Federal Register of Legislation - Australian Government

Primary content

Notices & Notifications as amended, taking into account amendments up to Radiocommunications Labelling (Electromagnetic Compatibility) Amendment Notice 2010 (No. 1)
This Notice and the Radiocommunications (Electromagnetic Compatibility) Standard 2008 operate together to specify the Australian regulatory arrangements for electromagnetic compatibility.
Administered by: Broadband, Communications and the Digital Economy
Registered 31 Mar 2010
Start Date 31 Mar 2010
End Date 28 Feb 2013

Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008

as amended

made under section 182 of the

This compilation was prepared on 31 March 2010
taking into account amendments up to Radiocommunications Labelling (Electromagnetic Compatibility) Amendment Notice 2010 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                                     

                      1.1     Name of Notice [see Note 1]                                                                 4

                      1.2     Commencement [see Note 1]                                                               4

                      1.3     Revocation                                                                                          4

                      1.4     Definitions                                                                                           4

                      1.5     Meaning of compliance records                                                             7

                      1.6     Meaning of description of the device                                                      8

                   1.6A     Meaning of medium risk device                                                             8

                      1.7     Meaning of device that complies with New Zealand labelling legislation     9

                      1.8     Other interpretation                                                                              9

Part 2                    Application of Notice                                                                   

                      2.1     Devices to which this Notice applies                                                    10

                      2.2     Devices to which this Notice does not apply — general                         10

                      2.3     Devices to which this Notice does not apply — New Zealand devices     10

                      2.4     Relationship between this Notice and the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001                                                           10

                      2.5     Relationship between this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003                                                                                       11

                      2.6     Devices incorporating a radiocommunications transmitter                      11

Part 3                    Form and placement of labels, marks and information      

                      3.1     Compliance labels, compliance information and compliance marks        12

                      3.2     Compliance labels for low risk devices                                                 13

                      3.3     Who must apply a compliance label to a device?                                  13

                      3.4     Durability of compliance label                                                              14

                      3.5     Symbols and characters on compliance label                                       14

                      3.6     Placement of compliance label                                                            14

                   3.6A     Electronic labelling                                                                             14

                      3.7     Explanatory documentation to be supplied with a device                        15

Part 4                    Compliance levels                                                                        

                      4.1     Application of Part 4                                                                           16

                      4.2     Permission to use compliance marks and issue of supplier code number 16

                      4.3     Meeting compliance levels                                                                  17

                   4.3A     Declaration of conformity                                                                    17

                      4.4     Compliance level 1 — low risk device                                                   17

                      4.5     Compliance level 2 — medium risk device                                            17

                      4.6     Compliance level 3 — high risk device                                                 17

                      4.7     Additional requirements for variants                                                     18

Part 5                    Compliance records                                                                    

                      5.1     Compliance records — general requirements                                        19

                      5.2     Keeping records                                                                                19

                      5.3     Availability of compliance records for inspection                                    19

                      5.4     Provision of information to authorised officer                                         19

                      5.5     Request for test reports from accredited testing body                            20

                      5.6     Evidence of compliance with applicable standard under section 5.5        20

Part 6                    Special requirements for supply of devices after changes to applicable standard or this Notice                                                               

                      6.1     Devices labelled with a compliance label before this Notice                    21

                      6.2     Changes to an applicable standard                                                      21

                      6.3     Transitional — devices to which IEC, CISPR or AS/NZS standards apply 22

                      6.4     Transitional — devices to which EN standard applies                            22

Part 7                    Requirements to be met after labels applied — devices imported from New Zealand                                                                                           

                      7.1     Purpose of Part 7                                                                               23

                      7.2     Provision of information to authorised officer                                         23

Schedule 1             Technical standards                                                                        24

Schedule 2             Devices to which this Notice does not apply                                   25

Schedule 3             Compliance marks                                                                          27

Part 1                      The C‑Tick mark                                                                                27

Part 2                      The RCM                                                                                          27

Notes                                                                                                                              28

 


Part 1                 Preliminary

  

1.1           Name of Notice [see Note 1]

                This Notice is the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008.

