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Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 3) (29/09/2009)

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Arrangements for Operation of the Registration System (No. 3)1
Telecommunications Cabling Provider Rules 2000
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Arrangements under subsection 3.1 (1) of the Telecommunications Cabling Provider Rules 2000.
Dated 29th September 2009
Chris Chapman
[signed]
Member
Brendan Byrne
[signed]
Member / General Manager
 
Australian Communications and Media Authority
Contents
Part 1                    Overview of the Rules
                        1     Name of Arrangements                                                                        3
                        2     Commencement                                                                                  3
                        3     Revocation                                                                                          3
                        4     Application of the Rules                                                                       3
                        5     Requirements of the Rules                                                                   3
                        6     Arrangements to be made under the Rules                                            3
Part 2                    Competency requirements for registration
                        7     Publication of competency requirements                                                4
                        8     Competency requirements to apply to all qualifications, units of training and competency standards                                                                                                          4
                        9     Registrar to advise applicants of competency requirements                     4
                       10     Expired cabling registrations                                                                 5
                       11     The ACMA may allow use of expired registration as evidence of competency    5
Part 3                    Registration of cabling providers and conduct of Registrar
                       12     Registrar must be accredited                                                                6
                       13     Deed for accreditation of Registrars                                                       6
                       14     Conduct of Registrar                                                                            6
Part 4                    Conditions for registration
                       15     Formal requirements for registration                                                      8
Part 5                    Conditions for renewal of registration
                       16     Formal requirements for renewal of registration                                       9
Part 6                    Circumstances in which registration may be suspended, revoked or renewed
                       17     The ACMA may give direction to suspend, revoke or renew registration   10
Part 7                    Auditing cabling work
                       18     The ACMA to conduct audits of cabling work                                        11
Part 8                    Auditing registration documents
                       19     Registrar to audit registration documents                                             12
Schedule 1             Competency requirements                                                              13
Schedule 2             Deed in relation to Cabling Provider Registrar Obligations            43
Schedule 3             Cabling Registration Declaration Open/Restricted/Lift                    67
 
 
 
Part 1                 Overview of the Rules
  
1              Name of Arrangements
                These Arrangements are the Arrangements for the Operation of the Registration System (No. 3).
2              Commencement
                These Arrangements commence on the day after they are registered.
3              Revocation
                The Arrangements for Operation of the Registration System (No. 2), made by the Australian Communications Authority on 1 December 2000, are revoked.
4              Application of the Rules
                The Telecommunications Cabling Provider Rules 2000 (the Rules) apply to every person who wishes to perform or supervise the performance of:
                (a)    open cabling work; or
               (b)    restricted cabling work; or
                (c)    lift cabling work.
5              Requirements of the Rules
                Part 4 of the Rules specifies requirements for the performance of types of cabling work described in Part 2 of the Rules. Cabling providers must comply with these requirements, which include the following:
                (a)    registration of cabling providers and supervisors of cabling work;
               (b)    compliance with standards for cabling work;
                (c)    mandatory use of compliant cabling and customer equipment;
               (d)    direct supervision of unregistered cabling providers;
                (e)    certification of cabling work;
                (f)    compliance with additional requirements for the performance of restricted cabling work that relates to aerial cabling.
6              Arrangements to be made under the Rules
         (1)   Part 3 of the Rules requires the ACMA to make arrangements for the operation of a system for the registration of cabling providers (the system), including supervisors of cabling work. Subsection 3.1 (2) of the Rules lists the matters that must be included in the system, and subsection 3.1 (3) of the Rules lists matters that may be included in the system.
         (2)   The matters included in the system for the registration of cabling providers (which may be amended from time to time), under which an accredited Registrar must operate, are set out in these Arrangements.
Part 2                 Competency requirements for registration
  
7              Publication of competency requirements
                For the purpose of the system, competency requirements with which a cabling provider must comply before being eligible for registration must be published by the ACMA under paragraph 3.1 (2) (a) of the Rules. These requirements (competency requirements) are contained in the publication Pathways to ACMA Cabling Provider Rules Cabler Registration for the types of cabling work described in Part 2 of the Rules, and are reproduced for ease of reference in Schedule 1.
Note   The current version of the competency requirements can be found at the following website address:
http://www.acma.gov.au/webwr/aca_home/registers/cabling_licences/pathways.pdf
or by following these links from the website address http://www.acma.gov.au:
> For licensee & industry: Licensing & regulation > Telecommunications: Telecommunications regulation > Cabling regulation > Cabler registration > Training > Pathways to ACMA Cabling Provider Rules, Cabler Registration.
8              Competency requirements to apply to all qualifications, units of training and competency standards
         (1)   All qualifications, units of training and/or competency standards must be determined in the manner set out in the competency requirements.
         (2)   If any of the qualifications, units of training or competency standards as determined have not been endorsed by the relevant national qualifications authority, the ACMA may give reasonable directions to Registrars regarding the use of suitable qualifications, units of training or competency standards that will be acceptable for the purpose of registration.
         (3)   In this section:
relevant national qualifications authority means:
                (a)    the Australian National Training Authority; or
               (b)    any other national body appointed for the purpose of endorsing national qualifications.
9              Registrar to advise applicants of competency requirements
                Registrars must advise applicants who wish to register with them of the relevant qualifications, units of training and competency standards that, when attained, satisfy the competency requirements for the types of cabling work specified in Part 2 of the Rules.
10            Expired cabling registrations
                For paragraph 16 (b), a cabling provider who held a cabling registration issued by a Registrar may, for the period of 12 months after the expiration of the registration, use the registration as evidence of competency as if it were a current registration, in accordance with paragraph 3.1 (4) (b) of the Rules.
Note   Paragraph 3.1 (4) (b) of the Rules provides that a cabling provider is taken to comply with the competency requirements if the cabling provider gives to the Registrar both of the following:
(a)   an application for renewal of registration as a cabling provider;
(b)   a copy of the cabling provider’s registration that expired during a period that is not greater than 12 months before the application for renewal is given to the Registrar.
11            The ACMA may allow use of expired registration as evidence of competency
         (1)   For section 16, the ACMA may at its discretion allow a cabling provider who held a cabling licence under the Telecommunications Act 1997 or registration with an accredited Registrar, that has expired for more than 12 months to use that licence or registration as evidence of competency as if it were a current cabling licence or current registration.
         (2)   The ACMA may only exercise the discretion mentioned in subsection (1) in extraordinary circumstances where the cabling provider can show just cause.
         (3)   When exercising the discretion mentioned in subsection (1), the ACMA must have regard to the period that the cabling licence or registration has lapsed, any administrative errors relating to registration, personal circumstances of the cabling provider (e.g. overseas postings or health), changes to relevant standards and the Wiring Rules, other evidence of competency, and all relevant provisions of the Rules.
         (4)   The cabling provider must make an application for this purpose in writing to the ACMA showing just cause why the discretion should be exercised.
         (5)   The ACMA will consider the application and provide written advice to the cabling provider.
         (6)   The cabling provider may take that advice to an accredited Registrar and the Registrar will be allowed to register the cabling provider where the advice specifies that the cabling provider may use an expired licence or registration as evidence of competency.
         (7)   If the registration is granted, the date of effect will be from the date of application.
Part 3                 Registration of cabling providers and conduct of Registrar
  
12            Registrar must be accredited
         (1)   Registrars entitled to conduct registration services must be accredited in accordance with accreditation procedures made and published by the ACMA under subsection 3.1 (7) of the Rules.
         (2)   The procedures are the Accreditation Procedures for Cabling Provider Registrars made by the Australian Communications Authority on 3 October 2000.
13            Deed for accreditation of Registrars
         (1)   For the purpose of the system, the registration of cabling providers and the conduct of Registrars are set out in the Deed in relation to Cabling Provider Registrar Obligations (the Deed). They are matters that can be included in the system under paragraphs 3.1 (2) (b), (2) (c) and (3) (a) of the Rules. The Deed is in a standard form approved by the ACMA and will be the same for all accredited Registrars, subject to any variation as allowed under the Deed. Additional provisions apply where the Registrar is under the control of one or more controlling entities.
         (2)   The Deed is between the Registrar, (including its controlling entity or entities (if any)), and the Commonwealth as represented by the Chief Executive of the ACMA. The Deed must be executed by all of the parties to give effect to the accreditation of the Registrar by the ACMA.
         (3)   The approved form of the Deed is set out in Schedule 2. The provisions of the Deed regarding controlling entities will not apply if there are no such entities.
14            Conduct of Registrar
         (1)   A Registrar must conduct itself in a manner consistent with the obligations in the Deed. The Deed includes provisions, consistent with the Privacy Act 1988 and the Information Privacy Principles, for the protection of personal information given to a Registrar.
         (2)   The Registrar must provide applicants with:
                (a)    appropriate registration forms that must include the declaration set out in Schedule 3; and
               (b)    assistance to complete the forms.
         (3)   The Registrar must advise applicants about:
                (a)    the evidence of competency required to make an application; and
               (b)    their obligations to retain that evidence both during the registration period and for the purpose of auditing and inspection of cabling work.
         (4)   The Registrar must ensure that registration forms are completed correctly and must issue an appropriate registration to the cabling provider for the type of cabling work.
         (5)   After registration, the Registrar must give a copy of the Explanatory Guide to Cabling Provider Rules to the cabling provider.
Note   Among other things, the Explanatory Guide to Cabling Provider Rules mentions the legal obligations of a cabling provider under the Rules.
         (6)   Each Registrar may set its own registration period during which a person may be registered as a cabling provider.
         (7)   Before the expiry of the registration period for a cabling provider, the Registrar must advise the cabling provider:
                (a)    of the date on which the cabling provider’s registration will expire; and
               (b)    of the need to apply for renewal of the cabling provider’s registration on or before the date when the registration expires.
Part 4                 Conditions for registration
  
