received by the ACA from a person who wishes to be appointed as an accredited registrar in accordance with the provisions of this Deed.
13. Services Development Plan
13.1 The Registrar must finalise the development of a Services Development Plan and provide a copy to the ACA within 3 months of the Commencement Date.
13.2 A Services Development Plan must be for a period of 3 years commencing on 1 January of the first year and ending on 31 December of the third year.
13.3 The Registrar must update the Services Development Plan every financial year by the commencement of the next financial year.
13.4 In developing its Services Development Plan, the Registrar must consult with industry including cabling providers, cabling provider associations, employers, employer associations and training advisory bodies.
13.5 The Services Development Plan must be consistent with the Registrar’s obligations under this Deed.
13.6 The Registrar must make a summary of the Services Development Plan available to the ACA.
13.7 The ACA may provide copies of the summary of the Services Development Plan to members of the public.
14. Registrar Coordinating Committee
14.1 The Registrar agrees that its Chief Executive Officer or person of equivalent authority or his or her authorised representative will participate in and support the Registrar Coordinating Committee and do all things reasonably necessary or convenient to assist the Committee to achieve its objectives.
14.2 The Registrar agrees to comply with any:
(a) codes of practice;
(b) auditing requirements; and
(c) performance targets;
developed and agreed to by the Registrar Coordinating Committee.
14.3 The Registrar acknowledges that the Registrar Coordinating Committee may provide dispute resolution and conciliation and mediation services, and Committee members may assist the Registrar in complaints handling processes under clause 15.
15. Complaints Handling
15.1 The Registrar must ensure that while this Deed remains in force, processes are in place under which:
(a) a person can make an inquiry or complaint about the operation or management of the Registration Services by the Registrar in relation to themselves; and
(b) an inquiry or complaint under paragraph (a) will be:
(i) acknowledged as being received within 7 Business Days of receipt;
(ii) properly considered and resolved by the Registrar within 40 Business Days after it was made; and
(iii) if not resolved, referred to the Registrar Coordinating Committee or the ACA for resolution.
15.2 The processes under clause 15.1 must:
(a) be clear, transparent and accountable;
(b) not affect the rights of a complainant to enter into legal proceedings; and
(c) include a requirement to keep a central record of all written and verbal complaints received.
15.3 A review of any complaint made under clause 15.1 must be conducted by a member of the Registrar’s staff who:
(a) was not involved in the matter complained of; and
(b) is suitably qualified to deal with the matters raised by the complainant.
15.4 In respect of complaints alleging an interference with the privacy of an individual in respect of any services performed under this Deed, the Registrar must comply with clause 18.7.
15.5 The costs of all actions required under this clause 15 to be taken by the Registrar to resolve the complaint are to be borne by the Registrar.
16. On-line Access
16.1 The Registrar must provide the ACA with secure on-line access to the entire Database, including access to tools for searching, filtering and sorting records.
16.2 The Registrar must provide limited public access to the Database on-line by electronic means. Such access must include the following details about registered cabling providers:
(a) name; and
(b) registration type; and
(c) registration number;
and may include, with the consent of the cabling provider:
(d) contact details (such as current home and work street and postal addresses, telephone numbers, email addresses and internet website addresses).
16.3 The Registrar may only provide facilities for making applications by cabling providers for registration on-line by electronic communications if public key technology is used to guarantee the security and integrity of such applications.
17. Confidential Information
17.1 The Registrar must not, without the prior written approval of the ACA, disclose to any person other than the ACA, any information marked confidential or expressed as being given in confidence to the Registrar by the ACA. In giving written approval the ACA may impose such terms and conditions as it thinks fit.
17.2 This clause 17 survives the termination of this Deed.
18. Personal Information
18.1 The Registrar:
(a) agrees to abide by the Privacy Act 1988, including the Information Privacy Principles, as if it were an agency of the Commonwealth; and
(b) must, in the course of providing Registration Services to cabling providers, comply with the obligations set out in this clause 18 in light of its obligation under paragraph (a).