Note   The predecessor to this Notice was the Radiocommunications (Compliance Labelling — Incidental Emissions) Notice 2001, which is revoked by section 1.3 of this Notice.

1.2           Commencement [see Note 1]

                This Notice commences on the day after it is registered.

1.3           Revocation

                The Radiocommunications (Compliance Labelling — Incidental Emissions) Notice 2001, made on 2 November 2001, is revoked.

1.4           Definitions

                In this Notice:

accredited, in relation to a test report, means a report that was produced by the following process:

                (a)    the test was conducted by an accredited testing body;

               (b)    the test was conducted against an applicable standard;

                (c)    at the time the test was conducted, the applicable standard was within the terms of the accredited testing body’s accreditation, designation, notification or recognition.

accredited testing body means a laboratory:

                (a)    that is a testing body; and

               (b)    that is:

                          (i)    accredited by NATA to conduct testing against an applicable standard; or

                         (ii)    accredited, by a body that has entered into a mutual recognition agreement with NATA, to conduct testing against an applicable standard; or

                         (iii)    designated, notified or recognised, under an agreement about mutual recognition on conformity assessment to which Australia is a party, to conduct testing against an applicable standard.

Act means the Radiocommunications Act 1992.

agent, of a manufacturer or importer, means a person who is authorised in writing by the manufacturer or importer to act in Australia as an agent of the manufacturer or importer for Division 7 of Part 4.1 of the Act.

applicable standard, in relation to a device, means any of the following standards insofar as those standards relate to interference to radiocommunications or to any uses or functions of devices:

                (a)    a standard referenced for the device in the Radiocommunications (Electromagnetic Compatibility) Standard 2008;

               (b)    a standard mentioned in the table in Schedule 1.

Note   The list of applicable standards may be found at the website address http://www.acma.gov.au/standards/emc.

AS/NZS, in relation to the prefix of a document, has the meaning given by subsection 1.8 (1).

AS/NZS 4417.1 means the Australian/New Zealand Standard Marking of electrical and electronic products to indicate compliance with regulations — Part 1: General rules for use of the mark published by Standards Australia.

authorised officer means:

                (a)    an inspector under subsection 267 (1) of the Act; or

               (b)    a person authorised in writing by ACMA for this Notice.

battery-powered device means a device that is not capable of being connected, directly or indirectly, to an external power supply.

built-in display, for a device, means an electronic display or screen integral to the device, and does not include a display or screen that can be used independently of the device.

CISPR, in relation to the prefix of a document, has the meaning given by subsection 1.8 (3).

competent body means a body accredited by NATA under subsection 183 (3) of the Act.

compliance information has the meaning given by subsection 3.1 (2).

compliance label means a label that complies with the requirements mentioned in Part 3.

Note   Section 2.4 extends some references to ‘compliance label’ in this Notice to include a compliance label under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

compliance mark means any of the marks mentioned in Schedule 3.

compliance records has the meaning given by section 1.5.

C‑Tick mark means the mark set out in Part 1 of Schedule 3.

declaration of conformity means a declaration that:

                (a)    is in a form approved by the ACMA; or

               (b)    contains the information required in that approved form, whether or not the declaration is accompanied by other material.

Note   The ACMA makes approved forms available on its website at www.acma.gov.au/complianceforms.

description of the device has the meaning given by section 1.6.

device has the meaning given by subsection 9 (1) of the Act.

device that complies with New Zealand labelling legislation has the meaning given by section 1.7.

EN, in relation to the prefix of a document, has the meaning given by subsection 1.8 (4).

fixed installation means a particular combination of 1 or more devices that is assembled, installed and intended to be used permanently at a predetermined location.

high risk device means a device described as ‘Group 2 ISM equipment’ in AS/NZS CISPR 11:2004 (2nd Edition).