15            Formal requirements for registration
                A person must comply with the following conditions to be registered as a cabling provider:
                (a)    the person must correctly complete and sign the declaration on the registration form, which includes the details set out in Schedule 3, when applying for registration for the particular types of cabling work in Part 2 of the Rules;
               (b)    in the declaration the person must verify that the competency requirements have been met for the type of cabling work, and that the person will comply with the Rules;
                (c)    the person must hold evidence of competency before being registered and at the time of making an application for registration must produce to the Registrar the appropriate qualifications of completion of the necessary units of training or attainment of the relevant competency standard.
Part 5                 Conditions for renewal of registration
  
16            Formal requirements for renewal of registration
                In order to renew registration as a cabling provider, the cabling provider must give to a Registrar a copy of written evidence of competency, and must include at least 1 of the following in the application for renewal:
                (a)    proof of current registration as a cabling provider with a Registrar;
               (b)    proof of the cabling provider’s registration that expired during a period that is not greater than 12 months before the application for renewal is given to the Registrar;
                (c)    written advice from the ACMA stating that, for a reason mentioned in the advice, the cabling provider may use an expired registration as evidence of competency in accordance with section 11.
Part 6                 Circumstances in which registration may be suspended, revoked or renewed
  
17            The ACMA may give direction to the Registrar to suspend revoke or renew registration
         (1)   For the purpose of the system, the ACMA may, under paragraph 3.1 (3) (c) of the Rules, specify circumstances in which a registration may be suspended, revoked or subsequently renewed following a suspension or revocation of registration. 
         (2)   A Registrar must not make a decision to suspend, revoke or subsequently renew a registration that has been suspended or revoked, unless the ACMA gives a written direction to that effect.
         (3)   If the ACMA gives a direction under subsection (2), the Registrar must immediately give a notice to that effect to the relevant cabling provider and update the records of the cabling provider showing the status of the person.
         (4)   During the period of suspension of a registration, the effect is that the cabling provider may not perform cabling work of any type.
         (5)   The ACMA will have regard to breaches of the Rules before giving a direction under subsection (2). 
Part 7                 Auditing cabling work
  
18            The ACMA to conduct audits of cabling work
                Regulatory inspections of cabling work may be conducted by the ACMA:
                (a)    in response to a written complaint; or
               (b)    on its own initiative.
Part 8                 Auditing registration documents
  
19            Registrar to audit registration documents
         (1)   A Registrar must validate the information on all registration forms submitted to the Registrar each financial year.
         (2)   If any information is incorrect, or if the Registrar believes that there is a discrepancy in the information, the Registrar must immediately notify the ACMA of this and provide details of the error or discrepancy.
 
 
 
Schedule 1        Competency requirements
(section 7)
  
Note 1   The competency requirements are reproduced in this Schedule for ease of reference.
Note 2   The current version of the competency requirements can be found at the following website address:
http://www.acma.gov.au/webwr/aca_home/registers/cabling_licences/pathways.pdf
or by following these links from the website address http://www.acma.gov.au:
> For licensee & industry: Licensing & regulation > Telecommunications: Telecommunications regulation > Cabling regulation > Cabler registration > Training > Pathways to ACMA Cabling Provider Rules, Cabler Registration.


  Pathways to ACMA Cabling Provider Rules Cabler Registration
June 2009
Sponsored and endorsed by:
           
Commonwealth of Australia 2009
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Communications and Publishing, Australian Communications and Media Authority, PO Box 13112 Law Courts, Melbourne Vic 8010.
ISBN 0 642 78352 7
Published by the Australian Communications and Media Authority
Canberra Central Office
Purple Building, Benjamin Offices
Chan Street, Belconnen
PO Box 78,
Belconnen ACT 2616
Tel: 02 6219 5555
Fax: 02 6219 5200
Melbourne Central Office
Level 44, Melbourne Central Tower
360 Elizabeth Street, Melbourne
PO Box 13112 Law Courts Melbourne Vic 8010
Tel: 03 9963 6800
Fax: 03 9963 6899
TTY: 03 9963 6948
Sydney Central Office
Level 15, Tower 1 Darling Park
201 Sussex Street, Sydney
PO Box Q500
Queen Victoria Building NSW 1230
Tel: 02 9334 7700, 1800 226 667
Fax: 02 9334 7799
Contents
 
1.  Introduction
Use of this document
2. Criteria for Cabling Experience
Open Registration
Endorsements
3. Pathways Charts
Explanation and list of charts
Explanation and list of charts
Chart 1: Summary of Open Registration pathways using ICT02, UTE99 and UEE07
NUE190
Chart 2: Competency-based pathways – Open Registration
Chart 3: Module-based pathway for qualified electricians and experienced cablers* – Open Registration
Chart 4: Module-based pathway for ordinary people – Open Registration
Chart 5: Summary of Restricted Registration pathways
Chart 5A: Summary of Lift Registration pathways
Chart 6: Competency-based pathways – Restricted Registration
....................... Chart 7: Module-based pathway for qualified electricians and experienced cablers* – Restricted Registration ICT02, UTE99 and UEE07
Chart 8: Module-based training pathway for ordinary people – Restricted Registration ICT02 and UTE99
....................... Chart 9: Electrotechnology Training Package (UEE07) Pathways to ACMA Cabling Provider Rules Cabler Registration
Chart 10: Endorsements for Open CPR qualified cablers
4.  Methodology for Developing Pathways
Development process
5.  Open, Restricted and Lift Cabling Work
Open cabling work
Restricted cabling work
Lift cabling work
6. Cabling Provider Rules
7.  Contact details –Titab, Ee-Oz, The Acma & Ibsa
1. Introduction
The Australian Communications and Media Authority (the ACMA) and key communications/telecommunications industry stakeholders originally developed this document in 2004, and updated it in 2007 and 2009 to consolidate the training pathways to the ACMA Cabling Provider Rules (CPR) registration.
In the cabler training and registration sector, there needs to be clarity about the programs available for training cablers and which programs apply to which types of candidates. The pathways in this document bring together existing programs in a cohesive framework of training that optimises access to training and registration for all types of candidates.
Two types of training are available, module-based and competency-based. Competency-based is recommended as the most appropriate; however, some cablers prefer the module-based option.
Use of this document
This document is intended to be the primary information source for registered training organisations (RTOs), registrar organisations and cabler assessors.
The recommended strategy for using this document with individual candidates is:
·                     Identify the characteristics of the candidate—their experience, prior learning and desired outcomes
·                     Assess the candidate’s experience using the criteria supplied in the section Criteria for cabling experience in Section 2
·                     Select a pathway which suits the candidate characteristics using the charts in Section 3
·                     Refer to the detailed charts to obtain information about the specific modules or competency units to be undertaken.
The charts can also be used by RTOs in determining which programs they will offer and the specific details of those programs.
It should be noted that regardless of any policies in the Vocational Education & Training (VET) sector, or, industry at large, favouring “competencies”, module-based programs are still recognised by the ACMA.
2. Criteria for Cabling Experience
Candidates for registration through the module-based pathways require experience in cabling as well as the successful completion of the required modules. The lists of criteria outlined below are to be used by RTOs in assessing a candidate’s experience.
Candidates qualifying under the competency standard requirements do not need to meet the “6 months test” as they are actually assessed for competency, and would be highly unlikely to pass a formal competency assessment without adequate experience.
Open Registration
Where cablers require experience to progress to open cabler registration the following criteria can be used to define cabling experience.
The experience of the candidate should meet the first three criteria in all cases and four of the other criteria listed.
□     Experience comprises at least 600 hours of work on cabling tasks within the last two years
□     Cabling experience was supervised by a registered cabler
□     Cabling work undertaken is covered by one or more Australian Technical Standards, e.g. AS/ACIF S008:2006 and AS/ACIF      S009:2006
□     Installation of distributor systems involving a capacity of at least 20 lines
□     Installation of telecommunications earthing protection
□     Creation and interpretation of cable plans
□     Assistance in cable testing and fault rectification
□     Preparation of telecommunications cabling advice (TCA) reports for customers*
□     Interaction with customers
Evidence of experience: This should be provided to an RTO, or a registrar on request, by a registered cabler who has supervised the candidate. To do this, photocopy this page, add the name of the candidate and tick the criteria they have met. Then sign off giving current CPR registration number.
State and Territory criteria for experience:  Where state/territory school-based programs operate, these are usually undertaken on the basis of qualifications within a competency based system. State/territory training authorities may apply their own experience criteria to such programs whether module or competency based, before issuing any formal credentials.
The experience criteria for AQTF purposes may differ from the ACMA criteria.
*Note: TCA1 forms are mandatory, while TCA2 forms are advisory.  Refer to the ACMA website www.acma.gov.au
Endorsements
When the ACMA Base Cabling Licence and endorsement system was replaced by CPR in 2000, mandatory endorsements for fibre, co-axial, structured cabling, underground and aerial work became voluntary.  Since then, although not mandated by the ACMA, they are still required by industry for many installations.
Restricted Registration
Where cablers require experience to progress to restricted cabler registration the following criteria can be used to clarify the definition of cabling experience.
The experience of the candidate should meet the first three criteria in all cases and two of the other criteria listed.
□     Experience comprises at least 400 hours of work on cabling tasks within the last two years
□     Cabling experience was supervised by a registered cabler
□     Cabling work undertaken is covered by one or more Australian Technical Standards, e.g. AS/ACIF S008:2006 and AS/ACIF S009:2006
□     Creation and interpretation of cable plans
□     Assistance in cable testing and fault rectification
□     Preparation of TCA reports for customers
□     Interaction with customers
 
