ACMA’s power to make technical standards
376 ACMA’s power to make technical standards
The ACMA may, by legislative instrument, make a technical standard relating to specified customer equipment or specified customer cabling.
Standards under this section are to consist only of such requirements as are necessary or convenient for:
protecting the integrity of a telecommunications network or a facility; or
protecting the health or safety of persons who:
operate; or
work on; or
use services supplied by means of; or
are otherwise reasonably likely to be affected by the operation of;
a telecommunications network or a facility; or
ensuring that customer equipment can be used to give access to an emergency call service; or
ensuring, for the purpose of the supply of a standard telephone service, the interoperability of customer equipment with a telecommunications network to which the equipment is, or is proposed to be, connected; or
ensuring, for the purpose of the supply of a carriage service using:
the national broadband network; or
any other superfast telecommunications network;
the interoperability of customer equipment with such a network; or
ensuring that customer equipment or customer cabling that is, or is proposed to be, connected to:
the national broadband network; or
any other superfast telecommunications network;
meets particular performance requirements; or
ensuring that customer equipment or customer cabling that is, or is proposed to be, connected to:
the national broadband network; or
any other superfast telecommunications network;
has particular design features; or
achieving an objective specified in the regulations.
Regulations made for the purposes of paragraph (2)(e) must not specify an objective if the achievement of the objective is likely to have the effect (whether direct or indirect) of requiring a telecommunications network or a facility to:
have particular design features; or
meet particular performance requirements.
A standard under this section may be of general application or may be limited as provided in the standard. This subsection does not, by implication, limit subsection 33(3A) of the Acts Interpretation Act 1901.
In this section:
national broadband network has the same meaning as in section 577BA.
superfast carriage service means a carriage service, where:
the carriage service enables end‑users to download communications; and
the download transmission speed of the carriage service is normally more than 25 megabits per second; and
the carriage service is supplied using a line to premises occupied or used by an end‑user.
superfast telecommunications network means a telecommunications network that is capable of being used to supply a superfast carriage service.
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