IEC, in relation to the prefix of a document, has the meaning given by subsection 1.8 (2).

low risk device means a device that is neither:

                (a)    a medium risk device; nor

               (b)    a high risk device.

medium risk device has the meaning given by section 1.6A.

NATA means the National Association of Testing Authorities, Australia.

New Zealand labelling legislation means:

                (a)    the Radiocommunications (EMC Standards) Notice 2004 (No. 2) of New Zealand; and

               (b)    the Radiocommunications (Radio Standards) Notice 2007 of New Zealand ;

as in force from time to time.

RCM means the Regulatory Compliance Mark set out in Part 2 of Schedule 3.

Note   The RCM is reproduced from the Appendix to AS/NZS 4417.1.

supplier, in relation to a device, means a person in Australia who is:

                (a)    the manufacturer or the importer of the device; or

               (b)    an agent of the manufacturer or importer of the device.

supplier code number means a code number issued to a person:

                (a)    in accordance with a notice made by ACMA under section 407 of the Telecommunications Act 1997; or

               (b)    in accordance with a notice made by ACMA under section 182 of the Act; or

                (c)    by Standards Australia International Limited, in accordance with AS/NZS 4417.1.

technical construction file means documentary material in English that includes a report produced by a competent body assessing a device against the requirements of an applicable standard, in which the report:

                (a)    identifies the device assessed; and

               (b)    identifies the applicable standard against which the device was assessed; and

                (c)    includes a statement by the competent body stating that, in the opinion of the competent body, the device complies with the applicable standard.

test report means a report in English produced by a testing body or an accredited testing body assessing a device against the requirements of an applicable standard, that:

                (a)    identifies the device tested; and

               (b)    identifies the applicable standard against which the assessment was made; and

                (c)    includes a statement by the testing body or accredited testing body stating that the device complies with each relevant requirement of the applicable standard.

testing body means a laboratory that has the equipment, resources and technical capability to conduct testing to an applicable standard.

variant means a version of a device that is not identical to the original device but is not sufficiently different from the original device to affect the application to that version of a standard that applies to the original device.

working day, in relation to a request, means a day other than:

                (a)    a Saturday or a Sunday; or

               (b)    a day that is a public holiday or an Australian Public Service holiday in the place where the request is made.

1.5           Meaning of compliance records

                In this Notice, the compliance records for a kind of device are mentioned in the table.

Item

For this device ...

these are the compliance records ...

1

a device other than a low risk device or a variant

(a)     a description of the device; and

(b)     a declaration of conformity; and

(c)     a test report or a technical construction file; and

(d)     for a device to which a compliance label is not applied because of section 3.6 — the records mentioned in subsection 3.6 (3); and

(e)     a copy of any explanatory documentation required by section 3.7

2

a low risk device that has not been labelled

a description of the device

3

a low risk device that has been labelled

(a)     a description of the device; and

(b)     a declaration of conformity

4

a variant of a device other than a low risk device

(a)     a description of the variant; and

(b)     a declaration of conformity that relates to the variant; and

(c)     a test report or a technical construction file for the original device; and

(d)     for a device to which a compliance label is not applied because of section 3.6 — the records mentioned in subsection 3.6 (3); and

 

 

(e)     a statement by the supplier about the variant that is mentioned in subsection 4.7 (2)

5

a variant of a low risk device that has not been labelled

a description of the variant

6

a variant of a low risk device that has been labelled

(a)     a description of the variant; and

(b)     a declaration of conformity that relates to the variant

1.6           Meaning of description of the device

                In this Notice, a description of the device must contain sufficient information for a person to determine whether the device is the same as a device for which a declaration of conformity, test report or statement by a competent body was prepared, and:

                (a)    must include the model number for the device and, if relevant, any related model numbers for the device; and

               (b)    must include the version of any software or firmware incorporated into or supplied with the device where changes in that software or firmware may affect compliance with the applicable standard; and

                (c)    may include a photograph, or photographs, of the device showing the device’s internal and external aspects (including the printed circuit boards).