Evidence of experience: This should be provided to an RTO, or a registrar on request, by a registered cabler who has supervised the candidate. To do this, the registered cabler should photocopy this page, add the name of the candidate and tick the criteria he or she has met. The cabler should sign off the page and provide the current CPR registration number.
State and Territory criteria for experience:  Where state/territory school-based programs operate, these are usually undertaken on the basis of qualifications within a competency-based system. State/territory training authorities may apply their own experience criteria to such programs, whether module or competency-based, before issuing any formal credentials.
The experience criteria for AQTF purposes may differ from the ACMA criteria.
Lift registration
As Lift registration for the ACMA CPR purposes is an “add-on” to an “electrical” qualification and with training programs usually run by specialist RTOs with elevator industry involvement, experience criteria are evaluated by the RTO.  The Telecommunications Training Package contains the benchmark criteria for the telecommunications component in Lifts and the Electrotechnology Training Package covers all the non-telecommunications requirements.
3. Pathways Charts
Explanation and list of charts
There are multiple pathways to cabler registration. These pathways arise from the telecommunications and the electrotechnology training packages and agreements between stakeholders.
Charts 1 and 5 provide an overview of the collective pathways to Open and Restricted Registration. The other charts provide more detailed information about specific pathways. Guidance for RTOs when assessing a candidate’s prior cabling experience is provided under Criteria for cabling experience in Section 2.
Chart 1:          Summary of Open Registration pathways (ICT02, UTE99 and UEE07)
Chart 2:          Competency-based pathways – Open Registration
Chart 3:          Module-based pathway for qualified electricians and experienced cablers – Open Registration
Chart 4:          Module-based pathway to Open Registration for ordinary people – Open Registration
Chart 5:          Summary of Restricted Registration pathways
Chart 5A:        Summary of Lift Registration pathways
Chart 6:          Competency-based pathways – Restricted Registration
Chart 7:          Module-based pathway for qualified electricians and experienced cablers - Restricted Registration
Chart 8:          Module-based training pathway to Restricted Registration for ordinary people
Chart 9:          Electrotechnology Training Package (UEE07) Pathways to ACMA Cabling Provider Rules Cabler Registration
Chart 10:        Endorsements for Open CPR qualified cablers
Chart 11:        Digital Reception Technology
Explanation and list of charts
This paper is based on national modules and training package learner resource numbering.  However, some states and territories may be continuing with earlier versions of packages and modules or learner resources.
The Electrotechnology learner resources numbering in particular may vary between states and territories depending on the training package version authorised by the State Training Authorities.
Chart 1: Summary of Open Registration pathways using ICT02, UTE99 and UEE07
Chart 2: Competency-based pathways – Open Registration
These pathways apply to any person who does not meet the criteria for a licensed electrician or experienced cabler. As these persons are assessed against national competencies and deemed competent, there may be no requirement for formal on the job experience.
UTE99 is now superseded by UTE07, however, registrars can accept earlier qualifications and can do so for the foreseeable future.
 
 
 
