Telecommunications (A-Tick Mark) Determination 2000

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under section 417 of the Telecommunications Act 1997.

Dated 3 February 2000.

A J SHAW
Chair

 

D ROUND
Deputy Chair

Australian Communications Authority

Telecommunications (A-Tick Mark) Determination 2000

made under the

Telecommunications Act 1997

 

 

 

Contents

 Page

Part 1 Preliminary

 1 Name of Determination 

 2 Commencement 

 3 Definitions 

Part 2 Use and application of the A‑Tick Mark

 4 Purposes for using or applying the A-Tick Mark (Act, s 417) 

Part 3 Design of the A-Tick Mark

 5 Design 

Schedule 1 Purposes for using or applying the A-Tick Mark             

Schedule 2 Design of the A-Tick Mark 

 

Part 1 Preliminary

:

1 Name of Determination

  This Determination is the Telecommunications (A-Tick Mark) Determination 2000.

2 Commencement

  This Determination commences on gazettal.

3 Definitions

  In this Determination:

Act means the Telecommunications Act 1997.

applicable standard, for an item, means a technical standard made by the ACA under section 376 of the Act.

A-Tick Mark means the protected symbol set out in Schedule 2.

item means an item of customer equipment or customer cabling.

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

Part 2 Use and application of the A‑Tick Mark

:

4 Purposes for using or applying the A-Tick Mark (Act, s 417)

  For the purposes of subsection 417 (7) of the Act, the kinds of purposes for which a person may use or apply the A-Tick Mark are set out in Schedule 1.

Note   Subsection 417 (1) of the Act provides that a person must not use or apply a protected symbol, which is defined in subs 417 (8).

However, subs 417 (7) of the Act provides that s 417 does not apply to a person who uses or applies a protected symbol for a purpose of a kind specified in a written determination made by the ACA. 

Part 3 Design of the A-Tick Mark

:

5 Design

  The design of the A-Tick Mark is set out in Schedule 2.

Note   Paragraph 417 (8) (b) of the Act provides that a protected symbol is a symbol:

(a) the design of which is set out in a written determination made by the ACA; and

(b) a purpose of which, after the commencement of s 417, is to indicate compliance by customer equipment or customer cabling with applicable s 376 standards.

Schedule 1 Purposes for using or applying the A-Tick Mark

(section 4)

:

 

Item

Purpose

1

showing that an item complies with an applicable standard in circumstances other than the use or application of a protected symbol for the purposes of labelling customer equipment or customer cabling mentioned in subsection 417 (6) of the Act

2

showing that a person provides services to assist others to comply with applicable standards relating to items

3

use in relation to information or comment about standards

4

showing that a body:

(a) is an accreditation body; and

(b) may determine that specified persons are recognised testing authorities or competent bodies

5

showing that a body:

(a) is a recognised testing authority; and

(b) may test devices for compliance with applicable standards

6

showing that a body:

(a) is a competent body; and

(b) may provide services in relation to A-Tick Mark labelling requirements; and

(c) may provide services in relation to showing compliance with applicable standards

7

supplying copies of the A-Tick Mark to persons entitled to use or apply the mark

8

showing that a body:

(a) supplies copies of the A-Tick Mark to persons entitled to use or apply the mark; and

(b) supplies copies of standards

9

showing that a wholesaler or retailer trades in items that meet applicable standards

10

publicity about compliance with applicable standards

Examples

1   Under item 1, manufacturers and importers of devices (and authorised agents) can use the A-tick Mark on advertisements, packaging, displays, warranty forms and instruction leaflets relating to their products, to show that the products comply with applicable standards.

2   Under item 2, consultants can use the A-Tick Mark in advertisements, and on stationery and business cards, to show that they offer services to help manufacturers and importers of electrical, electronic and radiocommunications equipment (and authorised agents) to comply with applicable standards.

Schedule 2 Design of the A-Tick Mark

(section 5)

: