1 Name

This instrument is the Telecommunications (Types of Cabling Work) Declaration 2024.

2 Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 419(1) of the Telecommunications Act 1997.

4 Repeal of the Telecommunications (Types of Cabling Work) Declaration 2013

The Telecommunications (Types of Cabling Work) Declaration 2013 (F2013L01845) is repealed.

5 Definitions

(1) In this instrument:

Act means the Telecommunications Act 1997.

AS 1851-2012 means:

(a) the Australian Standard AS 1851-2012 – Routine service of fire protection systems and equipment first published by Standards Australia Limited on 3 December 2012, as existing from time to time; or

(b) any standard published as a replacement of that standard by Standards Australia Limited, as existing on the date it is first published.

Note: A copy of AS 1851-2012 could, at the time of making this instrument, be accessed for a fee from Standards Australia Limited’s website at www.standards.org.au. A copy may also be inspected free of charge at an office of the ACMA, on prior request and subject to licensing conditions. Also, see section 589 of the Act.

AS/CA S035:2015 means:

(a) the Australian Standard AS/CA S035:2015 – Requirements for installation of temporary field telecommunications customer cabling for defence purposes first published by Communications Alliance Ltd on 20 April 2015, as existing from time to time; or

(b) any standard published as a replacement of that standard by Communications Alliance Ltd, as existing on the date it is first published.

Note: A copy of AS/CA S035:2015 could, at the time of making this instrument, be accessed free of charge from Communications Alliance Ltd’s website at www.commsalliance.com.au. Also, see section 589 of the Act.

associated customer cabling product means any of the following:

(a) a customer equipment connecting cord;

(b) a pre-terminated patch cord;

(d) an adaptor cord;

(e) a pre-terminated telephone extension cord;

(f) a plug/socket adaptor.

broadcaster means any of the following:

(a) the Australian Broadcasting Corporation;

(b) the Special Broadcasting Service Corporation;

(c) a person holding a licence issued under Part 4, 6, 6A, 7 or 8B of, or Schedule 6 to, the Broadcasting Services Act 1992;

(d) a person providing a broadcasting service under a class licence determined by the ACMA under Part 8 of the Broadcasting Services Act 1992.

cabling work has the same meaning as in Division 9 of Part 21 of the Act.

Note: See section 418 of the Act.

compliance label means a label that is required by a section 407 instrument to be applied to an item of customer equipment or customer cabling to indicate that the item complies with each applicable technical standard specified in that instrument for the item.

contracted service provider, for a relevant contract, is:

(a) a person who:

(i) is a party to the relevant contract; and

(ii) is responsible under the relevant contract for the performance of cabling work for, or in connection with the activities of, the broadcaster or narrowcaster concerned; or

(b) a subcontractor for the relevant contract.

criminal law-enforcement agency means any of the following:

(a) an authority or body that is a criminal law-enforcement agency within the meaning of the Telecommunications (Interception and Access) Act 1979;

(b) the Australian Secret Intelligence Service;

customer equipment connecting cord means a cord that is usually supplied with an item of customer equipment for use in the connection of the item.

defence organisation has the same meaning as in clause 2 of Schedule 3 to the Act.

facility has the same meaning as in Part 21 of the Act.

Note: See subsection 374(2) of the Act.

Industry Guideline G642:2016 means:

(a) the Industry Guideline G642:2016 – Installation of Broadcast Cabling and connection of Digital Broadcast Equipment to a Telecommunications Network first published by Communications Alliance Ltd in February 2016, as existing from time to time; or

(b) any guideline published as a replacement of that guideline by Communications Alliance Ltd, as existing on the date it is first published.

Note: A copy of the Industry Guideline G642:2016 could, at the time of making this instrument, be accessed free of charge from Communications Alliance Ltd’s website at www.commsalliance.com.au. Also, see section 589 of the Act.

labelled associated customer cabling product means an associated customer cabling product to which a compliance label has been applied in accordance with a section 407 instrument.

labelled customer equipment means an item of customer equipment to which a compliance label has been applied in accordance with a section 407 instrument.

manager of a telecommunications network has the same meaning as in Part 21 of the Act.

Note: See section 375 of the Act.

narrowcaster means a provider of a subscription narrowcasting service or an open narrowcasting service under a class licence determined by the ACMA under Part 8 of the Broadcasting Services Act 1992.

open narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.

relevant contract means a contract to which a broadcaster or narrowcaster is a party for the performance of cabling work for, or in connection with the activities of, the broadcaster or narrowcaster.

section 407 instrument means an instrument made by the ACMA under section 407 of the Act.