School based programs experience: Where school based programs operate under state/territory jurisdiction, there may be ‘work experience’ requirements applied to students before formal awards are given. Notwithstanding, work practice in cable installation must be demonstrated.
Chart 3: Module-based pathway for qualified electricians and experienced cablers* – Open Registration
*Experienced cablers are technically trained staff from telecommunications, fire, security, data and computer cabling companies and statutory authorities who can be credited with completion of modules NTE001, NTE003, NTE009 (or their equivalents) using their formal RTO or employer training records.
No fast track for ‘Regulatory’ modules: There is no fast track option for NTC004 /NTE005/NUE190. An 80 per cent pass mark using the prescribed ACMA subject guides in the module is required per test. Any retest must be again set against the full subject guides. For experienced cablers and qualified electricians, the RTO has the responsibility to ensure the pre-requisite requirements are met for these pathways by sighting and recording evidence of credits, completed qualification or assessing and providing a Statement of Attainment.
Equivalent Module Use:  This paper is based on national modules and training package learner resource numbering.  However, some states and territories may be continuing with earlier versions of packages and modules or learner resources.
Chart 4: Module-based pathway for ordinary people – Open Registration
Chart 5: Summary of Restricted Registration pathways
Chart 5A: Summary of Lift Registration pathways
Lift registration for the ACMA CPR purposes is an “add-on” to an “electrical” qualification with training programs usually run by specialist RTOs with elevator industry involvement.  The Telecommunications Training Package contains the benchmark criteria for the telecommunications component in Lifts and the Electrotechnology Training Package covers all the non-telecommunications requirements.
Chart 6: Competency-based pathways – Restricted Registration
The telecommunications pathway is open to people from all disciplines who want to meet the ACMA CPR Restricted Registration requirements.
Chart 7: Module-based pathway for qualified electricians and experienced cablers* – Restricted Registration ICT02, UTE99 and UEE07
*Experienced cablers are technically trained staff from telecommunications, fire, security, data and computer cabling companies and statutory authorities who can be credited with completion of modules NTE001, NTE003, NTE009 (or their equivalents) using their formal RTO or employer training records.
For experienced cablers and qualified electricians, the RTO has the responsibility to ensure the pre-requisite requirements are met for these pathways by sighting and recording evidence of credits, completed qualification or assessing and providing a Statement of Attainment.
Chart 8: Module-based training pathway for ordinary people – Restricted Registration ICT02 and UTE99
Chart 9: Electrotechnology Training Package (UEE07) Pathways to ACMA Cabling Provider Rules Cabler Registration
Module based programs for CPR:  An RTO may deliver and issue transcripts of successful completion of modular based programs to meet the CPR registration requirements of the Telecommunications Regulator, the ACMA (the Australian Communications and Media Authority).  The module based option is widely used by cabling sectors of the alarm and security industries and other non-mainstream telecommunications sectors.
UEE07 changes:  Completion of curriculum modules as currency supporting national electrotechnology vocational education and training qualifications and statements of attainment ceased when the UTE99 version of the Electrotechnology Training Package was superseded by the UEE07 version.
In the UEE07 version of the Training Package, qualifications and statements of achievement are gained by the achievement of the Units of Competency specified in the packaging rules.  As a unit of competency incorporates all the required knowledge, skills and standards of performance for the scope of work it covers, RTOs are obligated to issue transcripts for a Qualification or State of Attainment listing only the national code and title of units of competency achieved.
From the foregoing, under the Electrotechnology Training Package UEE07, there are only competency-based pathways to ACMA cabler registration. 
The ACMA cabler registration competency pathways under UEE07 Electrotechnology Training Package
Open Registration for persons who are not licensed electricians or experienced cablers.
Achievement of the following:
UEENEEF002B Lay and connect cables for multiple access to telecommunication services.
Pre-requisites: The transcript from an RTO should also include achievement of the following prerequisite units.
UEENEEE002B Dismantle, assemble and fabricate electrotechnology components
UEENEEE003B Solve problems in extra-low voltage single path circuits
UEENEEE004B Solve problems in multiple path d.c. circuits
UEENEEE005B Fix and secure equipment
UEENEEE007B Use drawings, diagrams, schedules and manuals
Open Registration for persons who hold a licence to carry out electrical work unsupervised.
Achievement of the Unit:
UEENEEF002B Lay and connect cables for multiple access to telecommunication services.
Restricted Registration for persons who are not licensed electricians or experienced cablers.
Achievement of the following:
UEENEEF001B Lay and connect cabling for direct access to telecommunication services
Pre-requisites: The transcript from an RTO should also include achievement of the following prerequisite units.
UEENEEE002B Dismantle, assemble and fabricate electrotechnology components
UEENEEE005B Fix and secure equipment
UEENEEE007B Use drawings, diagrams, schedules and manuals
UEENEEF006B Solve problems in data and voice communications circuits
Restricted Registration for persons who hold a licence to carry out electrical work unsupervised.
UEENEEF001B Lay and connect cabling for direct access to telecommunication services.
Earlier Qualifications:  Cablers may also present earlier qualifications to registrars, as the module based options continue for the ACMA CPR purposes. The gaining of the NTE/NUE 199 module as CPR recognition continues to be available to cablers.
Chart 10: Endorsements for Open CPR qualified cablers
For experienced cablers with Open CPR qualifications, there will often be a requirement for industry-recognised endorsements.  These are not mandated by the ACMA.
The RTO or a registrar recognised trainer has the responsibility to ensure the pre-requisite requirements are met for these and recording evidence of credits, completed qualification or assessing and providing a Statement of Attainment.
Registrars need the usual level of evidence to record the endorsements for Open CPR registrants.
Competencies in other national training packages are also recognised by registrars when they align with the benchmark competencies.
Current endorsements recognised by registrars are:-
Optical Fibre                           Benchmark competency ICTTC010C                                                            OR UEENEEF005B Co-Axial cable                         Benchmark competency ICTTC 011C Structured cable (e.g. Cat.6)  Benchmark competency ICTTC 009C                                                           OR UEENEEF004B Underground                           Benchmark competencies ICTTC 016C;018C                                              and 019C
OR UEENEEF013B
Aerial                                       Benchmark competencies ICTTC016C; 020C                                              and 021C 
OR UEENEEF012B
Cable System Testing                        Benchmark competency ICTTC 013C                                                           OR UEENEEF011B
NOTE: The Aerial and Underground endorsements are applicable for Cabling Providers, but not ACMA mandatory for Aerial and Underground cabling installations made under the 500 metre rule.
After the introduction by the ACMA of what is usually called in industry, “…the 500 metre rule…” the non-carrier cabler has an additional scope of work by being able to cable down the street using Underground or Aerial cabling to link two premises of the same customer.
This link is on the customer side of the Network Boundary and therefore is defined as customer cabling even though it goes outside the first property to the second and, for example, may contain extensions off the PABX at the first property.
Chart 11: Digital Reception Technology
The digital reception sector of the telecommunications industry looks after the design, installation and maintenance of radio frequency reception systems covering Terrestrial, Satellite, Cable and wireless.  An ACMA CPR registration may be required and normal criteria applies. (Refer Section 3)
Cabling on customer premises should always be in accordance with the relevant Australian/New Zealand Technical Standards, even in cases where a CPR is not required.
The sector provides two pathways via the Certificate II and Certificate III recognising CPR as a fundamental aspect of the converging nature of Digital reception devices.  Industry groups have included CPR as a mandatory requirement in some skill sets.
4. Methodology for Developing Pathways
Background
In September 2003, the Australian National Training Authority now a function of the Department of Education, Employment & Workplace Relations originally funded the pathways project.  It is designed to guide trainers, employers, assessors, registrars and cablers on how to meet the regulatory requirements of the ACMA for CPR registration and training and to enable individuals to have their skills formally recognised and benchmarked against the ACMA’s requirements for CPR registration.
An update was completed in 2007 and again in 2009, funded by Innovation & Business Skills Australia and supported by EE-Oz Training Standards (EE-Oz), the ACMA and TITAB Australia.
Development process
The pathways development process since 2003 has involved:
·     research into existing pathways and types of cabler registration candidates
·     Australia-wide industry focus groups to assess industry stakeholder issues
·     review and refinement of pathways to address industry stakeholder issues and candidate needs
·     Australia-wide validation of refined pathways with industry stakeholders
·     documentation and consolidation of pathways in consultation with the ACMA and key stakeholders, first revising content in 2006/2007 to simplify the pathways document for end users and further updating in 2009
·     addressing the concerns of state/territory training authorities in relation to audits and findings on alignment of pathways with the Australian Quality Training Framework (AQTF).
Cabling Provider Rules Registration and the Australian Quality Training Framework (AQTF)
The principles in this document apply to the ACMA Cabler Provider Rules (CPR) registration system and are not to be substituted for requirements of the AQTF.
The national communications regulator, the ACMA, sets out requirements for cablers in an industry context and state/territory training authorities administer the national AQTF requirements.
5. Open, Restricted and Lift Cabling Work
The following information on cabling work is based on the Telecommunications Cabling Provider Rules 2000 (CPRs), as amended, made under subsection 421 (1) of the Telecommunications Act 1997. The full consolidated version is on the ACMA website at www.acma.gov.au (go to For licensees and industry: Licensing and regulation > Telecommunications regulation > Cabling licensing > Cabling Provider Rules).
Three Types
These rules apply to three types of customer cabling work—open, restricted and lift.
Open cabling work
Open cabling work is any type of customer cabling work (including aerial or underground cabling work on private or public property) in which the customer cabling that is used terminates at the network boundary on a socket, a network termination device or a distributor.
Examples of distributors
1 Building distributor (formerly known as a main distribution frame)
2 Campus distributor
Many in the industry describe this as “where no jumpering or cross connection is involved”.
Restricted cabling work
The Cabling Provider Rules define restricted cabling work as:
(1) Subject to subsection (2), the following cabling work is restricted cabling work:
(a) cabling work (including aerial or underground cabling work on private property):
(i) that is performed only in relation to a customer’s premises; and
(ii) in which the electrical supply voltage does not exceed typical domestic single-phase (240V ac) and three-phase (415V ac) electrical supply voltages; and
(iii) in which the customer cabling that is used terminates at the network boundary on a socket or network termination device;
(b) cabling work in which customer cabling is connected to customer equipment that complies with:
(i) the Act; and
(ii) the requirements of the Labelling Notice;
(c) cabling work that meets each of the following criteria:
(i) the work is performed only in relation to a customer’s premises;
(ii) the electrical supply voltage does not exceed the typical domestic single-phase (240V ac) and three-phase (415V ac) electrical supply voltages;
(iii) the supply voltages are identifiable by every person performing the cabling work;
(iv) the electrical power cables are inaccessible to any person performing the cabling work
Note: Section 4.6 sets out requirements that must be met if a cabling provider is performing restricted cabling work that relates to aerial cabling.
(2) Subsection (1) does not apply to cabling work:
(a) performed between customer equipment and any of the following jumperable distributors or jumperable frames, and terminating at the distributor or frame:
(i) a Building Distributor;
(ii) a Campus Distributor;
(iii) a Local Distributor;
(iv) a Floor Distributor;
(v) a System Distribution Frame;
(vi) a Test Point Frame; or
(b) involving cable pairs that are included in cable sheaths shared with other services; or
(c) performed between customer equipment and a patch panel, and terminating at the patch panel.
Examples of restricted cabling work
1. Cabling work connected behind an alarm panel or modem (but not via a jumperable distributor, a jumperable frame or a patch panel).
2. Cabling work connected directly behind a Customer Switching System (but not via a jumperable distributor, a jumperable frame or a patch panel).
3. Cabling work for additional phone points (other than the first point) in a commercial, high rise or multi-storey building, if the service involved is a standard telephone service (but not via a jumperable distributor, a jumperable frame or a patch panel).
4. Cabling work for a home automation system (but not via a jumperable distributor, a jumperable frame or a patch panel).
Lift cabling work
Lift cabling work is defined in the Cabling Provider Rules as work:
(a) that is performed in relation to a lift that has been installed, or is to be
installed; and
(b) in relation to which the customer cabling that is used connects:
(i) a cross connection point adjacent to the lift motor room; and
(ii) the lift control cubicle within the lift motor room; and
(iii) the lift cars.
Examples of cross connection points
1. The Floor Distributor (formerly known as the Intermediate Distribution Frame).
2. The Local Distributor (formerly known as the Final Distribution Point).
3. Another suitable cable termination point adjacent to the lift motor room.
Telecommunications cabling work in Lift is covered by the ACMA CPR requirements.
Electrical work is covered by the electrical industry and the EE-OZ Training Package.
Cablers registered as Open CPR are also qualified to work on telecommunications Lift cabling as an ‘Open’ CPR exceeds requirements for both Lift and Restricted.
More information
More detailed information about the CPRs and arrangements for cabler registration is available on request from the ACMA.
6. Cabling Provider Rules
The Telecommunications Cabling Provider Rules 2000 (CPRs) regulate the cabling industry and replaced the previous cabler licensing system with an industry-managed registration scheme.
CPRs ensure that minimum cabling requirements are in place to promote safety and maintain network integrity.
The major requirements of CPRs are that:
1.      All customer cabling work in the telecommunications, fire security and data industries must be performed by a registered cabler.
Depending on the cabling work performed, cablers must obtain either an Open, Restricted or Lift registration that meets the ACMA’s training competency requirements. Cabling work must comply with the Wiring Rules. The Wiring Rules detail the minimum requirements for cabling installations to ensure that network integrity and the health and safety of end-users, other cablers and carrier personnel is protected. A key requirement of the Wiring Rules is that telecommunications cabling is adequately separated or segregated from electrical cabling to avoid creating a dangerous situation. Cablers are required to install only cabling product (including cable) and customer equipment that complies with the requirements of the Labelling Notice. Cablers must, at the completion of each cabling task, provide the client (i.e. the customer or employer, whichever is appropriate) with a job sign-off form, such as a telecommunications cabling advice form (TCA). Registered cablers must directly supervise an unqualified cabler's cabling work. This is known as the Supervision Rule. Under the Supervision Rule, a qualified cabler must accept full responsibility for the work done by an unqualified cabler and ensure that it fully complies with the Wiring Rules including signing the TCA form. Cablers must provide all reasonable cooperation and assistance to the ACMA’s inspectors and cabling auditors. Cablers can be subject to fines if they do not abide by their registration conditions. Cablers are required to notify their registrar of any change of contact details within 21 days.
More information
This is a brief overview of the CPRs and does not list all the obligations and responsibilities of cablers performing telecommunications cabling work. Cablers should make themselves familiar with the requirements of the Telecommunications Cabling Provider Rules 2000, which is on the ACMA website at www.acma.gov.au or contact ACMA on telephone 1300 850 115, fax (03) 9963 6970 or email to cabling@acma.gov.au.
Document is a guide: This document is intended as a guide only. For this reason, the information should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases. This document is on the ACMA website at www.acma.gov.au/webwr/aca_home/registers/cabling_licences/pathways.pdf.
Offences
A person who intentionally or recklessly contravenes the requirements for CPRs is guilty of an offence punishable on conviction by a fine not exceeding $11,000.
7.  Contact details –Titab, Ee-Oz, the Acma & Ibsa
For more information or advice about the use of this document or other issues concerning cabler training and registration contact one of the organisations listed.
TITAB Australia
Tel:                03 9349 4955                          Fax:                 03 9349 4844
Email:            info@titab.com.au                   Website:          www.titab.com.au
EE-Oz Training Standards
Tel:                02 6241 2155                          Fax:                 02 6241 2177
Email:            ee-oz@ee-oz.com.au             Website:          www.ee-oz.com.au
the Australian Communications and Media Authority (ACMA)
Tel:                03 9963 6800                          Fax:                 03 9963 6970
Email:            ccat@acma.gov.au                Website:          www.acma.gov.au
Innovation & Business Skills Australia (IBSA)
Tel:                03 9815 7000                          Fax:                 03 9815 7001
Email:            reception@ibsa.org.au           Website:          www.ibsa.org.au
 
 
Schedule 2        Deed in relation to Cabling Provider Registrar Obligations
  
(section 13)
 
Deed
 
between
[Insert COMPANY NAME OF REGISTRAR]
ACN [ ]/ABN [ ]
 
