A cross-referencing mistake in the 2012 Telecommunications Consumer Protections Code has confused some readers about what is required in a Compliance Attestation under the Code. Let’s clear up the confusion.
According to the definitions section of the Code:
Compliance Attestation means a statement by a Supplier, attested in the manner required by clause 9.4.1 and addressing the matters referred to in clause 9.3.1(b).
In fact, that’s not correct.
The first clue there’s a mistake is that the language of clause 9.3.1(b) doesn’t seem to easily fit with the language of the definition:
The second hint is that in the October 2011 exposure draft of the TCP Code, the definition of ‘Compliance Attestation’ was:
And in that draft, clause 9.4.1(f) read as follows:
Now, that makes a lot more sense as part of the definition of ‘Compliance Attestation’.
Third clue … and the final answer
The third hint is that the final edition of the TCP Code includes a slimmed down of the above draft clause 9.4.1(f) except that due to various edits between the two versions, it is re-numbered as clause 9.4.1(d) in the final edition:
And the introductory words of that clause dovetail nicely with the definition of Compliance Attestation. So we can be confident that the TCP Code’s final definition of ‘Compliance Attestation’ should be read as:
Compliance Attestation means a statement by a Supplier, attested in the manner required by clause 9.4.1 and addressing the matters referred to in clause