18.2 The Registrar must ensure that any of its employees or any subcontractor who requires access to any Personal Information held in connection with this Deed:
(a) is informed that they must not access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations or when acting pursuant to any requirements of or directions given by the ACA; and
(b) is informed that failure to comply with this requirement:
(i) may be a criminal offence; and
(ii) may also lead the Registrar to take disciplinary action against the employee or legal action against the subcontractor, as the case may be;
before they get access to that Personal Information.
18.3 The Registrar must, in respect of any Personal Information held in connection with this Deed (including the provision of Registration Services), immediately notify the ACA where the Registrar becomes aware of a breach of clause 18.1 or 18.2.
18.4 The Registrar must in respect of any Personal Information held in connection with this Deed cooperate with any reasonable requests or directions of the ACA arising directly from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 or otherwise, including but not limited to the issuing of any guidelines concerning the handling of Personal Information.
18.5 The Registrar acknowledges that:
(a) any unauthorised and intentional access, destruction, alteration, addition or impediment to access or usefulness of Personal Information stored in any computer in the course of performing this Deed is an offence under Part VIA of the Crimes Act 1914 for which there are a range of penalties, including a maximum of up to 10 years imprisonment; and
(b) the publication or communication of any fact or document by a person which has come into their knowledge or into their possession or custody by virtue of the performance of this Deed, other than to a person to whom the Registrar is authorised to publish or disclose the fact or document, may be an offence under section 70 of the Crimes Act 1914, the maximum penalty for which is 2 years imprisonment.
18.6 The Registrar indemnifies the ACA in respect of any liability, loss or expense which is incurred and which arises out of or in connection with a breach of the obligations of the Registrar or its employees or any subcontractor under clauses 18.1 to 18.5 except to the extent that the liability, loss or expense was caused by an act or omission of the ACA.
18.7 A complaint alleging an interference with the privacy of an individual in respect of any services performed under this Deed must be handled by the Registrar in accordance with the following procedures:
(a) where the Registrar receives a complaint alleging an interference with the privacy of an individual by the Registrar or its employees or any subcontractor, it shall immediately notify the ACA of the nature of the complaint;
(b) after the ACA has been given notice in accordance with paragraph (a), the Registrar must keep the ACA informed of all progress with the complaint; and
(c) at the ACA’s request, the Registrar must transfer the handling of the complaint to the ACA.
18.8 This clause 18 will continue to have effect after the termination of this Deed.
19. Intellectual Property
19.1 The Registrar acknowledges and agrees that the ACA has and shall retain all Intellectual Property in the Database and the Registrar assigns to the ACA all (including future) Intellectual Property in the Database so that it vests in ACA.
19.2 Subject to clause 18, the ACA grants the Registrar a non-exclusive, non-transferable, royalty-free, world-wide licence during the term of this Deed to use the Database for the sole purpose of providing Registration Services.
19.3 If this Deed is terminated, the Registrar agrees to return the Database and all derivatives and copies of it to the ACA.
19.4 The Registrar agrees to provide the ACA with a complete and current copy of the Database in Microsoft Access format on CDROM along with each quarterly report provided to the ACA under clause 9.1.
20. Archives Act
20.1 The Registrar agrees to comply with Part V and related provisions of the Archives Act 1983 as if it were a Commonwealth agency in respect of all records held by the Registrar in relation to the Registration Services.
20.2 The Registrar agrees to comply with any direction of the ACA for the purpose of transferring Commonwealth records to the Australian National Archives or providing the Australian National Archives with full and free access to those records.
20.3 This clause 20 will continue to have effect after the termination of this Deed.
21. Compliance with Laws
21.1 The Registrar must in carrying out its obligations in connection with this Deed comply with the provisions of any relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or local authority, including:
(a) the Crimes Act 1914;
(b) the Racial Discrimination Act 1975;
(c) the Sex Discrimination Act 1984;
(d) the Disability Discrimination Act 1992;
(e) the Electronic Transactions Act 1999; and
(f) any other applicable legislation dealing with electronic transactions.
