13Registrar to audit registration documents

13 Registrar to audit registration documents  (1) A registrar must take reasonable steps to validate the information on all registration forms submitted to the registrar.  (2) If any information is incorrect, or if the registrar believes that there is an error or discrepancy in the information, the registrar must not grant a registration unless it has taken reasonable steps to correct the error or resolve the discrepancy in consultation with the applicant. # Schedule 2 Competency Requirements (Paragraph 3.1(2)(a); Schedule 1, clause 1) Part 1 Introduction   This Schedule details the competency requirements that cabling providers need to satisfy in order to be registered to perform open, restricted and lift cabling work. A cabling provider may only perform or supervise the performance of a particular type of cabling work if they have obtained the necessary competencies for that type of cabling work.   These requirements are the basis on which the National Skills Standards Council (NSSC) via their Industry Training Advisory Bodies, originally developed competency standards and related training for cabling, within the Australian Qualifications Framework and Australian Recognition Framework. The industry document, Pathways to ACMA Cabling Provider Rules Cabler Registration (the Pathways) outlines the training modules which are based on the competency requirements in this instrument. The Pathways, as in force or existing from time to time, is published on the ACMA website [www.acma.gov.au](file:///\\acact01srvp1\userdata$\SKugathasan\cabling%20amendments%202011\Final\www.acma.gov.au).   The responsibility for any future development of the Pathways is the responsibility of the NSSC via their Industry Skills Council (ISC). 1.1 Competency requirements The competency requirements are based on the requirements in the Wiring Rules within the context of the: (i)       installation and modification of cable support, earthing and termination infrastructures; (ii)     installation, maintenance and modification of communications cables and earth wires; (iii)  termination and testing of communications cables and earth wires; (iv)   creation of specific records in relation to the completion of the work referred to in paragraphs (i), (ii) and (iii). 1.2 Cabling Provider Registration The ISC develops competency standards based on the requirements in this instrument. These standards then provide the basis for mandatory cabling provider registration under these Rules. Other national ISCs 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 qualifications are determined, a “List of Equivalence Requirements” shall be certified by the relevant ISCs after mapping, then provided to the ACMA for distribution to all accredited cabling provider registrars under these Rules. Registrars will then use the list to determine whether the cabling provider meets the necessary competency requirements for registration.   Part 2 Open Cabling Requirements 2.1 Description Open cabling work is defined in section 2.2 of these Rules.   Typically, open cabling work that terminates at the main distribution frame (MDF) is associated with commercial and industrial installations involving many lines, multi-pair cables, backbone cabling, multi-storey buildings and complicated termination modules.   Generally, open cabling work that terminates at an MDF is used to connect devices for telecommunications (phones and facsimile), data including video and multimedia, security and alarms, and fire protection. Note   The application and critical performance requirements for open cabling work include those specified for restricted cabling work in Part 3. 2.2 Key subject matter and practical experience areas for open cabling work Specified below are the subject matter and practical experience areas which a cabling provider must demonstrate basic knowledge of, or minimum competence in, to obtain a registration to perform open cabling work.   A cabling provider who wishes to perform open cabling work of a particular type must obtain the relevant competencies for that type of open cabling work. For example, a cabling provider who wishes to perform structured or optical fibre open cabling work must obtain the competencies relevant to structured or optical fibre open cabling work by completing the relevant training units. (See the Pathways document for more details.)   Cabling environment: -   Indoor environments include locations such as ceilings, false ceilings, riser shafts, internal wall space, under floor, damp situations and workstations; -   Outdoor environments including cable installations on external walls, and underground and aerial cabling on private and public property; -   Underground cabling includes shared trenches with electrical LV/HV cables and other utilities; and -   Aerial cabling installations may include the sharing of poles and structures with LV/HV electrical power cables and terminations.   