[Insert NAME OF CONTROLLING ENTITIES]
 
and
 
COMMONWEALTH OF AUSTRALIA
Represented by the Chief Executive of the Australian Communications and Media Authority
ABN 55 386 169 386
 
in relation to
 
Cabling Provider Registrar Obligations
 
TABLE OF CLAUSES
 
1.             DEFINITIONS
2.             INTERPRETATION
3.             SCOPE OF DEED
4.             TERM
5.             ACCREDITATION PROCEDURES AND CRITERIA
6.             CONSEQUENCES OF ACCREDITATION
7.             FEES
8.             PERSONS WHO MUST NOT BE REGISTERED
9.             REPORTING TO THE ACMA
10.         NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY
11.         AUDIT
12.         REGISTRAR NOT SOLE REGISTRAR
13.         REGISTRAR COORDINATING COMMITTEE
14.         COMPLAINTS HANDLING
15.         ON-LINE ACCESS
16.         CONFIDENTIAL INFORMATION
17.         PERSONAL INFORMATION
18.         INTELLECTUAL PROPERTY
19.         ARCHIVES ACT
20.         COMPLIANCE WITH LAWS
21.         COMPLIANCE WITH STANDARDS AND VALIDATION OF REGISTRATIONS
22.         WARRANTIES
23.         INDEMNITY
24.         MORAL RIGHTS
25.         TERMINATION
26.         CONSEQUNCES OF TERMINATION
27.         DISPUTE RESOLUTION
28.         VARIATION OF DEED
29.         ASSIGNMENT
30.         WAIVER
31.         ENTIRE AGREEMENT
32.         SUBCONTRACTING
33.         APPLICABLE LAW AND JURISDICTION
34.         CONFLICT OF INTEREST
35.         SURVIVAL OF CLAUSES
36.         INSURANCE
37.         SEVERABILITY
38.         LIABILITY
39.         NOTICES
Date
 
This Deed is made on ________________________________
Parties
 
1.           The COMMONWEALTH OF AUSTRALIA represented by the Chief Executive of the Australian Communications and Media Authority, a body corporate established under the Australian Communications and Media Authority Act 2005 ABN 55 386 169 386 (‘the Commonwealth’).
            AND
2.           [insert name of entity (ACN: [insert])] a duly incorporated company having its registered office at [insert address] (‘the Registrar’)
            AND
            [insert full name of all controlling entities of the Registrar and insert ACN/ABN        for each entity] and [insert details of incorporation and registered address]        (‘the controlling entities’).
Recitals
A.            The Commonwealth, for the benefit of the ACMA, requires the provision of certain Registration Services by accredited registrars for the purposes of operating a registration system for the registration of cabling providers.
B.          Under Part 3 of the Telecommunications Cabling Provider Rules 2000, the ACMA must make arrangements for the operation of a system for the registration of cabling providers. The ACMA is not required to act as the registrar or to operate the registration system. The ACMA may engage one or more persons to operate the system or to act as registrars.
C.          The registration system may include, amongst other things, the registration by a Registrar of cabling providers that comply with certain competency requirements, requirements for the conduct of the Registrar, arrangements for the auditing of registration documents and arrangements for the protection of information given to the Registrar.
D.          The Registrar applied to the ACMA for accreditation as a registrar under the Accreditation Procedures for Cabling Provider Registrars, to enable it to provide Registration Services to cabling providers.
E.          The Commonwealth has agreed for the benefit of the ACMA, to appoint the Registrar as an accredited registrar to provide the Registration Services to cabling providers within the framework of this Deed.
Operative Provisions
1.             Definitions
     1.1       Unless otherwise provided, terms in this Deed shall have the same meanings as provided in the Telecommunications Cabling Provider Rules 2000.
     1.2       In this Deed, unless the contrary intention appears:
The ACMA means the Australian Communications and Media Authority established under the Australian Communications and Media Authority Act 2005;
Accreditation Criteria means the criteria for accreditation described in clause 5.1;
Annual Business Report means the report which the Registrar must provide to the ACMA under clause 9.3;
Annual Performance Report means the compilation of Performance Reports which the Registrar must provide to the ACMA under clause 9.2;
Authorised Auditor means any person or organisation (including an employee of that organisation) authorised in writing by the ACMA to audit the Registrar’s ongoing compliance with this Deed and its financial records in relation to the Registration Services;
Business Day means any day other than a Saturday, Sunday or public holiday (including public service holidays) for the whole of the Australian Capital Territory or whole of the State or Territory in which the Registrar’s registered office is located;
Business Hours means the hours between 9.00 am and 5.00 pm local time;
Commencement Date means the date on which all Parties have executed this Deed;
Conflict of interest means any matter, circumstance, interest or activity affecting the Registrar (including its personnel) which may or may appear to impair the ability of the Registrar to provide the Services to the Commonwealth, for the benefit of the ACMA, diligently and independently;.
Controlling Entities means [insert name of each controlling entity and insert ACN/ABN] and [insert details of incorporation and registered offices]
Database means the database used to record, store and maintain details of all cabling provider registrations used in providing the Registration Services;
Default Event means an event described in clause 25.1;
Information Privacy Principles means the principles referred to as such under the Privacy Act 1988;
Intellectual Property includes all copyright (including moral rights) and neighbouring rights, all rights in relation to inventions (including patent rights), registered and unregistered trade marks (including service marks), confidential information (including trade secrets and know how), databases, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
National Privacy Principles means the principles referred to as such under the Privacy Act 1988;
Parties mean the Commonwealth, represented by the Chief Executive of the ACMA, the Registrar and any Controlling Entities of the Registrar;
Performance Report means the report which the Registrar must provide to the ACMA under clause 9.1;
Personal Information       means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
Registrar means [insert name of entity] a duly incorporated company having its registered office at [insert address];
Registrar Coordinating Committee means the committee established by the ACMA and known by that name, or its replacement, being a committee consisting of the following representatives:
                        (a)        a representative of the ACMA, who will chair the committee; and
                        (b)        a representative of each accredited Registrar;
Registration Services mean:
                        (a)        registering applicants as cabling providers to perform the types of cabling work specified in the Rules upon receiving their            correctly completed registration forms;
                        (b)        issuing proof of registration to successful applicants;
                        (c)        providing communications and mailings to cabling providers of information relevant to their registration;
                        (d)        maintenance of the Database;
                        (e)        handling enquiries and complaints concerning paragraphs (a) to (d); and
                        (f)         any other matter within the scope of the Rules and agreed to by the Registrar Coordinating Committee which the ACMA notifies to the Registrar as a Registration Service;
Rules mean the Telecommunications Cabling Provider Rules 2000;
Service Levels means the following timeframes:
                        (a)        issuing new or amended cabling provider registrations within 7 Business Days following receipt of a correctly completed registration form;
                        (b)        responding to written and electronic communications (including inquiries and complaints) from cabling providers and the public within 7 Business Days of receipt;
                        (c)        responding to telephone enquiries from cabling providers and the public within 2 Business Days;
                        (d)        resolving complaints within 60 days after they are made; and
                        (e)        validating the information on 100% of the registration forms             submitted each financial year to the Registrar using an appropriate sampling system, by the end of the financial year;
Termination Notice means a notice under clause 25.2 or 25.3 which has the effect of terminating this Deed.
2.             Interpretation
     2.1       In this Deed, unless the contrary intention appears:
               (a)    monetary references are references to Australian currency;
               (b)    the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
               (c)    a reference to a clause, paragraph or subparagraph is a reference to a clause, paragraph or subparagraph of this Deed;
               (d)    a reference to a person includes a partnership and a body whether corporate or otherwise;
               (e)    a reference to a body, a position or an authority whether statutory or not:
                          (i)    which ceases to exist; or
                         (ii)    whose powers or functions are transferred to another body, position or authority;
is a reference to the body, position or authority which replaces it or which substantially succeeds to its powers or functions;
                (f)                a reference to a financial year is to a financial year ending on 30 June;
               (g)    where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
               (h)    words in the singular number include the plural and vice versa;
                 (i)    words importing a gender include any other gender;
                 (j)    a reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth as amended or replaced from time to time;
                (k)    a reference to writing, or written, refers to any representation of words, figures or symbols capable of being rendered in a visible form; and
                 (l)    no provision of this Deed will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of this Deed or that provision.
3.             Scope of Deed
     3.1       This Deed sets out the terms and conditions under which the Registrar has obtained and may maintain accreditation as a Registrar.
4.             Term
     4.1       This Deed commences on the Commencement Date and, subject to this Deed, continues until terminated in accordance with clauses 5 or 25.
5.             Accreditation Procedures and Criteria
     5.1       The Registrar acknowledges that it has been invited to enter into this Deed in accordance with the accreditation procedures published by the ACMA under subsection 3.1(5) of the Rules, which include the following criteria (the Accreditation Criteria):
               (a)    capability to provide Registration Services, including a suitably qualified and experienced staff to deliver the Registration Services;
               (b)    financial viability, to ensure the ongoing provision of Registration Services;
               (c)    demonstrated commitment to developing the cabling provider industry; and
               (d)    willingness and ability to comply with this Deed.
     5.2       In order to maintain its accreditation, the Registrar must:
               (a)    continue to satisfy the Accreditation Criteria;
               (b)    comply with this Deed;
               (c)    comply with the arrangements for the operation of the system for the registration of cabling providers under the Rules;
               (d)    comply with reasonable directions given by the ACMA relating to the Accreditation Criteria or this Deed; and
               (e)    provide the Registration Services:
                          (i)    nationally, such that cabling providers throughout Australia are able to readily access the Registration Services provided by the Registrar, which at a minimum means that the Registrar must have representatives who can be contacted in each State and Territory;
                         (ii)    at a minimum, during Business Hours on each Business Day;
                         (iii)    by direct personal contact, mail, telephone, facsimile, email, internet and other electronic communications (as appropriate); and
                        (iv)    in accordance with the Service Levels.
     5.3       The Registrar must on request promptly provide the ACMA with any information it reasonably requires concerning the Registrar’s performance of its obligations under this Deed.
     5.4       The ACMA may revoke the Registrar’s accreditation if:
               (a)    the Registrar commits a material breach of the requirements of this clause 5;
               (b)    the ACMA has given the Registrar written notice specifying that breach; and
               (c)    the Registrar fails to remedy that breach to the ACMA’s reasonable satisfaction within 14 days of receipt of that notice, or such longer period as may be specified in the notice.
     5.5       If the ACMA revokes the Registrar’s accreditation, then this Deed is terminated from the date of revocation.
     5.6       If this Deed is terminated under clause 5.5 or clause 25 then the Registrar will cease to hold any accreditation from the date of termination of this Deed.
     5.7       If:
               (a)    the Registrar’s circumstances change and the Registrar considers that this may affect its ability to maintain its accreditation; or
               (b)    the Registrar wants to significantly change some aspect of the manner of its operations regarding the Registration Services;
the Registrar must notify the ACMA about the change and the ACMA must make a decision in good faith about whether or not it remains appropriate for the Registrar to remain accredited.
     5.8       If, under clause 5.7, the ACMA decides it is not appropriate for the Registrar to remain accredited:
               (a)    the ACMA must immediately request the Registrar to provide the ACMA with adequate reasons as to why its accreditation should not be revoked; and
               (b)    if in the ACMA’s reasonable opinion the Registrar’s response is unsatisfactory the ACMA must immediately notify the Registrar in writing that its accreditation is revoked to take effect from the date nominated in the notice.
6.             Consequences of Accreditation
     6.1       Obtaining accreditation by the ACMA entitles the Registrar to:
               (a)    represent to third parties that it has been accredited by the ACMA to provide Registration Services;
               (b)    use the words “accredited by the Australian Communications and Media Authority” after the name of the Registrar on cabling provider registration cards; and
               (c)    provide Registration Services to cabling providers.
 
