Industry codes and industry standards not to deal with certain design features and performance requirements
115 Industry codes and industry standards not to deal with certain design features and performance requirements
For the purposes of this Part, an industry code or an industry standard has no effect:
to the extent (if any) to which compliance with the code or standard is likely to have the effect (whether direct or indirect) of requiring customer equipment, customer cabling, a telecommunications network or a facility:
to have particular design features; or
to meet particular performance requirements; or
to the extent (if any) to which it deals with the content of content services.
The rule in subsection (1) does not apply to an industry code or an industry standard to the extent (if any) to which compliance with the code or standard is likely:
to have the indirect effect of requiring customer equipment, customer cabling, a telecommunications network or a facility to have particular design features that relate to:
the accuracy of billing of customers of carriage service providers in relation to the supply of standard telephone services; or
the quality of standard telephone services; or
a matter specified in the regulations; or
to have the direct or indirect effect of requiring customer equipment, customer cabling, a telecommunications network or a facility to meet performance requirements that relate to:
the accuracy of billing of customers of carriage service providers in relation to the supply of standard telephone services; or
the quality of standard telephone services; or
a matter specified in the regulations.
The rule in subsection (1) does not apply to an industry code or an industry standard to the extent (if any) to which the code or standard deals with a matter referred to in paragraph 113(3)(f) or (t).
The rule in subsection (1) does not apply to an industry code made for the purposes of Division 2AA of Part V of the Copyright Act 1968.
The rule in subsection (1) does not apply to an industry code or an industry standard to the extent (if any) to which compliance with the code or standard is likely to have the effect (whether direct or indirect) of requiring:
optical fibre lines; or
facilities used, or for use, in or in connection with optical fibre lines;
to:
have particular design features; or
meet particular performance requirements.
This provision refers to the regulations (specified in the regulations
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
22 more instruments made under this Act are listed on the Act’s overview.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.