22. Compliance with Standards and Validation of Registrations
22.1 In carrying out its obligations under this Deed the Registrar must comply with the Australian Standard on Records Management AS4390 (including requirements to keep registration records safe, secure and filed in a logical order) and any other applicable Australian Standards notified to the Registrar by the ACA.
22.2 The provision of the Registration Services must substantially comply with world’s best practice in the provision of comparable services.
22.3 The Registrar must validate the information on 1% of all registration forms submitted each financial year to the Registrar. If the information is incorrect or if the Registrar believes that there is a discrepancy in the information, the Registrar must immediately notify the ACA of this and the details of the cabling provider to which the registration form relates.
23. Warranties
23.1 The Registrar warrants that:
(a) use by the ACA (including its officers, employees, agents and subcontractors) of any material created and then provided by the Registrar to the ACA under this Deed will not infringe the Intellectual Property rights of any person; and
(b) the Registrar will perform its responsibilities under this Deed in a manner that does not infringe the Intellectual Property rights of the ACA or any third party.
23.2 The Registrar warrants and represents to the ACA that:
(a) the Registrar’s execution, delivery and performance of this Deed will not constitute:
(i) a violation of any judgment, order or decree;
(ii) a default under any contract by which it or any of its assets are bound; or
(iii) an event that would, with notice or lapse of time, or both, constitute such a default;
(b) the Registrar is duly constituted or registered as a corporation under the Corporations Law;
(c) the constituting documents of the Registrar empower the Registrar to enter into this Deed and to do all things which it can reasonably contemplate will be required by this Deed;
(d) all necessary corporate approvals have been obtained by the Registrar to render this Deed binding on, and legally enforceable against, the Registrar in accordance with its terms;
(e) it will immediately notify the ACA of the occurrence of, or the pending or threatened occurrence of, an event of which it is aware that may cause or constitute a breach of any of the representations, warranties or covenants contained or made in connection with this Deed, including without limitation, any event that may result in a material adverse change in the business of the Registrar or may affect the financial viability of the Registrar’s business;
(f) it has disclosed to the ACA prior to the execution of this Deed details of any litigation or proceeding whatsoever, actual or threatened, against the Registrar that may have an adverse effect on the ability of the Registrar to provide the Registration Services and these disclosures are true and correct as at execution; and
(g) any additional issues of the kind described in paragraph (f) that arise from time to time subsequent to the execution of this Deed will be disclosed by the Registrar to the ACA at all relevant times throughout the term of this Deed.
24. Indemnity
24.1 The Registrar indemnifies at all times and holds harmless the ACA (including its employees, agents or subcontractors) from and against any loss or liability that may be or is incurred by the ACA as a result of a claim made or threatened by a third party where that loss or liability was caused by:
(a) a breach of this Deed;
(b) a wilful, unlawful or negligent act or omission, in connection with this Deed by the Registrar, its employees, agents or subcontractors; or
(c) an item provided by the Registrar to cabling providers infringing the Intellectual Property rights of a third party.
24.2 Where the ACA wishes to rely on this indemnity it must give the Registrar written notice as soon as practicable after suffering the loss or liability.
24.3 The ACA indemnifies the Registrar from and against any loss or liability that may be or is incurred by the Registrar as a result of a direction given by the ACA to the Registrar under clause 8.3.
24.4 Each indemnity in this Deed is a continuing indemnity, separate and independent from the other obligations of the Parties, and survives termination and repudiation of this Deed.
25. Liability
25.1 While the primary relationship under this Deed is between the ACA and the Registrar, it is acknowledged that the Registrar is controlled by the Controlling Entities that are Parties to this Deed, and the Controlling Entities agrees that, despite any statement to the contrary in this Deed, they will each be jointly and severally liable with the Registrar for any breach of this Deed by the Registrar (including any breach of paragraphs 27.1(c) to (f) after the receipt or issue of a Termination Notice).