Cable support systems: -   Suspension catenary wire, ducts, cable trays, line poles, pipes, pits; and -   Cable support systems to 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: -   Aerial -   Coaxial -   Copper twisted pair -   Data cables: eg. Category 5, 6, 6A, 7 -    External -   Indoor -   Optic fibre -   Underground -   Copper twisted pair from two pair upwards but must include two, three and four pair and at least one larger cable (50 pair or greater).   Cable identification: -   Cable conductor identification codes may be colour coded, banded, numbered or lettered.   Termination systems: -   Network termination device (NTD); -   Socket types: Australian modular socket, Mode 3 alarm socket or United States modular; -   At least one jumperable distributor (campus distributor or building distributor) with a capacity of 50 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 to be kept: -   NTD record cards; -   Telecommunication Cabling Advice form - (mandatory) (TCA1 form) and Telecommunication Cabling Advice form - (voluntary) (TCA2 form); -   Building, cabling and equipment location plans; -   MDF and other distributor record cards; -   Labelling of patch panels, distributor verticals, distributor pairs, equipment closets and rooms; and -   Labelling of telecommunication outlets. Note   Records may be in hard copy or software versions but must conform to the Wiring Rules.   Relevant legislation, codes, regulations and standards: -   The Act; -   These Rules; -   ACMA technical standards including Telecommunications Technical Standard (Requirements for Customer Cabling Products – AS/CA S008:2010) 2011 (AS/CA S008) or its replacement; -   The Wiring Rules; -   Certified Components List; -   Labelling requirements for cabling products; -   Communications Cabling Manual (Open); and -   OH&S and environmental policy and procedures. Note   References to a standard are to the standard as amended or replaced from time to time. 2.3 Assessment The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such as a registered training organisation (RTO) training facility would be acceptable.   Assessment must be undertaken by approved assessors within the national Australian Quality Training Framework (AQTF) training system, RTOs or assessment as specified in training packages or as determined by the ACMA.   Assessment of competency training program outcomes includes a regulatory examination and completion of actual cabling work experience which is in addition to the requirements of the AQTF system.   Assessment Requirements: The following assessment outcomes must be demonstrated: -      terminating systems at both distributor and outlet locations; -      install and terminate one jumperable distributor (distributor) with a capacity of 50 pairs or greater; -      terminate at least one 50 pair cable and one 4 pair 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; -      demonstrate work practices which avoid cable damage (such as crushing, burning, kinking, sheath twist, cutting, nicking and bending radius); -      read and interpret drawings related to cable layouts, outlet location, cable coding system and identifiers and distributor locations; -      conduct and interpret cable test results; and -      correctly interpret and apply relevant legislation, codes, regulations and standards, and OH&S and environmental policy and procedures.   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; -   These Rules; -   Cabling provider registration, other rules and regulations; -   Basic switching systems; -   Telecommunication hazard awareness; and -   Basic telephony.   Skills and Knowledge Breakdown: (A)      Cable installation including: -   Metallic cable; -   Specialised cable; -   Internal and external installations; -   Cable dispensers, hauling mechanisms; -   Cable damage awareness; -   Domestic, commercial installations; -   ACMA requirements – the Wiring Rules; -   Cable termination preparations; - Termination types, distributors, network termination devices and telecommunication outlets; -   Distributors; -   Jumpering; -   Common installation tests; and -   Functional and protective earthing. (B)        Cable termination products including: -   Product termination systems; -   Product termination techniques; and -   Product termination tools. (C)        Cable conductor identification codes including: -   Types of codes; and -   Interpretation of codes. (D)        Cable support systems including: -   Plans and cable locations; -   Wall construction; -   Fixing devices; -   Conduit and ducting; -   Distribution boxes and mounts; -   Installation techniques; and -   ACMA specifications and standards –Wiring Rules. (E)         Cable types including: -   Telecommunications and data cable types; -   Purpose, construction, characteristics; -   Cable identification; and -   ACMA technical standards (including AS/CA S008 or its replacement). (F)       Earthing systems including: - Multiple earth neutral, co-axial, equi-potential, functional, telecommunications reference conductor and communications earthing systems; -   Cable screening; -   Colour coding; -   Radiofrequency