Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2025
Part 2Interpretation
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ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
accreditation body means a person or association that is an accreditation body for the purposes of section 409 of the Act.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Telecommunications Act 1997.
addressable device has the meaning given by:
(a) the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022; or
(b) if a later instrument replaces that standard and defines the term – the later instrument.
Note: The Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
analogue interface, in relation to a telecommunications network, means an interface that uses or carries analogue signals.
Note: applicable technical standard:
(a) in relation to customer equipment (other than cabling-related customer equipment): see section 9; or
(b) in relation to customer cabling and cabling-related customer equipment: see clause 1 of Schedule 4.
ARBN has the meaning given by section 9 of the Corporations Act 2001.
AS/CA S042.1 means:
for an item to which Part 4 of the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022 applies – the Australian Standard AS/CA S042.1:2020 – Requirements for connection to an air interface of a Telecommunications Network – Part 1: General published by Communications Alliance Ltd on 15 October 2020; or
otherwise:
the Australian Standard AS/CA S042.1:2022 – Requirements for connection to an air interface of a Telecommunications Network – Part 1: General published by Communications Alliance Ltd on 8 March 2022; or
if a later standard prepared by Communications Alliance Ltd replaces that standard – the later standard.
Note: The AS/CA S042.1:2020 and AS/CA S042.1:2022 Australian Standards are both available, free of charge, on Communications Alliance Ltd’s website: .
AS/NZS 62368.1:2022 Standard means the Australian/New Zealand Standard AS/NZS 62368.1:2022 Audio/video, information and communication technology equipment, Part 1: Safety requirements (IEC 62368-1:2018 (ED.3.0), MOD) published by Standards Australia on 24 June 2022.
Note: The AS/NZS 62368.1:2022 Standard can be obtained for a fee from the Standards Australia Store website at https://store.standards.org.au or may be viewed at an office of the ACMA on request and subject to licensing conditions.
built-in display, in relation to an item that is customer equipment (other than cabling-related customer equipment), means an electronic display or screen integral to the item, and does not include a display or screen that can be used independently of the item.
cabling-related customer equipment means customer equipment that is a passive device, including any connecting hardware used or to be used in connection with customer cabling, but does not include:
(a) a product intended primarily for the distribution of AC mains supply; or
(b) a product intended to be used for telecommunications earthing systems or telecommunications power distribution.
(c) insulation displacement connectors and other similar termination modules (such as those used at a main distribution frame);
(d) conduit for the protection of customer cabling; and
(e) telecommunications wall sockets.
CB Testing Laboratory has the meaning given by the IECEE Definitions.
Note: compliance label means a label required to be applied to an item by:
(a) section 11; or
(b) clause 3 of Schedule 4.
compliance records: see section 26.
corporation has the meaning given by section 57A of the Corporations Act 2001.
criminal law-enforcement agency has the meaning given by section 5 of the Telecommunications (Interception and Access) Act 1979.
declarant, in relation to a declaration of conformity, means the person who makes the declaration.
declaration of conformity: see section 22.
endorsed test report means a test report for an item that shows the endorsement or mark of:
(a) an accreditation body;
(b) a body with which an accreditation body has an agreement for the mutual recognition of test reports; or
(c) if there is an agreement to which Australia is a party that:
(i) deals with mutual recognition in relation to conformity assessment; and
(ii) specifies, or provides for the specification of, a body that, for the purposes of the agreement, is able to conduct testing against, or in accordance with, an applicable technical standard in relation to the item;
then – the body that has been so specified in, or under, the agreement.
Note: Example of an endorsement or mark: The trademark of “NATA”, which stands for the National Association of Testing Authorities, Australia.
ES2 (short for Electrical Energy Source Class 2) has the same meaning as in the AS/NZS 62368.1:2022 Standard.
ES3 (short for Electrical Energy Source Class 3) has the same meaning as in the AS/NZS 62368.1:2022 Standard.
Note: high risk applicable technical standard, in relation to an item, means an applicable technical standard, or a part of an applicable technical standard, in relation to the item that is specified to be a high risk standard in column 4 of the table in Schedule 1.
Note 1: If only a part of an applicable technical standard in relation to an item is specified to be a high risk standard, that part is a high risk applicable technical standard, and the remainder is not such a standard, in relation to the item.
Note: Example: Each part of the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022 that relates to AS/CA S042.1 is a high risk applicable technical standard, and the remainder is not such a standard, in relation to an item to which that part applies.
Note 2: There is no high risk applicable technical standard for customer cabling or cabling-related customer equipment.
Note: IECEE CB Rules of Procedure means the Rules of Procedure of the IECEE Certification Body (CB) Scheme contained in the publication ‘IECEE 02 – IEC System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE System) – Rules of Procedure – CB Scheme of the IECEE for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme) and its related services’ published by the International Electrotechnical Commission.
Note: The IECEE CB Rules of Procedure are available, free of charge, from the website of the International Electrotechnical Commission System for Conformity Assessment Schemes for Electrotechnical Equipment and Components, at https://www.iecee.org/resource/rules-operational-documents-guides.
Note: IECEE CB Test Certificate means a certificate issued by an Issuing and Recognizing NCB in accordance with the IECEE CB Rules of Procedure, as existing at the time the certificate is issued.
Note: IECEE CB Test Report means a test report:
(a) issued by a CB Testing Laboratory in accordance with the IECEE CB Rules of Procedure, as existing at the time the test report is issued; and
(b) which is accompanied by an IECEE CB Test Certificate.
Note: IECEE Definitions means the document titled ‘IECEE Publication – IEC System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE System) – Definitions’ published by the International Electrotechnical Commission.
Note: The IECEE Definitions are available, free of charge, from the website of the International Electrotechnical Commission System for Conformity Assessment Schemes for Electrotechnical Equipment and Components, at https://www.iecee.org/resource/rules-operational-documents-guides.