6.2       The Registrar must not otherwise use the ACMA name.  
7.             Fees
     7.1       The Registrar must only charge cabling providers for the provision of Registration Services on a cost recovery basis.
     7.2       Charges on a cost recovery basis must be reasonably related to the expenses incurred or to be incurred by the Registrar in relation to the matters to which the charge relates.
8.             Persons who must not be Registered
     8.1       The Registrar must not register a person as a cabling provider who does not meet the conditions of registration made under the Rules or whose registration has been suspended or revoked in the circumstances determined under the Rules.
     8.2       The Registrar must not register a person as a cabling provider who has not correctly completed a registration form approved by the Registrar.
     8.3       If the ACMA directs the Registrar to suspend or revoke or to subsequently cease suspension of or renew the registration of a cabling provider, the Registrar must do so immediately.
9.             Reporting to the ACMA
     9.1       The Registrar must, within 15 Business Days of the end of each calendar quarter, provide an accurate Performance Report to the ACMA which must include the following information:
               (a)    the performance of the Registrar against the Service Levels;
               (b)    the number of registrations of cabling providers by the following categories:
                          (i)    new or renewal; and
                         (ii)    type of registration (that is, open, restricted, lift or other cabling work);
               (c)    a reasonable estimate using an appropriate sampling system of:
                          (i)    the method of application (that is, in person, mail, facsimile, email, internet or other electronic communication); and
                         (ii)    industry sector (that is, telecommunications, lifts, security, fire, computing or other industry sector);
               (d)    data concerning complaints, including:
                          (i)    the number of complaints received by the Registrar;
                         (ii)    source and nature of complaint;
                         (iii)    response time;
                        (iv)    if applicable, action taken to remedy the matter complained of;
                         (v)    if applicable, the complainant’s response to subparagraph (iv);
                        (vi)    service satisfaction reports, being the reports based on surveys developed to measure customer satisfaction with the Registrar’s services; and
                        (vii)    any other matter which the Registrar reasonably considers it important to bring to the ACMA’s attention.
     9.2       The Registrar must, by 31 October of each year, complete an Annual Performance Report which must include the following:
               (a)    Performance Reports provided under clause 9.1 compiled for the financial year; and
               (b)    statistical analysis of the nature of complaints and other data concerning complaints received during the financial year.
     9.3       The Registrar must, by 31 October of each year, complete an Annual Business Report which must include audited financial statements and reports of the Registrar for the financial year complying with relevant accounting standards.
     9.4       The Registrar must, by 31 October of each year:
               (a)    provide copies of the Annual Performance Report to the ACMA; and
               (b)    provide copies of the Annual Business Report to the ACMA.
     9.5       The ACMA may provide copies of:
               (a)    the quarterly Performance Reports and Annual Performance Report to the Registrar Coordinating Committee; and
               (b)    the Annual Performance Report to members of the public.
10.           Negation of Employment, Partnership and Agency
   10.1       The Registrar is not by virtue of this Deed an officer, employee, partner or agent of the Commonwealth or the ACMA, nor does the Registrar have any power or authority to bind or represent the Commonwealth or the ACMA.
   10.2       The Registrar agrees not to represent itself, and to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer, employee, partner or agent of the Commonwealth or the ACMA, or as otherwise able to bind or represent the Commonwealth or the ACMA.
11.           Audit
   11.1       The ACMA may:
               (a)    no more than once per year; or
               (b)    if it has received a serious complaint in writing and after consultation with the Registrar;
require an audit, to be conducted by the Authorised Auditors, of the Registrar’s:
               (c)    compliance with this Deed;
               (d)    method and data used to work out the cost recovery basis for the provision of the Registration Services; and
               (e)    financial records in relation to the Registration Services;
   11.2       The Registrar must:
               (a)    allow the Authorised Auditors reasonable access on reasonable notice during Business Hours on any Business Day to the Registrar’s personnel, premises, equipment, systems, records and documentation for the purposes of auditing the Registrar; and
               (b)    cooperate fully with the Authorised Auditors and respond promptly to, and comply with, any reasonable request from them.
   11.3       Within 10 Business Days after the Registrar receives a written report of any audit findings from the ACMA, the Registrar must respond to and address any issues reasonably identified by the ACMA that require a response from the Registrar.
   11.4       If, as a result of a report under this clause 11, the ACMA takes the view that compliance with this Deed requires the Registrar to take certain actions, the ACMA may direct the Registrar to take those actions to so comply and the Registrar must take those actions within 10 Business Days of the direction.
   11.5       The costs of all actions required under this clause 11 to be taken by the Registrar to remedy the problems identified by an Authorised Auditor are to be borne by the Registrar.
12.           Registrar not sole Registrar
   12.1       This Deed does not mean that:
               (a)    the Registrar has the right to be a sole supplier of Registration Services to cabling providers; or
               (b)    any cabling provider will use the Registrar’s Registration Services.
   12.2       The ACMA will advise each representative on the Registrar Coordinating Committee when a new application is received by the ACMA from a person who wishes to be appointed as an accredited Registrar in accordance with the provisions of this Deed.
13.           Registrar Coordinating Committee
   13.1       The Registrar agrees that its Chief Executive Officer or person of equivalent authority or his or her authorised representative will participate in and support the Registrar Coordinating Committee and do all things reasonably necessary or convenient to assist the Committee to achieve its objectives.
   13.2       The Registrar agrees to comply with any:
               (a)    codes of practice;
               (b)    auditing requirements; and
               (c)    performance targets;
developed and agreed to by the Registrar Coordinating Committee.
   13.3       The Registrar acknowledges that the Registrar Coordinating Committee may provide dispute resolution and conciliation and mediation services, and Committee members may assist the Registrar in complaints handling processes under clause 14.
14.           Complaints Handling
   14.1       The Registrar must ensure that while this Deed remains in force, processes are in place under which:
               (a)    a person can make an inquiry or complaint about the operation or management of the Registration Services by the Registrar in relation to themselves; and
               (b)    an inquiry or complaint under paragraph (a) will be:
                          (i)    acknowledged as being received within 7 Business Days of receipt;
                         (ii)    properly considered and resolved by the Registrar within 40 Business Days after it was made; and
                         (iii)    if not resolved, referred to the Registrar Coordinating Committee or the ACMA for resolution.
   14.2       The processes under clause 14.1 must:
               (a)    be clear, transparent and accountable;
               (b)    not affect the rights of a complainant to enter into legal proceedings; and
               (c)    include a requirement to keep a central record of all written and verbal complaints received.
   14.3       A review of any complaint made under clause 14.1 must be conducted by a member of the Registrar’s staff who:
               (a)    was not involved in the matter complained of; and
               (b)    is suitably qualified to deal with the matters raised by the complainant.
   14.4       In respect of complaints alleging an interference with the privacy of an individual in respect of any services performed under this Deed, the Registrar must comply with clause 17.7.
   14.5       The costs of all actions required under this clause 14 to be taken by the Registrar to resolve the complaint are to be borne by the Registrar.
15.           On‑line Access
   15.1       The Registrar must provide the ACMA with secure on‑line access to the entire Database, including access to tools for searching, filtering and sorting records.
   15.2       The Registrar must provide limited public access to the Database on‑line by electronic means. Such access must include the following details about registered cabling providers:
               (a)    name; and
               (b)    registration type; and
               (c)    registration number;
and may include, with the consent of the cabling provider:
               (d)    contact details (such as current home and work street and postal addresses, telephone numbers, email addresses and internet website addresses).
   15.3       The Registrar may only provide facilities for making applications by cabling providers for registration on‑line by electronic communications if public key technology is used to guarantee the security and integrity of such applications.
16.           Confidential Information
   16.1       The Registrar must not, without the prior written approval of the ACMA, disclose to any person other than the ACMA, any information marked confidential or expressed as being given in confidence to the Registrar by the ACMA. In giving written approval the ACMA may impose such terms and conditions as it thinks fit.
17.           Personal Information
   17.1       The Registrar:
               (a)    agrees to abide by the Privacy Act 1988, including the Information Privacy Principles, as if it were an agency of the Commonwealth and the National Privacy Principles; and
               (b)    must, in the course of providing Registration Services to cabling providers, comply with the obligations set out in this clause 17 in light of its obligation under paragraph (a).
   17.2       The Registrar must ensure that any of its employees or any subcontractor who requires access to any Personal Information held in connection with this Deed:
               (a)    is informed that they must not access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations or when acting pursuant to any requirements of or directions given by the ACMA; and
               (b)    is informed that failure to comply with this requirement:
                          (i)    may be a criminal offence; and
                         (ii)    may also lead the Registrar to take disciplinary action against the employee or legal action against the subcontractor, as the case may be;
before they get access to that Personal Information.
   17.3       The Registrar must, in respect of any Personal Information held in connection with this Deed (including the provision of Registration Services), immediately notify the ACMA where the Registrar becomes aware of a breach of clause 17.1 or 17.2.
   17.4       The Registrar must in respect of any Personal Information held in connection with this Deed cooperate with any reasonable requests or directions of the ACMA arising directly from or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 or otherwise, including but not limited to the issuing of any guidelines concerning the handling of Personal Information.
   17.5       The Registrar acknowledges that:
               (a)    any unauthorised access or modification or impairment to access, or use, of Personal Information stored in any computer, in the course of performing this Deed, may constitute an offence under Part 10.7 of the Criminal Code Act 1995; and
               (b)    the publication or communication of any fact or document by a person which has come into their knowledge or into their possession or custody by virtue of the performance of this Deed, other than to a person to whom the Registrar is authorised to publish or disclose the fact or document, may be an offence under section 70 of the Crimes Act 1914, the maximum penalty for which is 2 years imprisonment.
   17.6       The Registrar indemnifies the ACMA in respect of any direct or indirect liability, loss or expense which is incurred and which arises out of or in connection with a breach of the obligations of the Registrar or its employees or any subcontractor under clauses 17.1 to 17.5 except to the extent that the liability, loss or expense was caused by an act or omission of the ACMA.
   17.7       A complaint alleging an interference with the privacy of an individual in respect of any services performed under this Deed must be handled by the Registrar in accordance with the following procedures:
               (a)    where the Registrar receives a complaint alleging an interference with the privacy of an individual by the Registrar or its employees or any subcontractor, it shall immediately notify the ACMA of the nature of the complaint;
               (b)    after the ACMA has been given notice in accordance with paragraph (a), the Registrar must keep the ACMA informed of all progress with the complaint; and
               (c)    at the ACMA’s request, the Registrar must transfer the handling of the complaint to the ACMA.
18.           Intellectual Property
   18.1       The Registrar acknowledges and agrees that title and ownership of all Intellectual Property in the Database vests or will vest in the Commonwealth upon its creation by the Registrar, and the Registrar assigns to the Commonwealth all (including any future) Intellectual Property in the Database. 
   18.2       Subject to clause 18, the Commonwealth grants the Registrar a non‑exclusive, non‑transferable, royalty‑free, world‑wide licence during the term of this Deed to use the Database for the sole purpose of providing the Registration Services in accordance with this Deed.
   18.3       If this Deed is terminated, the Registrar agrees to return the Database and all derivatives and copies of it to the Commonwealth.
   18.4       The Registrar agrees to provide the ACMA with a complete and current copy of the Database in Microsoft Access format along with each quarterly report provided to the ACMA under clause 9.1.
 