25.2 Without limiting clause 25.1, the Controlling Entities’ joint and several liability includes:
(a) all costs associated with transferring the Database to another accredited registrar if this is necessary as a result of a breach of this Deed by the Registrar; and
(b) losses, damages and expenses of the ACA resulting from a breach of this Deed by the Registrar.
25.3 This clause 25 survives the termination of this Deed.
26. Termination
26.1 Each of the following is a Default Event:
(a) the Registrar commits a breach of this Deed which is capable of being remedied but the breach continues for more than 14 days after the Registrar is given a notice by the ACA requiring the breach to be remedied;
(b) the Registrar commits a breach of this Deed which cannot be remedied, which breach is, in the reasonable opinion of the ACA, a serious breach of this Deed;
(c) a controller or a managing controller is appointed in respect of the whole or any part of the assets or undertakings of the Registrar;
(d) a summons or other process seeking orders which, if granted, would render the Registrar an externally-administered body corporate or insolvent under administration, is filed and is not withdrawn within 14 days;
(e) the Registrar ceases to be controlled by the Controlling Entities and that change of control, in the reasonable opinion of the ACA, adversely affects the provision of the Registration Services to cabling providers; or
(f) a conflict of interest arises in the performance of the Registrar’s obligations under this Deed which, in the reasonable opinion of the ACA, significantly affects the interests of the ACA.
26.2 Without limiting clauses 5.4, 5.5 and 5.6 and without prejudice to any other right or remedy that the ACA has, if any Default Event occurs the ACA may terminate this Deed by giving 30 days written notice to the Registrar.
26.3 After a period of 6 months from the Commencement Date, a Party may terminate this Deed at any time by giving 3 months written notice to each of the other Parties. However, the Controlling Entities may not terminate this Deed unless the Registrar also terminates this Deed at the same time.
27. Consequences of Termination
27.1 If the Registrar:
(a) receives a Termination Notice under clause 26.2 or 26.3; or
(b) issues a Termination Notice under clause 26.3;
then, from the date it receives or issues the Notice, the Registrar must:
(c) not accept any further applications for registration from cabling providers;
(d) continue to provide the other Registration Services in accordance with this Deed until transfer under paragraph (e);
(e) co-operate with the ACA and any relevant third parties to achieve a seamless transfer of cabling provider registrations, the Database and the Registration Services to another accredited registrar of Registration Services;
(f) apart from the version of the Database transferred under paragraph (e) and unless the ACA otherwise directs, return all copies of the Database (including derivatives of it) to the ACA; and
the Controlling Entities continue to remain jointly and severally liable under clause 25.
27.2 The ACA may give written directions to the Registrar that are within the scope of the Rules and reasonably relate to paragraphs 27(1) (c) to (f) on any matter arising out of the termination of this Deed and the Registrar must comply with those directions.
27.3 If this Deed is terminated, the accrued rights of the Parties remain unaffected except to the extent that the Parties expressly agree otherwise.
28. Dispute Resolution
28.1 Subject to clause 28.4, before resorting to external dispute resolution mechanisms, the Parties shall attempt to settle by negotiation any dispute in relation to this Deed including by referring the matter to personnel who may have authority to intervene and direct some form of resolution.
28.2 If a dispute is not settled by the Parties within 15 Business Days of a Party first sending to the other Party written notice that they are in dispute, the dispute may be the subject of court proceedings or may be submitted to some alternative dispute resolution mechanism as may be agreed in writing between the Parties.
28.3 Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations under this Deed.
28.4 A Party may commence court proceedings relating to any dispute arising from this Deed at any time where that Party seeks urgent interlocutory relief.
29. Variation of Deed
29.1 This Deed shall not be varied except by agreement in writing signed by the ACA and the Registrar.
30. Assignment
30.1 A Party may not assign in whole or in part this Deed without the prior written consent of the other Parties.
31. Waiver
31.1 The failure of a Party to enforce any of its rights under this Deed shall in no way be interpreted as a waiver of its rights under this Deed.