Note: IEC standard means a standard published by the International Electrotechnical Commission.
Note: included in a class of items: see section 8.
industry standard means a standard approved by:
(a) Standards Australia; or
(b) Communications Alliance Ltd; or
(c) any other body or association.
Note: In this instrument, an industry standard is not a standard referred to in section 108 of the Act.
Note: Issuing and Recognizing NCB has the meaning given by the IECEE Definitions.
Note: In the IECEE CB Rules of Procedure, NCB stands for National Certification Body.
Note: item means:
(a) in Part 3 and Schedule 1 – a thing that is customer equipment (other than cabling-related customer equipment), and includes a modified item;
(b) in Schedule 4 – a thing that is customer cabling or cabling-related customer equipment, and includes a modified item; or
(c) in any other case – a thing that is customer equipment or customer cabling, and includes a modified item.
Note: Subsection 5(1) provides that this instrument does not apply to certain items.
modified item means an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported and, for the avoidance of doubt, is the item as modified.
national database has the meaning given by:
(a) section 57 of the Radiocommunications Equipment (General) Rules 2021; or
(b) if another instrument replaces those rules and defines the term – the other instrument.
Note: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
non-compliance label means a label required to be applied to an item by section 15, or clause 6 of Schedule 4.
original item: see subsection 8(1).
original modified item: see subsection 8(2).
RCM (short for regulatory compliance mark) means the mark set out in Schedule 3.
representative of a manufacturer or importer means:
(a) an employee of the manufacturer or importer;
(b) if the manufacturer or importer is a corporation – an officer of the corporation, within the meaning of section 9 of the Corporations Act 2001;
(c) if the manufacturer or importer is an entity that is neither an individual nor a corporation – an officer of the entity, within the meaning of section 9 of the Corporations Act 2001; or
(d) another person authorised in writing for the purposes of this instrument by:
(i) the manufacturer or importer;
(ii) an employee of the manufacturer or importer; or
(iii) an officer of the manufacturer or importer.
significant event means an event declared by the ACMA under:
(a) subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021; or
(b) if another instrument replaces those rules and makes provision for the ACMA to declare an event to be a significant event – the other instrument.
Note: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase.
technical standard means a technical standard made by the ACMA under subsection 376(1) of the Act.
Note: A technical standard is a legislative instrument that may incorporate all or one or more parts of an industry standard as in force at the times mentioned in that technical standard.
test report, for an item, means a report in English that shows the results of a test of the item against, or in accordance with, an applicable technical standard in relation to the item.
Note: A number of other expressions used in this instrument are defined in the Act, including the following:
ACMA;
Australia;
boundary of a telecommunications network;
certification body;
customer cabling;
customer equipment;
facility;
import;
label, and when it is taken to be applied;
manager (of a telecommunications network or a facility);
manufacturer or importer of customer equipment or customer cabling;
person;
public mobile telecommunications service;
satellite-based facility;
standard telephone service;
telecommunications network;
use.
(2) If, apart from this subsection, a provision of this instrument would impose an obligation on a manufacturer or importer of an item and the item was imported:
(a) if the item has subsequently been modified – the obligation is imposed on the manufacturer who modified the item, or who caused the item to be modified; or
(b) otherwise – the obligation is imposed on the importer.
(3) For the avoidance of doubt, this instrument does not apply to a manufacturer of an item unless:
(a) the item was manufactured in Australia; or
(b) the item was modified by, or on behalf of, the manufacturer, in Australia (irrespective of whether the item was manufactured in Australia).
(4) In this instrument, a reference to the date a modified item was made is a reference to the date of making of the modification which resulted in that item.
7 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation. The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Note 3: For paragraph (b), see section 589 of the Act.
8 Class of items, and obligations relating to certain compliance records
(1) In this instrument:
(a) an item (other than a modified item) is included in a class of items if the item:
(i) is identical to each other item of the class (irrespective of when the items were manufactured or imported); and
(ii) has the same manufacturer or importer as each other item; and
(b) the original item, in relation to the class of items, is the item of the class that was the first to be manufactured in Australia or imported.
(2) In this instrument:
(a) a modified item is included in a class of items if:
(i) the modification which resulted in that item is identical to the modification which resulted in each other item of the class (irrespective of when the items were so modified); and
(ii) the modified item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported); and
(iii) the modified item has the same manufacturer or importer as each other item; and
(b) the original modified item, in relation to the class of items, is the item of the class that was the first to be so modified in Australia.
(3) If:
(a) a provision of this instrument requires a manufacturer or importer of an item to do any of the following things:
(i) complete a declaration of conformity for the item in accordance with subsection 22(1); or
(ii) prepare a description of the item in accordance with subsection 27(4); or
(iii) update the description in accordance with subsection 27(5); or
(iv) prepare a written statement in relation to the item in accordance with:
(A) subsection 13(4); or
(B) paragraph 15(2)(b); or
(C) subsection 23(2); or
(D) subclause 5(3) of Schedule 4; or
(E) paragraph 6(2)(b) of Schedule 4; and
(b) the item is included in a class of items; and
(c) the manufacturer or importer has done such a thing in relation to another item of the class; and
(d) the declaration, description, statement, test report or other document which resulted from doing such a thing would be the same for each item of the class;
the manufacturer or importer is taken to have done such a thing in relation to the first-mentioned item, and the doing of such a thing is taken to have resulted in the declaration, description, statement, test report or other document referred to in paragraph (d).
Note: Example: If a manufacturer or importer has prepared a declaration of conformity for the original item in the class that is included in a class of items, the manufacturer or importer is not required to prepare such a declaration in the same terms for any other item included in the class.