18.5     The Registrar must do all things necessary (including, where requested in writing by the Commonwealth, the entering into a Deed of Assignment of Intellectual Property with the Commonwealth) to confirm that title to and ownership of those Intellectual Property rights passes to the Commonwealth on the date the Intellectual Property rights were created.
 
18.6     The Registrar must not at any time do anything or cause anything to be done that would prejudice the right, title and interest of the Commonwealth in any of the Intellectual Property rights of the Commonwealth that are used by the ACMA.
19            Archives Act
   19.1       The Registrar agrees to comply with Part V and related provisions of the Archives Act 1983 as if it were a Commonwealth agency in respect of all records held by the Registrar in relation to the Registration Services.
   19.2       The Registrar agrees to comply with any direction of the ACMA for the purpose of transferring Commonwealth records to the National Archives of Australia or providing the National Archives of Australia with full and free access to those records.
   19.3       This clause 19 will continue to have effect after the termination of this Deed.
20.           Compliance with Laws
   20.1       The Registrar must in carrying out its obligations in connection with this Deed comply with the provisions of any relevant statutes, regulations, by‑laws and requirements of any Commonwealth, State, Territory or local authority, including:
a.      the Crimes Act 1914;
b.      Criminal Code Act 1995;
c.      Racial Discrimination Act 1975;
d.      Sex Discrimination Act 1984;
e.      Disability Discrimination Act 1992;
f.        Electronic Transactions Act 1999; and
any other applicable legislation dealing with electronic transactions.
21.           Compliance with Standards and Validation of Registrations
   21.1       In carrying out its obligations under this Deed the Registrar must comply with the Australian Standard on Records Management AS4390 (including requirements to keep registration records safe, secure and filed in a logical order) and any other applicable Australian Standards notified to the Registrar by the ACMA.
   21.2       The provision of the Registration Services must substantially comply with world’s best practice in the provision of comparable services.
   21.3       The Registrar must validate the information on 100% of all registration forms submitted each financial year to the Registrar. If the information is incorrect or if the Registrar believes that there is a discrepancy in the information, the Registrar must immediately notify the ACMA of this and the details of the cabling provider to which the registration form relates.
22.           Warranties
   22.1       The Registrar warrants that:
               (a)    use by the Commonwealth or the ACMA (including its officers, employees, agents and subcontractors) of any material created and then provided by the Registrar to the ACMA under this Deed will not infringe the Intellectual Property rights or Moral Rights of any person; and
               (b)    the Registrar will perform its responsibilities under this Deed in a manner that does not infringe the Intellectual Property rights or Moral Rights of the Commonwealth or any third party.
   22.2       The Registrar warrants and represents to the ACMA that:
               (a)    the Registrar’s execution, delivery and performance of this Deed will not constitute:
                          (i)    a violation of any judgment, order or decree;
                         (ii)    a default under any contract by which it or any of its assets are bound; or
                         (iii)    an event that would, with notice or lapse of time, or both, constitute such a default;
               (b)    the Registrar is duly constituted or registered as a corporation under the Corporations Act 2001;
               (c)    the constituting documents of the Registrar empower the Registrar to enter into this Deed and to do all things which it can reasonably contemplate will be required by this Deed;
               (d)    all necessary corporate approvals have been obtained by the Registrar to render this Deed binding on, and legally enforceable against, the Registrar in accordance with its terms;
               (e)    it will immediately notify the ACMA of the occurrence of, or the pending or threatened occurrence of, an event of which it is aware that may cause or constitute a breach of any of the representations, warranties or covenants contained or made in connection with this Deed, including without limitation, any event that may result in a material adverse change in the business of the Registrar or may affect the financial viability of the Registrar’s business;
                (f)    it has disclosed to the ACMA prior to the execution of this Deed details of any litigation or proceeding whatsoever, actual or threatened, against the Registrar that may have an adverse effect on the ability of the Registrar to provide the Registration Services and these disclosures are true and correct as at execution; and
               (g)    any additional issues of the kind described in paragraph (f) that arise from time to time subsequent to the execution of this Deed will be disclosed by the Registrar to the ACMA at all relevant times throughout the term of this Deed.
23.           Indemnity
   23.1       The Registrar indemnifies at all times and holds harmless the Commonwealth and the ACMA (including its employees, agents or subcontractors) from and against any loss or liability that may be or is incurred by the Commonwealth and the ACMA as a result of a claim made or threatened by a third party where that loss or liability was caused by:
               (a)    a breach of this Deed;
               (b)    a wilful, unlawful or negligent act or omission, in connection with this Deed by the Registrar, its employees, agents or subcontractors; or
               (c)    an item provided by the Registrar to cabling providers infringing the Intellectual Property rights of a third party.
   23.2       Where the Commonwealth or the ACMA wishes to rely on this indemnity it must give the Registrar written notice as soon as practicable after suffering the loss or liability.
   23.3       The ACMA indemnifies the Registrar from and against any loss or liability that may be or is incurred by the Registrar as a result of a direction given by the ACMA to the Registrar under clause 8.3.
   23.4       Each indemnity in this Deed is a continuing indemnity, separate and independent from the other obligations of the Parties, and survives termination and repudiation of this Deed.
24.      Moral Rights
24.1     If the Registrar its officers, employees, agents or subcontractors, either jointly or individually, are authors of works made or to be made in the course of performing this Deed, which entitles them individually or jointly to certain Moral Rights under Part IX of the Copyright Act 1968, then the Registrar either individually or jointly is deemed to have given its consent in writing by this Deed to acts or omissions of the Commonwealth and the ACMA which would otherwise infringe a Moral Right of each of them individually or jointly.  The Registrar warrants and acknowledges that it is its sole responsibility to obtain all written consents if required under Part IX of the Copyright Act 1968, and relieves the Commonwealth and ACMA of any liability, financial or otherwise.
 
24.2     For the purposes of this clause 24, “attributable acts” or “specified acts” of infringement in relation to Moral Rights under Part IX of the Copyright Act 1968 means the following classes or types of acts or omissions by or on behalf of the Commonwealth and the ACMA:
(a)                those which would, but for this clause 24, infringe the author’s right of attribution of authorship;
(b)                those which would, but for this clause 24, infringe the author’s right of integrity of authorship;
 
but does not include those which would infringe the author’s Moral Right against false attribution.
 