interference and electromagnetic interference; -   Electrical interference; - Lightning protection, including earths, gas arrestors and overvoltage protection. (G)      Earth testing including: -   Earth testing instruments; and -   Earth testing procedures (insulation and conductor resistance). (H)        Reading plans and specifications including: -   Cabling plans, records, symbols and abbreviations; -   Commercial premises plans; and -   Backbone cabling diagrams. (I)           Cable record systems including: -   Types of records; -   Cable distribution records; -   Jumpering records; -   Standard record systems; -   Responsibilities for records; -   TCA1 (mandatory) and TCA2 (voluntary) forms; and -   ACMA requirements. (J)           These Rules and cabling provider registration including: -   The ACMA’s regulatory and compliance requirements; -   Cabling Provider registration, types and limitations; and -   Supervision requirements. (K)        Other rules and regulations including: - The Act; - AS/CA S008 or its replacement; - the Wiring Rules; - Communications Cabling Manual; and - Mandatory and voluntary technical standards. Note   The references to standards are to the standards as amended or replaced from time to time (L)         Switching systems awareness including: -   Developments or history of switching systems; -   Customer switching systems and related interfaces; - Customer switching services, System Distribution Frames / Test Point Frames, power fail and line interface requirements (eg In dial, Rotary groups, Extension and Tie-line circuits); -   Simple block diagrams; and -   Printed circuit board hazards and handling techniques. (M)       Telecommunication hazard awareness including: -   Optical fibre cable; -   Underground cable; and -   Aerial cable. (N)        Basic Telephony including: - Telephone operation. Part 3 Restricted Cabling Requirements 3.1 Description Restricted cabling work is defined in section 2.3 of the Rules and, in summary, is cabling work that is performed only in relation to a customer’s premises, and in which the customer cabling terminates or connects at the network boundary on a socket or network termination device. Restricted cabling work includes aerial, underground, and broadband (data and coaxial) cabling work on private property.   Typically, the restricted type of customer cabling is confined to domestic premises but it may be applicable to certain small business and commercial environments.   3.2 Key subject matter and practical experience areas for restricted cabling work Specified below are the subject matter and practical experience areas which a cabling provider must demonstrate basic knowledge of, or minimum competence in, to obtain a registration to perform restricted cabling work.   A cabling provider who wishes to perform restricted cabling work of a particular type must obtain the relevant competencies for that type of restricted cabling work. For example, a cabling provider who wishes to perform broadband restricted cabling work must obtain the competencies relevant to broadband restricted cabling work by completing the relevant training units.   Cabling environment: - Indoor environments including concealed locations such as ceilings, false ceilings, internal wall space, under floor and damp situations; - Outdoor environments including cable installations on external walls, underground and aerial cabling on private and public property; - Aerial telecommunications cabling work but does not include installations on poles shared with low voltage (LV) or high voltage (HV) electrical power cables; and - Underground cabling in an exclusive trench or shared trench with electrical LV cables and/or other utilities.   Cable type: -   Aerial -   Coaxial -   Copper twisted pair -   Data cables: eg. Category 5, 6, 6A or 7 -   External -   Indoor -   Underground.   Cable identification: -   Cable conductor identification codes may be colour coded, banded, numbered or lettered.   Termination systems: -   NTD. -   Socket types: Australian modular socket, Mode 3 alarm socket or United States modular. Note   Jumperable distributors are not included in this requirement.   Earthing and protection: Installation of protective earth for over voltage and surge/spike suppression must be treated in accordance with the Wiring Rules.   Records to be kept: - NTD record cards. - TCA1 (mandatory) and TCA2 (voluntary) forms.  Note   Records may be in hard copy or software versions but must conform to the Wiring Rules.   Relevant legislation, codes, regulations and standards: - The Act; - These Rules; - AS/CA S008 or its replacement; - The Wiring Rules; - Communications Cabling Manual (Restricted); - Certified Components List; - Labelling requirements for cabling products; and - OH&S and environmental policy and procedures. Note   References to a standard are to the standard as amended or replaced from time to time.   3.3 Assessment The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such as a RTO training facility would be acceptable.   