1.6A        Meaning of medium risk device

         (1)   In this Notice, subject to subsection (2), a device is a medium risk device if it is not a high risk device and contains 1 or more of the following:

                (a)    a switch mode power supply;

               (b)    a transistor switching circuit;

                (c)    a microprocessor;

               (d)    a commutator;

                (e)    a slip-ring motor;

                (f)    an electronic device operating in a switching mode or a non-linear mode.

         (2)   A battery-powered device is not a medium risk device unless the ACMA has declared the device to be a medium risk device under subsection (3).

         (3)   The ACMA may declare, in writing, that a particular battery-powered device specified in the declaration is a medium risk device if:

                (a)    the common operation of the device causes radio emissions; and

               (b)    those radio emissions have caused, or are likely to cause, interference, disruption or disturbance to other devices or to radiocommunications services; and

                (c)    the device is not a high risk device.

         (4)   A declaration under subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.

1.7           Meaning of device that complies with New Zealand labelling legislation

                In this Notice, a device that complies with New Zealand labelling legislation is a device that bears a New Zealand compliance mark in accordance with the New Zealand labelling legislation.

1.8           Other interpretation

         (1)   A reference in this Notice to a document with the prefix ‘AS/NZS’ is a reference to a document that is a joint Australian and New Zealand Standard approved for publication on behalf of the Standards organisations of those countries.

         (2)   A reference in this Notice to a document with the prefix ‘IEC’ is a reference to a document that is an International Electrotechnical Commission Standard approved for publication.

         (3)   A reference in this Notice to a document with the prefix ‘CISPR’ is a reference to a document that is an International Special Committee on Radio Interference Standard approved for publication.

         (4)   A reference in this Notice to a document with the prefix ‘EN’ is a reference to a document that is a European Committee for Electrotechnical Standardization Standard approved for publication.

         (5)   Reference may be made in this Notice to a standard mentioned in this section by number alone without inclusion of the edition or year of publication of the standard.

Examples

1   AS/NZS 4417.1:1996 may be referred to as AS/NZS 4417.1.

2   CISPR 22:2005 may be referred to as CISPR 22.

Part 2                 Application of Notice

  

2.1           Devices to which this Notice applies

                This Notice applies to a device:

                (a)    that is:

                          (i)    manufactured in Australia; or

                         (ii)    imported into Australia;

for supply in Australia; and

               (b)    to which an applicable standard applies.

Note   Section 5 of the Act contains the following definition:

        supply includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase.

2.2           Devices to which this Notice does not apply — general

                This Notice does not apply to a device that is mentioned in Schedule 2.

2.3           Devices to which this Notice does not apply — New Zealand devices

                Parts 3, 4 and 5 of this Notice do not apply to a device that:

                (a)    is imported into Australia from New Zealand for supply; and

               (b)    is a device that complies with New Zealand labelling legislation.

Note 1   The effect of this section is to exempt the devices from the labelling requirements of this Notice.

Note 2   Section 1.7 explains when a device is a device that complies with New Zealand labelling legislation.

2.4           Relationship between this Notice and the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001

                If a device to which this Notice applies is also customer equipment or customer cabling to which the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, as in force from time to time, applies:

                (a)    the requirements in this Notice are additional to the requirements under that Notice; and

               (b)    Part 3 of this Notice does not apply in relation to the device; and

                (c)    a reference in this Notice (except section 1.4) to a compliance label includes a reference to a compliance label under that Notice.

Note   An effect of paragraph (b) is that the supplier of a device that is to be labelled with an A‑Tick under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 is not required to label the device with a C‑Tick as well.

2.5           Relationship between this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003

                If a device to which this Notice applies contains a device, or incorporates a device to which the Radiocommunications Devices (Compliance Labelling) Notice 2003, as in force from time to time, applies, the requirements in this Notice are additional to the requirements in that Notice.