32. Entire Agreement
32.1 This Deed and the arrangements for the operation of the system under the Rules constitutes the entire agreement and arrangement between the Parties and supersedes all prior representations, statements, understandings, agreements and arrangements relating to the subject matter, whether verbal or in writing, of this Deed and the system under the Rules.
32.2 The ACA shall, on or before the Commencement Date, provide the Registrar with a copy of the system approved by the ACA under the Rules.
33. Subcontracting
33.1 The Registrar may not subcontract any part of the provision of the Registration Services apart from:
(a) providing communications and mailings to cabling providers of information relevant to their registration; and
(b) maintenance of the Database;
without the written approval of the ACA.
33.2 If the ACA consents to work being performed by a subcontractor the Registrar:
(a) is in no way relieved from performing its obligations under this Deed;
(b) must ensure that the subcontractor is aware of the provisions of this Deed relevant to the work to be performed by the subcontractor; and
(c) must include a right of termination of the kind in clause 26.
33.3 The ACA has the power to reasonably request withdrawal and replacement of any subcontractor.
34. Applicable Law
34.1 This Deed is governed by and is to be construed in accordance with the laws in force in the Australian Capital Territory.
35. Conflict of Interest
35.1 The Registrar warrants that, to the best of its knowledge and after making diligent inquiries, at the date of execution of this Deed no conflict of interest exists or is likely to arise in the performance of its obligations under this Deed.
35.2 The Registrar must promptly notify the ACA if a conflict of interest arises, or appears likely to arise, during the course of this Deed, and must take any action directed by the ACA to avoid or minimise such conflict.
36. Survival of Clauses
36.1 If this Deed is terminated for any reason those clauses that are necessary for the Parties to effectively exercise their rights, and discharge their obligations and responsibilities to each other so as to comply with clauses 17, 18, 20, 24, 25 and 27, will survive the termination of this Deed.
37. Insurance
37.1 The Registrar must, for so long as any obligations remain in connection with this Deed, effect and maintain the following insurance with an insurance company approved by the ACA:
(a) a broad form public liability policy to the value of at least $10 million in respect of each claim;
(b) professional indemnity insurance to the value of at least $5 million in respect of each claim; and
(c) worker’s compensation insurance in accordance with applicable legislation.
37.2 On request, the Registrar must produce to the ACA a certificate evidencing that the Registrar has effected and renewed a particular insurance policy, such as a certificate of currency.
38. Severability
38.1 Each provision of this Deed and each part of this Deed shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or part.
38.2 If any provision or part thereof is void or otherwise unenforceable for any reason then that provision shall be read and construed as if the severed provision or part had never existed.
39. Notices
39.1 Any notice, advice, undertaking or agreement given under this Deed must be in writing.
39.2 The address for service of notice of each Party is as follows (unless otherwise advised by the relevant Party):
39.3 A notice under this Deed is deemed to have been given:
(a) if it is delivered by hand or registered post – on the date upon which it is delivered and a receipt obtained;
(b) if it is delivered by ordinary post – 4 days after it is posted if not returned undelivered;
(c) if transmitted by facsimile transmission – when the sender receives confirmation of a successful transmission; and
(d) if transmitted by email – when the sender receives confirmation that the email has been opened.
If delivery of a notice occurs on a day on which business is not normally conducted in the place of receipt, or it is received later than 4.00 pm local time, it will be deemed to be given on the next Business Day.