Assessment must be undertaken by approved assessors within the national AQTF training system, RTOs or assessment as specified in training packages or as determined by the ACMA.   Assessment of competency training program outcomes includes a regulatory examination and completion of actual cabling work experience which is in addition to the requirements of the AQTF system. The ACMA may also specify other requirements in the future.   A cabling provider who wishes to perform restricted cabling work of a particular type must satisfy the assessment requirements for that type of restricted cabling work. For example, a cabling provider who wishes to perform broadband restricted cabling work must demonstrate the assessment outcomes relevant to broadband restricted cabling work. Assessment Requirements: The following assessment outcomes must be demonstrated: -      complete a cabling installation and termination, including three types of telephone sockets, one network termination device; and including accurate completion of a TCA1 form (mandatory) or TCA2 (voluntary); -      accurately apply cable conductor identification codes; -      conduct and apply cable test results; and -      correctly interpret and apply relevant regulations and standards, and OH&S and environmental policy and procedures. Skills and Knowledge Summary: -   Cable installation; -   Cable types; -   Cable termination products; -   These Rules; -   Cabling provider registration, other rules and regulations; and -   Basic telephony. Skills and Knowledge Breakdown: (A)   Cable installation including: -              Internal/external installations; -              Cable damage awareness; -              Domestic installations; -              Cable termination; -              Termination types, network termination devices and outlets; -              Common installation tests; -              Protective earthing; and -              Earth testing. (B)    These Rules and cabling provider registration including: - The ACMA’s regulatory and compliance requirements; - Cabling provider registration, types and limitations; and - Supervision requirements. (C)    Other rules and regulations including: - The Act; - AS/CA S008 or its replacement; - The Wiring Rules; - Communications Cabling Manual; and - Mandatory and voluntary technical standards. (D)   Basic telephony including: -   Telephone operation. Part 4 Lift Cabling Requirements 4.1 Description Lift cabling work is defined in section 2.4 of the Rules and, in summary, is cabling work that is performed in relation to a lift. The customer cabling that is used connects to a cross connection point adjacent to the lift motor room and the lift control cubicle within the lift motor room. Lift cabling work may also include the installation of the travelling cable between the lift motor and the lift car.    Generally, this type of customer cabling is used to connect devices for telecommunications (phones), data for video, audio and alarms.   The range of application and critical cabling provider competency requirements for lift cabling work includes that specified for restricted cabling work; however the relevant information for restricted cabling work has not been duplicated below. Please refer to Part 2 for the relevant information.   Cabling work before the connection point adjacent to the lift motor room will require an open cabling provider registration. 4.2 Key subject matter and practical experience areas for lift cabling work Specified below are the subject matter and practical experience areas which a cabling provider must demonstrate basic knowledge of, or minimum competence in, to obtain a registration to perform lift cabling work.  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 the Wiring Rules. Cable types: -   Copper twisted pair; -   Coaxial; -   Travelling cable flat and circular types complying with Australian Standards (eg. AS 1979:1993 Electric cables – Lifts – Flexible Travelling); and -   Data cabling within the condition of a lift registration. Cable identification: -   Cable conductor identification codes may be colour coded, banded, numbered or lettered. Termination systems: -   Travelling cable terminations; and -   Distributors, sockets, connectors and modules. Earthing and protection systems: -   Earthing of screed, barriers and cable trays for the reduction or elimination of interface from electromagnetic, radio frequency and power sources; -   Equi-potential bonding conductors to multiple earth neutral (MEN) and use of earth stakes; -   Protective earths as defined in the Wiring Rules. Records to be kept: -   TCA1 (mandatory) and TCA2 ( voluntary); -   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 the Wiring Rules. Relevant legislation, codes, regulations and standards: -   The Act; -   These Rules; -   Accredited registrars and registration scheme; -   ACMA Technical standards including AS/CA S008 or its replacement; -   The Wiring Rules; -   Lift Code EN81 Safety rules for the construction and installation of lifts – Part 1: Electric lifts; -   Communications Cabling Manual (Open); -   Labelling requirements for cabling products; -   AS1979:1993 Electric cables – Lifts – Flexible Travelling; and -   OH&S and environmental policy and procedures. Note   References to a standard are to the standard as amended or replaced from time to time. 4.3 Assessment The cabling provider should preferably be assessed within the workplace environment, but suitably simulated workplace environments such a RTO training facility would be acceptable.   