Each of the following is a kind of cabling registration:
lift cabling registration;
open cabling registration; and
restricted cabling registration.
Division 2 Requirements for registration
12 Requirements for registration
A person may only be issued a kind of cabling registration if the person:
is an individual; and
at the time of applying for registration or renewal of registration:
is not a suspended cabling provider; and
has met the competency requirements applicable to the kind of cabling registration applied for, which are:
for a lift cabling registration – specified in clause 2 of Schedule 1;
for an open cabling registration - specified in clause 3 of Schedule 1; and
for a restricted cabling registration – specified in clause 4 of Schedule 1.
For subparagraph (1)(b)(ii), a person:
may use an expired cabling registration as evidence of having met the competency requirements, if the person applies for registration or renewal of registration within 10 years of the date on which the expired cabling registration expired; and
cannot use a registration that has been revoked under these rules or rules previously in place under subsection 421(1) of the Act, as evidence of having met the competency requirements.
Division 3 Application for registration
13 Application for registration
A person (the applicant) may apply to a registrar for a kind of cabling registration.
A person may apply for a kind of cabling registration for a period of one year or for a period of three years (period of registration).
An application must contain:
the information specified in subsection (4); and
the documents specified in subsection (5).
For the purposes of paragraph (3)(a), the information required is:
the applicant’s name and contact details, including an email address and phone number;
the kind of cabling registration, and period of registration, the applicant is applying for;
details of the applicant’s completion of the competency requirements for the kind of cabling registration that the applicant is applying for; and
a statement specifying whether the applicant has previously been registered under these rules, or rules previously in place under subsection 421(1) of the Act, and, if they have been so registered, also specifies:
the kind of registration; and
whether the registration is still in place, has expired, is suspended or was revoked.
For the purposes of paragraph (3)(b), the documents required are:
certified copies of qualifications obtained by the applicant that meet the competency requirements for the kind of cabling registration that the applicant is applying for;
a document evidencing that the applicant has completed the work experience that meets the competency requirements for the kind of cabling registration that the applicant is applying for;
a copy of the results of the cabling regulations test relevant to the kind of cabling registration that the applicant is applying for; and
a declaration made and signed by the applicant that states that:
the applicant is aware of the requirements of these rules that relate to the kind of cabling registration that the applicant is applying for;
the applicant has met all the competency requirements relevant to the kind of cabling registration that the applicant is applying for;
all other documents attached to the application are original documents or true copies of the original documents; and
the information in the application form is true and correct.
An application that meets the requirements of this section is a valid application.
Division 4 Decisions about registration applications
14 Decisions about registration applications -- registrar
This section applies if a person makes an application to a registrar under section 13 for a kind of cabling registration.
The registrar must not issue the person with a cabling registration unless the registrar is satisfied that:
the application is a valid application;
the person meets the requirements for registration specified in section 12 that apply to the kind of cabling registration that the person is applying for; and
the person has not had a previous cabling registration revoked under these rules, or under rules previously in place under subsection 421(1) of the Act.
If the registrar is satisfied of the matters specified in subsection (2), the registrar must:
in writing, issue to the person the kind of cabling registration that the person applied for, for the period of registration applied for;
give the person proof of registration; and
update the Database.
Note 1: Proof of registration may be in the form of a registration card or a certificate.
Note 2: For paragraph (3)(c), see section 34.
If the registrar is not satisfied that:
the application is a valid application; or
the person meets the requirements of section 12 that apply to the kind of registration the person is applying for,
the registrar must provide such assistance as is reasonably necessary to assist the person to make a valid application or to meet the relevant registration requirements in section 12.
Note: Assistance for the purposes of subsection (4) will typically be providing information about the qualifications the person must obtain to satisfy the competency requirements for the relevant kind of cabling registration.
If the person has had a previous cabling registration revoked, the registrar must refer the application to the ACMA.
The registrar may refer a registration application to the ACMA if the registrar considers that the applicant does not meet the registration requirements.
15 Decisions about registration applications – referral to ACMA
This section applies if a registrar (the relevant registrar) refers an application for a cabling registration made by a person to the ACMA under subsections 14(5) or (6).
If the ACMA is satisfied that:
the person will, if issued with a cabling registration, be able to comply with these rules, the Wiring Rules and the Act;
the application is a valid application; and
the person meets the requirements in section 12,
the ACMA must, in writing, notify the person and the relevant registrar that the person is issued with the kind of cabling registration, for the period of registration, specified in the notice.
If the relevant registrar is notified under subsection (2), the registrar must:
give the person proof of registration; and
update the Database.
Note: For paragraph (3)(b), see section 34.
If the ACMA is not satisfied of the matters specified in subsection (2), the ACMA may, by notice in writing given to the person, refuse to issue the person with a cabling registration.
Note: A decision under subsection (4) is a reviewable decision: see Part 6.
The ACMA must notify the relevant registrar, in writing, of a decision made under subsection (4).
Division 5 Renewal of registration
16 Renewal of registration
A:
registered cabling provider; or
person with an expired cabling registration (unregistered cabling provider),
may apply to a registrar for renewal of the kind of cabling registration that the registered cabling provider currently holds, or the unregistered cabling provider previously held.
An application for renewal made by a registered cabling provider must include proof that the provider’s cabling registration is an active cabling registration.
An application made by an unregistered cabling provider must include proof that the provider’s expired cabling registration expired less than 10 years before the date of the application.
The registrar may only renew a registered cabling provider’s active cabling registration by issuing the provider with the same kind of cabling registration as the active cabling registration.
The registrar may only renew an unregistered cabling provider’s expired cabling registration by issuing the provider with the same kind of cabling registration as the expired cabling registration.
Note: A person who wants to apply for a different kind of cabling registration to the one they currently hold or previously held may do so under section 13.
Division 6 Suspension or revocation of registration
17 Suspension or revocation of registration
The ACMA may suspend for a specified period that does not exceed the period of registration, or revoke, a cabling provider’s cabling registration, if it is satisfied that:
the provider has breached these rules, the Wiring Rules or the Act; or
the provider’s cabling registration was incorrectly issued.
Note: A decision to suspend or revoke a registration is subject to review: see Part 6.
If the ACMA decides to suspend or revoke a cabling provider’s cabling registration, the ACMA must, in writing, notify the:
cabling provider; and
registrar who issued the cabling provider the registration,
as soon as possible after the decision is made.
A registrar who receives a notice under paragraph (2)(b) must update the Database and the cabling provider’s proof of registration to indicate that the registration has been suspended or revoked, as soon as practicable after receiving the notice.
Division 7 - Requirements that apply to registered cabling providers
18 Requirement to update registrar
A registered cabling provider must inform the registrar who issued the provider their cabling registration of any changes to their contact information that is held by the registrar, within 21 days after the change occurs.
In this section, contact information includes the cabling provider’s name, address, email address and phone number.
19 Requirement to assist ACMA or inspectors
A registered cabling provider must give all reasonable cooperation and assistance to the ACMA or an inspector.
Division 8 – Registrar ceases to be a registrar
20 Registrar ceases to be a registrar – consequences for registered cabling providers
(1) This section applies if, for any reason, a registrar ceases to be a registrar.
(2) A registered cabling provider who was issued registration by the registrar before the registrar ceased to be a registrar, is taken to remain registered until the date on which the provider’s registration expires (unless the registration is earlier revoked).
Note: A registered cabling provider who is affected by this section may renew their cabling registration with another registrar.