Note   An effect of this section is that a C-Tick mark can be applied to a device only if it complies with the requirements of this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003.

2.6           Devices incorporating a radiocommunications transmitter

         (1)   If a device (a parent device) contains or incorporates a radiocommunications transmitter, the transmitter must be switched off, or placed in an idle state, before the parent device is assessed for compliance against this Notice.

Note   Subsection 7 (2) of the Act contains the definition of radiocommunications transmitter.

         (2)   For the avoidance of doubt, if a parent device contains or incorporates a radiocommunications transmitter, the transmitter need not comply with this Notice.

Part 3                 Form and placement of labels, marks and information

  

3.1           Compliance labels, compliance information and compliance marks

         (1)   If an applicable standard applies to a device that is not a low risk device, and the device complies with the standard, the device must bear a compliance label, consisting of:

                (a)    compliance information; and

               (b)    a compliance mark.

Note 1   The effect of section 2.3 is to exempt a device that:

(a)   is imported into Australia from New Zealand for supply; and

(b)   bears a New Zealand compliance mark that complies with New Zealand labelling legislation;

from the requirement for the device to bear a compliance label.

Note 2   Section 3.2 deals with the relationship between low risk devices and the labelling obligations. Suppliers must meet the same compliance level and record‑keeping obligations in relation to low risk devices even if the device has not been labelled with compliance information.

Note 3   A device that does not comply with an applicable standard is defined by subsection 9 (2) of the Act to be a non‑standard device, and is regulated under Division 2 of Part 4.1 of the Act.

         (2)   For subsection (1), compliance information for a device consists of 1 or more of the following pieces of information in relation to the supplier of the device:

                (a)    a business name and business address in Australia;

               (b)    a business name registered on the national business names register within the meaning of section 147 of the Corporations Act 2001;

                (c)    a personal name, and address of place of business in Australia;

               (d)    an Australian Company Number or ACN under the Corporations Act 2001;

                (e)    an Australian Registered Body Number or ARBN under the Corporations Act 2001;

                (f)    an Australian Business Number or ABN under the A New Tax System (Australian Business Number) Act 1999;

                (g)    a registered trade mark under the Trade Marks Act 1995;

                (h)    a supplier code number.

         (3)   Nothing in subsection (1) prevents a supplier applying compliance information or a compliance mark to a low risk device, if the supplier chooses to do so.

Location of compliance label

         (4)   Subject to sections 3.6 and 3.6A, the compliance label must be placed on the device on a place that is accessible by the user.

Note   Section 3.6 deals with situations where applying a label to the surface of a device is not possible or practical. Section 3.6A gives a supplier the option of labelling some types of device electronically.

         (5)   A label is not accessible if it is necessary to use a specialised tool to gain access to it.

         (6)   Compliance information and a compliance mark:

                (a)    must be as close as practicable to each other; and

               (b)    must not be placed so that one wholly or partially obscures the other.

3.2           Compliance labels for low risk devices

         (1)   The supplier of a low risk device may choose whether or not to apply a compliance label to the device.

Note   Section 4.2 applies to a supplier that chooses to apply a compliance label to a low risk device.

         (2)   A low risk device must comply with an applicable standard that is applicable to it, whether or not it has a compliance label applied to it.

         (3)   If a supplier chooses not to apply a compliance label to a low risk device then, for the application of the following provisions of this Notice, the low risk device is taken to have a compliance label applied to it:

                (a)    section 3.7;

               (b)    Part 4 (other than section 4.3A);

                (c)    Part 5.

Note   The effect of applying these provisions to a low risk device is to require the supplier to comply with record-keeping obligations, whether or not the low risk device has a compliance label applied to it.

3.3           Who must apply a compliance label to a device?

         (1)   If a device that is required to have a compliance label attached is manufactured in Australia, the compliance label must be applied to the device by:

                (a)    the manufacturer; or

               (b)    an agent of the manufacturer; or

                (c)    a person who is authorised by the manufacturer or agent to apply the label or mark on behalf of the manufacturer or agent.