Assessment must be undertaken by approved assessors within the national AQTF training system; by RTOs; or by assessment as specified in training packages or as determined by the ACMA.   Assessment of competency training program outcomes includes a regulatory examination which is in addition to the requirements of the AQTF system. The ACMA may also specify other requirements in the future. Assessment Requirements: The following assessment outcomes 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 accurate completion of TCA1 form; -   reading and interpreting cable drawings and plans for locations and terminations; -    accurately applying cable conductor identification codes; -   conducting and interpreting cable test results; and -    correctly interpreting and applying relevant legislation, codes, regulations and standards, and OH&S and environmental policy and procedures. Skills and Knowledge Summary: -   Cable installation; -   Cable types; -   Cable conductor identification codes; -   Reading plans and specifications; -   Cable record systems; -   These Rules, cabling provider registration, other rules and regulations; and -   Basic telephony. Skills and Knowledge Breakdown: (A)   Cable installation including: - Lift cable supports and securing; - Cable dispensers, hauling mechanisms; - Cable damage awareness; - Cabling installations within the lift boundary; - Cable termination preparations; - Termination types, frames, outlets; - Distributors; - Jumpering; - Common installation tests; - Functional and protective earthing; and - Safe work practices. (B)    Cable types including: -   Telecommunications and data cable types; -   Travelling cables; -   Purpose, construction and characteristics; -   Cable identification; and -   ACMA technical standards including AS/CA S008 or its replacement. (C)    Cable conductor identification codes including: - Types of codes; and - Interpretation of codes. (D)   Reading plans and specifications including: - Cabling plans, records, symbols and abbreviations; - Lift installation plans and specifications; and - Terminology. (E)    Cable record systems including: -   Types of records; -   Cable distribution records; -   Jumpering records; -   Standard record systems; -   Responsibilities for records; and -   TCA 1 (mandatory) and TCA2 (voluntary). (F)      These Rules and cabling provider registration including: -   The ACMA’s regulatory and compliance requirements; -   Cabling Providers registration, categories and limitations; and -   Supervision requirements. (G)   Other rules and regulations including: - The Act; - AS/CA S008 or its replacement; - The Wiring Rules - Communications Cabling Manual; - AS1979:1993 Electric cables – Lifts – Flexible Travelling; and - Lift cabling boundary for lift installations. Note   References to a standard are to the standard as amended or replaced from time to time (H)   Basic Telephony including: -   Telephone operation. # Schedule 3 Deed in relation to Cabling Provider Registrar Obligations   (Schedule 1, subclause 6(3)) | <br>Deed<br> <br>between<br>[Insert COMPANY NAME OF REGISTRAR]<br>ACN [ ]/ABN [ ]<br> <br>[Insert NAME OF CONTROLLING ENTITIES]<br> <br>and<br> <br>COMMONWEALTH OF AUSTRALIA<br>Represented by the Chair of the Australian Communications and Media Authority<br>ABN 55 386 169 386<br> <br>in relation to<br> <br>Cabling Provider Registrar Obligations<br> | | --- | TABLE OF CLAUSES   1.           DEFINITIONS 2.           INTERPRETATION 3.           SCOPE OF DEED 4.           TERM 5.           ACCREDITATION PROCEDURES AND CRITERIA 6.           CONSEQUENCES OF ACCREDITATION 7.           FEES 8.           PERSONS WHO MUST NOT BE REGISTERED 9.           REPORTING TO THE ACMA 10.       NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY 11.       AUDIT 12.       REGISTRAR NOT SOLE REGISTRAR 13.       REGISTRAR COORDINATING COMMITTEE 14.       COMPLAINTS HANDLING 15.       ON‑LINE ACCESS 16.       CONFIDENTIAL INFORMATION 17.       PERSONAL INFORMATION 18.       INTELLECTUAL PROPERTY 19.       ARCHIVES ACT 20.       COMPLIANCE WITH LAWS 21.       COMPLIANCE WITH STANDARDS AND VALIDATION OF REGISTRATIONS 22.       WARRANTIES 23.       INDEMNITY 24.       MORAL RIGHTS 25.       TERMINATION 26.       CONSEQUNCES OF TERMINATION 27.       DISPUTE RESOLUTION 28.       VARIATION OF DEED 29.       ASSIGNMENT 30.       WAIVER 31.       ENTIRE AGREEMENT 32.       SUBCONTRACTING 33.       APPLICABLE LAW AND JURISDICTION 34.       CONFLICT OF INTEREST 35.       SURVIVAL OF CLAUSES 36.       INSURANCE 37.       SEVERABILITY 38.       LIABILITY 39.       