On 5th July, Michelle Rowland signed two new instruments for Carriers and Eligible Carriage Service Providers following earlier consultation requiring a register of critical infrastructure assets to be completed with the department of home affairs, amongst other obligations. These obligations apply to any provider of an internet or phone service.

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts, in conjunction with Home Affairs, has run some briefings over the last few months to attempt to provide clarity to the asset register requirements, and has released a new explanatory memorandum on the 29th September. The requirement to register assets is by the 7th October 2022.

We anticipate that many of our resellers may be aware of the new requirements under this legislation, but as they operate as virtual operators may not have realised that the registration requirements apply to them. In addition, the process is quite complex and the required detail is not entirely clear.

The correct link to submit the form is available here. A number of forms are listed on the CISC website, but most of these actually seem to be related to changes in interest holders (another term that exists here). The Telco sector is also different to any other sector in that they have introduced a concept of a “tangible asset” which doesn’t necessarily mean a tangible asset. This is defined in the instrument, but a tangible asset may in fact not be physically tangible, and in fact only be conceptual.

We are working to provide a “blueprint” to allow our reseller partners for whom we are the sole provider of voice or data services to easily complete this form prior to the due date; however we note that the information will require a clear understanding of your internal corporate structure, and potentially details about any providers you work with (including their address, ABN, Chief Executives, and their nationality).

Home Affairs have indicated that they are keen to work with Carriers and Eligible Carriage Service Providers to clarify or correct any incorrect or insufficient reporting data post the deadline, so our advice will be to work to submit the form with as much detail as can be reasonably available, and work with them to clarify or update as may be required in the future.