EXECUTED AS A DEED
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr style="height:10pt"><td colspan="2" style="width:442.55pt; padding-right:4pt; padding-left:4pt; vertical-align:bottom"><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt"><span>Signed, sealed and delivered for and on behalf of</span></p><p style="margin-right:2.2pt"><span style="font-weight:bold">[NAME OF REGISTRAR]</span></p><p style="margin-right:2.2pt"><span>by authority of the Directors:</span></p><p style="margin-right:2.2pt"><span></span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p><span></span></p><p><span></span></p></div><p style="margin-right:2.2pt"><span>(Print name of Director)</span></p></td><td colspan="2" style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p><span></span></p><p><span></span></p></div><p style="margin-right:2.2pt"><span>(Print name of Director/Secretary)</span></p></td></tr><tr style="height:0pt"><td style="width:226.1pt"></td><td style="width:224.45pt"></td><td style="width:1.65pt"></td></tr></tbody></table>
(Signature of Director)
(Signature of Director/Secretary)
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr style="height:10pt"><td colspan="2" style="width:442.55pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">Signed, sealed and delivered for and on behalf of</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif; font-weight:bold">[NAME OF CONTROLLING ENTITY]</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">by authority of the Directors/Officers:</span></p><p style="margin-right:2.2pt"><span></span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p></div><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">(Print name of Director/Officer)</span></p></td><td colspan="2" style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p></div><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">(Print name of Director/Officer/Secretary)</span></p></td></tr><tr style="height:0pt"><td style="width:226.1pt"></td><td style="width:224.45pt"></td><td style="width:1.65pt"></td></tr></tbody></table>
(Signature of Director/Officer)
(Signature of Director/Officer/Secretary)
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr style="height:10pt"><td colspan="2" style="width:442.55pt; padding-right:4pt; padding-left:4pt; vertical-align:bottom"><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">Signed, sealed and delivered for and on behalf of</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif; font-weight:bold">[NAME OF OTHER CONTROLLING ENTITY]</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">by authority of the Directors:</span></p><p style="margin-right:2.2pt"><span></span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p></div><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">(Print name of Director)</span></p></td><td colspan="2" style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p><p style="font-size:12pt"><span style="font-family:'Times New (W1)', serif"></span></p></div><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">(Print name of Director/Secretary)</span></p></td></tr><tr style="height:0pt"><td style="width:226.1pt"></td><td style="width:224.45pt"></td><td style="width:1.65pt"></td></tr></tbody></table>
(Signature of Director)
(Signature of Director/Secretary)
<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td colspan="2" style="width:442.55pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-right:2.2pt"><span></span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">Signed, sealed and delivered for and on behalf of the</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif; font-weight:bold">AUSTRALIAN COMMUNICATIONS AUTHORITY</span></p><p style="margin-right:2.2pt; font-size:12pt"><span style="font-family:'Times New (W1)', serif">by:</span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p><span></span></p><p><span></span></p></div><p style="margin-right:2.2pt"><span style="font-style:italic">(Print name of Attorney)</span></p></td><td colspan="2" style="width:218.1pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><div style="margin-right:32.35pt; border:0.75pt solid #000000; clear:both"><p><span></span></p><p><span></span></p></div><p style="margin-right:2.2pt"><span style="font-style:italic">(Signature of Attorney)</span></p></td></tr><tr style="height:0pt"><td style="width:226.1pt"></td><td style="width:224.45pt"></td><td style="width:1.65pt"></td></tr></tbody></table>
who is duly authorised by Power of Attorney
[Insert number or date or other means of identification]
and who states that he/she has no notice of its revocation
I have read the explanatory guide to the Cabling Provider Rules (CPRs) and understand my rights and responsibilities under the CPRs. I am also aware of the penalties for providing false or misleading information under this declaration. I declare that the information provided by me in this application is true and correct in every detail and I understand that the information provided may be subject to audit.
I have read the explanatory guide to the Cabling Provider Rules (CPRs) and understand my rights and responsibilities under the CPRs. I am also aware of the penalties for providing false or misleading information under this declaration.
I understand that this registration allows me to work solely on Security, Fire or Computer cabling connected or intended to be connected to a telecommunications network and that any work I undertake must be behind a compliant device (eg alarm panel, modem).
I understand that this type of registration will not be available and cease to apply after 2 October 2003. By this date, I must hold evidence of competency for Open, Restricted or Lift cabling work in order to register and continue cabling.
I declare that the information provided by me in this application is true and correct in every detail and I understand that the information provided may be subject to audit.