NOTICES Date   This Deed is made on ________________________________ Parties   1. The COMMONWEALTH OF AUSTRALIA represented by the Chair of the Australian Communications and Media Authority, an entity established under the Australian Communications and Media Authority Act 2005 ABN 55 386 169 386 (‘the Commonwealth’).  AND 2.           [insert name of entity (ACN: [insert])] a duly incorporated company having its registered office at [insert address] (‘the Registrar’)  AND [insert full name of all controlling entities of the Registrar and insert ACN/ABN for each entity] and [insert details of incorporation and registered address] (‘the controlling entities’). Recitals 1. The Commonwealth, for the benefit of the ACMA, requires the provision of certain Registration Services by accredited registrars for the purposes of operating a registration system for the registration of cabling providers. 2. The ACMA has made the arrangements in Schedule 1 to the Rules for the operation of a system for the registration of cabling providers. The ACMA is not required to act as the registrar or to operate the registration system. The ACMA may engage one or more persons to operate the system or to act as registrars. 3. The registration system includes, 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. 4. The Registrar applied to the ACMA for accreditation as a registrar under the Accreditation Procedures for Cabling Provider Registrars in Schedule 5 of the Rules, to enable it to provide Registration Services to cabling providers. 5. The Commonwealth has agreed for the benefit of the ACMA, to appoint the Registrar as an accredited registrar to provide the Registration Services to cabling providers within the framework of this Deed. Operative Provisions 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: Accreditation Criteria means the criteria for accreditation described in clause 5.1; ACMA means the Australian Communications and Media Authority established under the Australian Communications and Media Authority Act 2005; Annual Business Report means the report which the Registrar must provide to the ACMA under clause 9.3; Annual Performance Report means the compilation of Performance Reports which the Registrar must provide to the ACMA under clause 9.2; Authorised Auditor means any person or organisation (including an employee of that organisation) authorised in writing by the ACMA to audit the matters in subclauses 11.1(c), (d) and (e) in relation to a Registrar; 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 date on which all Parties have executed this Deed; Conflict of interest means any matter, circumstance, interest or activity affecting the Registrar (including its personnel) which may or may appear to impair the ability of the Registrar to provide the Services to the Commonwealth, for the benefit of the ACMA, diligently and independently; Controlling Entities means [insert name of each controlling entity and insert ACN/ABN] and [insert details of incorporation and registered offices; 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 25.1;   Intellectual Property includes all copyright (including Moral Rights) 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; Moral Rights has the same meaning as in Part IX of the Copyright Act 1968. Parties mean the Commonwealth, represented by the Chair of the ACMA, the Registrar and any Controlling Entities of the Registrar; Performance Report means the report which the Registrar must provide to the ACMA under clause 9.1; Registrar means [insert name of entity] a duly incorporated company having its registered office at [insert address]; Registrar Coordinating Committee means the committee established by the ACMA and known by that name, or its replacement, being a committee consisting of the following representatives:  (a) a representative of the ACMA, 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 ACMA notifies to the Registrar as a Registration Service; Rules mean the Telecommunications Cabling Provider Rules 2014; 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;  (c) responding to telephone enquiries from cabling providers and the public within 2 Business Days; and  (d) resolving complaints within 40 Business Days after they are made;   Termination Notice means a notice under clause 25.2 or 25.3 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 clauses 5 or 25. 5. Accreditation Procedures and Criteria  5.1 The Registrar acknowledges that it has been invited to enter into this Deed in accordance with the accreditation procedures in Schedule 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 ACMA 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 ACMA with any information it reasonably requires concerning the Registrar’s performance of its obligations under this Deed.  5.4 The ACMA may revoke the Registrar’s accreditation if:  (a) the Registrar commits a material breach of the requirements of this clause 5;  (b) the ACMA has given the Registrar written notice specifying that breach; and  (c) the Registrar fails to remedy that breach to the ACMA’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 ACMA revokes the Registrar’s accreditation, then this Deed is terminated from the date of revocation.  