Note: The Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 is a section 407 instrument. A section 407 instrument is a legislative instrument registered on the Federal Register of Legislation. Also, see section 6.

significant event means:

(a) an event declared by the ACMA under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021; or

(b) if an event (the relevant event) was a significant event (within the meaning of the Telecommunications (Types of Cabling Work) Declaration 2013 as in force immediately before its repeal) and the whole or a part of the relevant event occurs after that repeal – the relevant event.

Note: The Radiocommunications Equipment (General) Rules 2021 and the Telecommunications (Types of Cabling Work) Declaration 2013 may be accessed free of charge from the Federal Register of Legislation. Also, see section 6.

subcontractor, for a relevant contract, means a person who:

(a) is a party to a contract (the subcontract) with:

(i) a contracted service provider for the relevant contract (within the meaning of paragraph (a) of the definition of contracted service provider); or

(ii) a subcontractor for the relevant contract (under a previous application of this definition); and

(b) is responsible under the subcontract for the performance of cabling work for the purposes (whether direct or indirect) of the relevant contract.

subscription narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.

telecommunications network has the same meaning as in Part 21 of the Act.

Note: See section 374 of the Act.

unlabelled associated customer cabling product means an associated customer cabling product to which a compliance label has not been applied because there is an exemption from compliance with the requirement to apply such a label to the product under a section 407 instrument.

unlabelled customer equipment means an item of customer equipment to which a compliance label has not been applied because:

(a) there is no applicable technical standard specified in any section 407 instrument for the item; and

(b) consequently, there is no requirement to apply such a label to the item under that instrument.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;

(b) connected;

(d) customer equipment.

(2) A reference in item 1 of Schedule 1 to cabling work performed by or on behalf of a broadcaster or narrowcaster includes a reference to the following:

(a) cabling work performed by an officer or employee of the broadcaster or narrowcaster, acting in the course of the officer’s or employee’s duties or within the scope of authority given by the broadcaster or narrowcaster;

(b) cabling work performed by a contracted service provider for a relevant contract, in fulfilment of the contracted service provider’s obligations under the relevant contract or a subcontract for the purposes (whether direct or indirect) of the relevant contract;

(c) cabling work performed by an officer or employee of a contracted service provider for a relevant contract, acting in the course of the officer’s or employee’s duties or within the scope of authority given by the contracted service provider.

6 References to other legislative instruments

In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note: 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. All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation that may be accessed free of charge at www.legislation.gov.au.

7 Types of cabling work

Any cabling work (other than cabling work of a kind mentioned in Schedule 1) is declared to be a type of cabling work for the purposes of Division 9 of Part 21 of the Act.

Note 1: This instrument relates to cabling work performed on the customer side of the boundary of a telecommunications network. Boundary of a telecommunications network is defined by section 22 of the Act.

Note 2: The following are types of cabling work for the purposes of Division 9 of Part 21 of the Act (except to the extent that the cabling work is of a kind mentioned in Schedule 1):

(a) the installation of customer cabling for connection to a telecommunications network or to a facility;

(b) the connection of customer cabling to a telecommunications network or to a facility;

The re-purposing of existing cabling may be a type of cabling work for the purposes of Division 9 of Part 21 of the Act if it converts that cabling into customer cabling and connects that cabling to a telecommunications network or to a facility. An example is the conversion of existing coaxial cabling for television in a home into customer cabling for Ethernet, through the use of an Ethernet over Coax adapter, and the connection of that cabling to a telecommunications network.

Schedule 1— Cabling work that is not a type of cabling work for Division 9 of Part 21 of the Act

(section 7)

1. Cabling work performed by or on behalf of a broadcaster or narrowcaster that involves an item of customer cabling:

(a) to which:

(i) a compliance label has been applied in accordance with a section 407 instrument; or

(ii) a compliance label has not been applied because there is an exemption from compliance with the requirement to apply such a label to the item under a section 407 instrument; and

(b) that is, or is to be, installed and connected to a telecommunications network in accordance with:

(i) the requirements of Industry Guideline G642:2016; or

(ii) the terms of a written consent of the kind described in Industry Guideline G642:2016.

Note 1: Industry Guideline G642:2016 contains requirements relating to the installation and connection of digital equipment and cabling.