24.3     The Registrar indemnifies the Commonwealth and the ACMA from and against any legal liability, claim, loss or damage (including legal costs) arising directly or indirectly through any claim of infringement of any Moral Rights by the Registrar, its officers, employees, agents, approved subcontractors and/or authorised personnel on account of the provision and performance of the Registration Services under this Deed.
25.           Termination
   25.1       Each of the following is a Default Event:
               (a)    the Registrar commits a breach of this Deed which is capable of being remedied but the breach continues for more than 14 days after the Registrar is given a notice by the ACMA requiring the breach to be remedied;
               (b)    the Registrar commits a breach of this Deed which cannot be remedied, which breach is, in the reasonable opinion of the ACMA, a serious breach of this Deed;
               (c)    a controller or a managing controller is appointed in respect of the whole or any part of the assets or undertakings of the Registrar;
               (d)    a summons or other process seeking orders which, if granted, would render the Registrar an externally‑administered body corporate or insolvent under administration, is filed and is not withdrawn within 14 days;
               (e)    a conflict of interest arises in the performance of the Registrar’s obligations under this Deed which, in the reasonable opinion of the ACMA, significantly affects the interests of the ACMA.
   25.2       Without limiting clauses 5.4, 5.5 and 5.6 and without prejudice to any other right or remedy that the ACMA has, if any Default Event occurs the ACMA may terminate this Deed by giving 30 days’ written notice to the Registrar.
   25.3       After a period of 6 months from the Commencement Date, a Party may terminate this Deed at any time by giving 3 months’ written notice to each of the other Parties.
26.           Consequences of Termination
   26.1       If the Registrar:
               (a)    receives a Termination Notice under clause 25.2 or 25.3; or
               (b)    issues a Termination Notice under clause 25.3;
then, from the date it receives or issues the Notice, the Registrar must:
               (c)    not accept any further applications for registration from cabling providers;
               (d)    continue to provide the other Registration Services in accordance with this Deed until transfer under paragraph (e);
               (e)    co‑operate with the ACMA and any relevant third parties to achieve a seamless transfer of cabling provider registrations, the Database and the Registration Services to another accredited registrar of Registration Services;
                (f)    apart from the version of the Database transferred under paragraph (e) and unless the ACMA otherwise directs, return all copies of the Database (including derivatives of it) to the ACMA.
   26.2       The ACMA may give written directions to the Registrar that are within the scope of the Rules and reasonably relate to paragraphs 26(1) (c) to (f) on any matter arising out of the termination of this Deed and the Registrar must comply with those directions.
   26.3       If this Deed is terminated, the accrued rights of the Parties remain unaffected except to the extent that the Parties expressly agree otherwise.
27.           Dispute Resolution
   27.1       Subject to clause 27.4, before resorting to external dispute resolution mechanisms, the Parties shall attempt to settle by negotiation any dispute in relation to this Deed including by referring the matter to personnel who may have authority to intervene and direct some form of resolution.
   27.2       If a dispute is not settled by the Parties within 15 Business Days of a Party first sending to the other Party written notice that they are in dispute, the dispute may be the subject of court proceedings or may be submitted to some alternative dispute resolution mechanism as may be agreed in writing between the Parties.
   27.3       Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations under this Deed.
   27.4       A Party may commence court proceedings relating to any dispute arising from this Deed at any time where that Party seeks urgent interlocutory relief.
28.           Variation of Deed
   28.1       This Deed shall not be varied except by agreement in writing signed by the  Parties to this Deed.
29.           Assignment
   29.1       A Party may not assign in whole or in part this Deed without the prior written consent of the other Parties.
30.           Waiver
   30.1       The failure of a Party to enforce any of its rights under this Deed shall in no way be interpreted as a waiver of its rights under this Deed.
31.           Entire Agreement
   31.1       This Deed constitutes the entire agreement between the Parties and supersedes all prior representations, statements, understandings, or agreements relating to the subject matter, whether verbal or in writing, of this Deed.
32.           Subcontracting
   32.1       The Registrar may not subcontract any part of the provision of the Registration Services apart from:
               (a)    providing communications and mailings to cabling providers of information relevant to their registration; and
               (b)    maintenance of the Database;
without the written approval of the ACMA.
   32.2       If the ACMA consents to work being performed by a subcontractor the Registrar:
               (a)    is in no way relieved from performing its obligations under this Deed;
               (b)    must ensure that the subcontractor is aware of the provisions of this Deed relevant to the work to be performed by the subcontractor; and
               (c)    must include a right of termination of the kind in clause 25.
   32.3       The ACMA has the power to reasonably request withdrawal and replacement of any subcontractor.
33.           Applicable Law and jurisdiction
33.1      This Deed shall be subject to and construed in accordance with the laws in force in the Australian Capital Territory.
33.2        The parties to this Deed submit to the jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.
34.           Conflict of Interest
   34.1       The Registrar warrants that, to the best of its knowledge and after making diligent inquiries, at the date of execution of this Deed no conflict of interest exists or is likely to arise in the performance of its obligations under this Deed.
   34.2       The Registrar must promptly notify the ACMA if a conflict of interest arises, or appears likely to arise, during the course of this Deed, and must take any action directed by the ACMA to avoid or minimise such conflict.
35.           Survival of Clauses
35.1         If this Deed is terminated for any reason, those clauses that are necessary for the Parties to effectively exercise their rights, and discharge their obligations and responsibilities to each other so as to comply with clauses 11, 16, 17, 19, 22, 23, 26, 30, 33 36 and 38 (and any other provision which expressly or by implication from its nature is intended to continue) will survive the termination of this Deed.
36.           Insurance
   36.1       The Registrar must, for so long as any obligations remain in connection with this Deed, effect and maintain the following insurance with an insurance company approved by the ACMA:
               (a)    a broad form public liability policy to the value of at least $20 million in respect of each claim;
               (b)    professional indemnity insurance to the value of at least $10 million in respect of each claim; and
               (c)    worker’s compensation insurance in accordance with applicable legislation.
   36.2       On request, the Registrar must produce to the ACMA a certificate evidencing that the Registrar has effected and renewed a particular insurance policy, such as a certificate of currency.
37.           Severability
   37.1       Each provision of this Deed and each part of this Deed shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or part.
   37.2       If any provision or part thereof is void or otherwise unenforceable for any reason then that provision shall be read and construed as if the severed provision or part had never existed.
38.           Liability
38.1         While the primary relationship under this Deed is between the Commonwealth as represented by the Chief Executive of the ACMA and the Registrar, it is acknowledged that the Registrar is controlled by the Controlling Entities that are Parties to this Deed, and the Controlling Entities agree that, despite any statement to the contrary in this Deed, they will each be jointly and severally liable with the Registrar for any breach of this Deed by the Registrar (including any breach of paragraphs 26.1(c) to (f) after the receipt or issue of a Termination Notice). 
38.2         Without limiting clause 38.1, the Controlling Entities’ joint and several liability includes:
          (a) all costs associated with transferring the Database to another accredited registrar if this is necessary as a result of a breach of this Deed by the Registrar; and
          (b)   losses, damages and expenses of the Commonwealth and the ACMA resulting from a breach of this Deed by the Registrar.
39.           Notices
   39.1       Any notice, advice, undertaking or agreement given under this Deed must be in writing.
   39.2       The address for service of notice of each Party is as follows (unless otherwise advised by the relevant Party):
Address of the ACMA:
The Australian Communications and Media Authority
Level 44, 360 Elizabeth Street
Melbourne Victoria 3000
Address of Registrar:
[insert address]
   39.3       A notice under this Deed is deemed to have been given:
               (a)    if it is delivered by hand or registered post – on the date upon which it is delivered and a receipt obtained;
               (b)    if it is delivered by ordinary post – 4 days after it is posted if not returned undelivered;
               (c)    if transmitted by facsimile transmission – when the sender receives confirmation of a successful transmission; and
               (d)    if transmitted by email – when the sender receives confirmation that the email has been opened.
   39.4       If delivery of a notice occurs on a day on which business is not normally conducted in the place of receipt, or it is received later than 4.00 pm local time, it will be deemed to be given on the next Business Day.
EXECUTED AS A DEED
 
 
SIGNED SEALED AND DELIVERED
for and on behalf of
[insert name and ACN/ABN details]
by authority of the Directors:
 
 
 
 
 
 
 
 

 
 
(Print name of Director)
 
 
(Print name of Director/Secretary)


 
 
 
(Signature of Director)
 
 
(Signature of Director/Secretary)
 
 
 
SIGNED SEALED AND DELIVERED                     )
for and on behalf of the                                           )
COMMONWEALTH OF AUSTRALIA by              )
                                                                                )
[Insert name details]                                             )   .....................................          
[Insert position details]                                        )   Signature
Australian Communications and Media Authority   )
ABN 55 386 169 386                                               )
in the presence of:                                                  )
                                                                                )
.................................................................               )   ...................................
(Print witness name)                                                  Signature of witness
Schedule 3        Cabling Registration Declaration Open/Restricted/Lift
(paragraph 14 (2) (a))
  
I, [name]...........................................................................................................................
make the following declaration under subsection 14 (2) of the Arrangements for Operation of the Registration System (No. 3) made under the Telecommunications Cabling Provider Rules 2000 (CPRs).
Declaration
I have read the explanatory guide to the CPRs and understand my rights and responsibilities under the CPRs. I am also aware of the penalties for providing false or misleading information under this declaration. I declare that the information provided by me in this application is true and correct in every detail and I understand that the information provided may be subject to audit. I also confirm that the enclosed supporting documents are true copies of the issued originals.
Declaration of six months relevant cabling experience
(For applicants whose training pathway requires 6 months cabling experience)
[delete if inapplicable]
 
I declare that I have attained 6 months relevant cabling experience. Relevant cabling experience is installing telecommunications, electrical, data, security alarm, fire alarm, or lift cables. Note: design or supervision of cabling work or cabling work using pre‑terminated cabling, such as extension leads and patching is not accepted as relevant cabling experience.
Signed:  .............................................................................................
 
                                                                                                                                   
Note
1.         All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.