5.6 In addition to clause 5.5, if this Deed is terminated under clause 25 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 ACMA about the change and the ACMA 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 ACMA decides it is not appropriate for the Registrar to remain accredited:  (a) the ACMA must request the Registrar to provide the ACMA with adequate reasons as to why its accreditation should not be revoked; and  (b) if in the ACMA’s reasonable opinion the Registrar’s response is unsatisfactory the ACMA must notify the Registrar in writing that its accreditation is revoked to take effect from the date nominated in the notice. 6. Consequences of Accreditation  6.1 Obtaining accreditation by the ACMA entitles the Registrar to:  (a) represent to third parties that it has been accredited by the ACMA to provide Registration Services;  (b) use the words “accredited by the Australian Communications and Media Authority” after the name of the Registrar on cabling provider registration cards; and  (c) provide Registration Services to cabling providers.  6.2 The Registrar must not otherwise use the ACMA’s name.   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  8.1 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.  8.2 The Registrar must not register a person as a cabling provider who has not correctly completed a registration form approved by the Registrar.  8.3 If the ACMA 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 ACMA  9.1 The Registrar must, within 15 Business Days of the end of each calendar quarter, provide an accurate Performance Report to the ACMA 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 ACMA’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 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 a copy of the Annual Performance Report to the ACMA; and  (b) provide a copy of the Annual Business Report to the ACMA.  9.5 The ACMA 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 Commonwealth or the ACMA, nor does the Registrar have any power or authority to bind or represent the Commonwealth or the ACMA.  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 Commonwealth or the ACMA, or as otherwise able to bind or represent the Commonwealth or the ACMA. 11. Audit  11.1 The ACMA 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 an Authorised Auditor, of the Registrar’s:  (c) compliance with this Deed;  (d) methodology 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 Service.  11.2 The Registrar must:  (a) allow the Authorised Auditor 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 Auditor 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 ACMA, the Registrar must respond to and address any issues reasonably identified by the ACMA that require a response from the Registrar.  11.4 If, as a result of a report under this clause 11, the ACMA takes the view that compliance with this Deed requires the Registrar to take certain actions, the ACMA 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 ACMA will advise each representative on the Registrar Coordinating Committee when a new application is received by the ACMA from a person who wishes to be appointed as an accredited Registrar in accordance with the provisions of this Deed. 13. Registrar Coordinating Committee  13.1 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.  13.2 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.  13.3 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 14. 14. Complaints Handling  14.1 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 ACMA for resolution.  14.2 The processes under clause 14.1 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.  14.3 A review of any complaint made under clause 14.1 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.  14.4 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 17.5.  14.5 The costs of all actions required under this clause 14 to be taken by the Registrar to resolve the complaint are to be borne by the Registrar. 15. On‑line Access  15.1 The Registrar must provide the ACMA with secure on‑line access to the entire Database, including access to tools for searching, filtering and sorting records.  15.2 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).  15.3 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. 