Note 2: The requirements of section 3 of Industry Guideline G642:2016 apply to digital broadcast interfaces used with customer equipment to connect to a telecommunications network, unless consent from the carrier or carriage service provider who operates the network has been provided to connect those interfaces to the network and those interfaces are not listed in section 3.

2. Cabling work that involves customer cabling that is used, or is to be used, by a criminal law-enforcement agency under a warrant issued under a law of the Commonwealth, a State or a Territory.

3. Cabling work that:

(a) involves customer cabling for a facility that is a temporary field telecommunications facility which is used, or is to be used, by a defence organisation; and

(b) meets the requirements of AS/CA S035:2015.

4. Cabling work that involves the connection of any of the following items to a telecommunications network (the connected item), but only if the connected item is not concealed in a building cavity:

(a) a labelled associated customer cabling product;

(b) an unlabelled associated customer cabling product;

(d) unlabelled customer equipment.

Note 1: The types of cabling work covered by this item include:

(a) the use of leads and cords which have been pre-terminated with a Registered Jack (RJ) plug to connect ‘plug-and-play’ equipment (such as modems, routers, printers, gaming consoles and televisions) to a home computer network;

(b) the provision of cross-connections on a patch panel; and

Note 2: A connected item is concealed in a building cavity if all or part of the item is concealed in the wall, floor or ceiling cavity of the building.

Note 3: The expressions labelled associated customer cabling product and labelled customer equipment are defined in subsection 5(1) and only cover certain items of customer cabling or customer equipment to which a compliance label has been applied in accordance with a section 407 instrument. The expressions unlabelled associated customer cabling product and unlabelled customer equipment are also defined in subsection 5(1) and only cover certain items of customer cabling or customer equipment to which a compliance label has not been applied in specified circumstances.

5. Cabling work that is both:

(a) performed for the sole purpose of inspecting, testing and maintaining an automatic fire sprinkler system in accordance with AS 1851-2012; and

(b) involves the disconnection and reconnection of terminal wiring at any discrete mechanical or electrical interface, or at any peripheral equipment, in doing any of the following:

(i) checking the operation of indicators at the indicator panel;

(ii) testing water flow alarm switches and water pressure alarm switches, including checking the operation at the indicator panel;

(iii) checking the operation of any facilities installed for the continuous monitoring of isolation valves;

(iv) checking that an electrical signal is generated at the output of auxiliary firetrip switches and alarm switches;

(v) replacing any discrete mechanical or electrical interface, or any peripheral equipment, that is found to be faulty during the checking or testing.

6. Cabling work that is both:

(a) performed for the sole purpose of inspecting, testing and maintaining a fire detection and alarm system in accordance with AS 1851-2012; and

(b) involves the disconnection and reconnection of a fire detector and base in an alarm zone circuit at any discrete mechanical or electrical interface, or at any peripheral equipment, in doing any of the following:

(i) confirmation testing that the fault signal and alarm signal is registered at the appropriate alarm zone facility;

(ii) replacing any discrete mechanical or electrical interface, or any peripheral equipment, that is found to be faulty during the confirmation testing.

7. Cabling work that is both:

(a) performed for the sole purpose of inspecting, testing and maintaining an emergency warning and intercommunication system in accordance with AS 1851-2012; and

(b) involves the disconnection and reconnection of terminal wiring at any discrete mechanical or electrical interface, or at any peripheral equipment, in doing any of the following:

(i) testing the equipment;

(ii) replacing any discrete mechanical or electrical interface, or any peripheral equipment, that is found to be faulty during the testing.

8. Cabling work that is both:

(a) performed for the sole purpose of inspecting, testing and maintaining a pumpset system in accordance with AS 1851-2012; and

(b) involves the disconnection and reconnection of terminal wiring at any discrete mechanical or electrical interface, or at any peripheral equipment, in doing any of the following:

(i) checking the operation of any starting devices for pumpsets;

(ii) checking the operation of any status indicators;

(iii) checking the operation of any facilities installed for the continuous monitoring of isolation valves;

(iv) replacing any discrete mechanical or electrical interface, or any peripheral equipment, that is found to be faulty during the checking.

9. Cabling work that involves customer cabling that:

(a) is for use in relation to broadcasting content for the duration of a significant event; and

(b) is connected, or is for connection to, a telecommunications network in accordance with the terms of a written consent of the manager of the network; and

(c) will be completely removed from the location of the significant event at the end of the period of the significant event.