TELECOMMUNICATIONS ACT 1997 - SECT 115 Industry codes and industry standards not to deal with certain design features and performance requirements

TELECOMMUNICATIONS ACT 1997 - SECT 115

  (1)   For the purposes of this Part, an industry code or an industry standard has no effect:

  (a)   to the extent (if any) to which compliance with the code or standard is likely to have the effect (whether direct or indirect) of requiring customer equipment, customer cabling, a telecommunications network or a facility:

  (i)   to have particular design features; or

  (ii)   to meet particular performance requirements; or

  (b)   to the extent (if any) to which it deals with the content of content services.

  (2)   The rule in subsection   (1) does not apply to an industry code or an industry standard to the extent (if any) to which compliance with the code or standard is likely:

  (a)   to have the indirect effect of requiring customer equipment, customer cabling, a telecommunications network or a facility to have particular design features that relate to:

  (i)   the accuracy of billing of customers of carriage service providers in relation to the supply of standard telephone services; or

  (ii)   the quality of standard telephone services; or

  (iii)   a matter specified in the regulations; or

  (b)   to have the direct or indirect effect of requiring customer equipment, customer cabling, a telecommunications network or a facility to meet performance requirements that relate to:

  (i)   the accuracy of billing of customers of carriage service providers in relation to the supply of standard telephone services; or

  (ii)   the quality of standard telephone services; or

  (iii)   a matter specified in the regulations.

  (3)   The rule in subsection   (1) does not apply to an industry code or an industry standard to the extent (if any) to which the code or standard deals with a matter referred to in paragraph   113(3)(f) or (t).

  (4)   The rule in subsection   (1) does not apply to an industry code made for the purposes of Division   2AA of Part   V of the Copyright Act 1968 .

  (5)   The rule in subsection   (1) does not apply to an industry code or an industry standard to the extent (if any) to which compliance with the code or standard is likely to have the effect (whether direct or indirect) of requiring:

  (a)   optical fibre lines; or

  (b)   facilities used, or for use, in or in connection with optical fibre lines;

to:

  (c)   have particular design features; or

  (d)   meet particular performance requirements.