16. Confidential Information  16.1 The Registrar must not, without the prior written approval of the ACMA, disclose to any person other than the ACMA, any information marked confidential or expressed as being given in confidence to the Registrar by the ACMA. In giving written approval the ACMA may impose such terms and conditions as it thinks fit. 17. Protection of Personal Information 17.1 Application of the clause This clause applies only where the Registrar deals with personal information when, and for the purpose of, providing services under this Deed. 17.2 Obligations The Registrar acknowledges that it is a ‘contracted service provider’ within the meaning of section 6 of the Privacy Act, and agrees in respect of the provision of services under this Deed: (a)     to use or disclose personal information obtained during the course of providing services under this Deed only for the purposes of this Deed; (b)    not to do any act, or engage in any practice, that would breach an Australian Privacy Principle if done or engaged in by an agency; (c)     to meet the obligations contained in the Australian Privacy Principles as if it were an agency; (d)    not to do any act, or engage in any practice, involving the use or disclosure of personal information for direct marketing if the act or practice would breach a direct marketing provision of the Privacy Act, an Australian Privacy Principle or a registered APP code binding the Registrar; (e)     to disclose in writing to any person who asks the content of the provisions of this Deed (if any) that are inconsistent with an Australian Privacy Principle or a registered APP code binding a party to this Deed; (f)      to immediately notify the ACMA if the Registrar becomes aware of a breach or possible breach of any of the obligations contained in, or referred to in, this clause 17, whether by the Registrar or any subcontractor; (g)    to comply with any directions, guidelines, determinations or recommendations of the Privacy Commissioner to the extent that they are not inconsistent with the requirements of this clause 17; and (h)    to comply with any reasonable requests or directions of the ACMA arising directly from or in connection with the exercise of the functions of the Privacy Commissioner including but not limited to the issuing of any guidelines concerning the handling of personal information; (i)      to ensure that any employee of the Registrar who is required to deal with personal information for the purposes of this Deed is made aware of the obligations of the Registrar set out in this clause 17. 17.3 The Registrar acknowledges that: (a)     any unauthorised access or modification or impairment to access, or use, of personal information stored in any computer, in the course of performing this Deed, may constitute an offence under Part 10.7 of the Criminal Code Act 1995; 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.               17.4 The Registrar indemnifies the Commonwealth on behalf of the ACMA in respect of any direct or indirect 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 this clause 17 except to the extent that the liability, loss or expense was caused by an act or omission of the Commonwealth or the ACMA.  17.5 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 ACMA of the nature of the complaint;  (b) after the ACMA has been given notice in accordance with paragraph (a), the Registrar must keep the ACMA informed of all progress with the complaint; and  (c) at the ACMA’s request, the Registrar must transfer the handling of the complaint to the ACMA. 17.6 Subcontracts The Registrar must ensure that any subcontract entered into for the purpose of meeting its obligations under this Deed contains provisions to ensure that the subcontractor has the same awareness and obligations as the Registrar has under this clause 17, including the requirement in relation to subcontracts. Definitions In this clause 17: (a)     ‘direct marketing provision of the Privacy Act’ means Australian Privacy Principle 7; (b)    ‘Privacy Act’ means the Privacy Act 1988 (Cth); and (c)      the terms ‘agency’, ‘Australian Privacy Principle’, ‘personal information’ and ‘registered APP code’ have the same meaning as in section 6 of the Privacy Act. 18. Intellectual Property  18.1 The Registrar acknowledges and agrees that title and ownership of all Intellectual Property in the Database vests or will vest in the Commonwealth upon its creation by the Registrar, and the Registrar assigns to the Commonwealth all (including any future) Intellectual Property in the Database.   18.2 Subject to clause 15, the Commonwealth 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 the Registration Services in accordance with this Deed.  18.3 If this Deed is terminated, the Registrar agrees to return the Database and all derivatives and copies of it to the Commonwealth.  18.4 The Registrar agrees to provide the ACMA with a complete and current copy of the Database in Microsoft Access format along with each quarterly report provided to the ACMA under clause 9.1.  18.5 The Registrar must do all things necessary (including, where requested in writing by the Commonwealth, the entering into a Deed of Assignment of Intellectual Property with the Commonwealth) to confirm that title to and ownership of those Intellectual Property rights passes to the Commonwealth on the date the Intellectual Property rights were created.  18.6 The Registrar must not at any time do anything or cause anything to be done that would prejudice the right, title and interest of the Commonwealth in any of the Intellectual Property rights of the Commonwealth that are used by the ACMA.