         (2)   If a device that is required to have a compliance label attached is manufactured outside Australia, the compliance label must be applied to the device by:

                (a)    the importer; or

               (b)    an agent of the importer; or

                (c)    a person who is authorised by the importer or agent to apply the label or mark on behalf of the importer or agent.

3.4           Durability of compliance label

         (1)   A compliance label must be durable.

         (2)   A compliance label must be applied to a device:

                (a)    permanently; or

               (b)    in a way that makes removal or obliteration difficult.

3.5           Symbols and characters on compliance label

         (1)   Compliance information must be legible, with alphanumeric characters
(if any) at least 1 mm high.

         (2)   A compliance mark must be at least 3 mm high.

3.6           Placement of compliance label

         (1)   If it is not possible to apply a compliance label to the surface of a device because of the size or physical nature of the device, or it is not practical to apply a compliance label to the surface of a device, the compliance label must be applied to:

                (a)    the external surface of the packaging used for the device; and

               (b)    the documentation (including any warranty or guarantee certificates) that accompanies the device when it is supplied to the user.

         (2)   The compliance label applied to the external surface of the packaging used for the device must:

                (a)    occupy an area that is greater than 1% of that external surface; and

               (b)    be clearly visible.

         (3)   The supplier must make and keep a record of:

                (a)    the reasons why subsection (1) applies to the device; and

               (b)    where each compliance label is applied.

3.6A        Electronic labelling

         (1)   A supplier may apply a compliance label to a device using the built-in display of the device.

         (2)   The supplier must ensure that the documentation that accompanies the device when it is supplied to the user sets out a method for displaying the compliance label.

         (3)   The compliance label must be applied to the device in a way that would make it difficult to prevent the display of the label when the method set out in the documentation is used.

         (4)   Subsection 3.1 (4) and sections 3.4 and 3.6 do not apply to a label applied under this section.

3.7           Explanatory documentation to be supplied with a device

                If it is possible for a device to be installed or operated incorrectly, to the extent that the device will be used in a way that the device does not comply with an applicable standard for the device, the supplier of the device must supply documentation with the device that sets out specifications for correct installation and operation to minimise that possibility.

Example

If a variable speed drive was fitted with a 1.2 m cable from the controller to the motor when it was tested and shown compliant, the instructions must specify that the same type and length of cable must be used when installed, unless testing was performed with different cables.

Part 4                 Compliance levels

  

4.1           Application of Part 4

         (1)   This Part applies in relation to a device (an original device) to which an applicable standard applies.

         (2)   Sections 4.2, 4.3, 4.4, 4.5 and 4.6 do not apply in relation to a variant of an original device if:

                (a)    the relevant requirements of this Part have been met in relation to the original device; and

               (b)    the radiofrequency emission characteristics of the variant are not likely to exceed those of the original device.

4.2           Permission to use compliance marks and issue of supplier code number

         (1)   Subject to subsection (6), a supplier must not apply a C‑Tick mark to a device unless the supplier has:

                (a)    permission to use the C‑Tick mark; and

               (b)    been issued a supplier code number.

         (2)   On written application by a supplier, ACMA may issue a permission to use a C‑Tick mark and a supplier code number.

         (3)   An application to the ACMA for permission to use the C-Tick mark and the issue of a supplier code number must be:

                (a)    in a form approved by the ACMA; or

               (b)    in writing setting out the information required in that approved form, whether or not the application is accompanied by other material.

Note   The ACMA makes approved forms available on its website at www.acma.gov.au/complianceforms.

         (4)   A supplier must not apply the RCM to a device unless the supplier has registered the supplier’s use of the RCM in accordance with the requirements in AS/NZS 4417.1, as in force from time to time.

         (5)   Subsection (1) does not apply if ACMA has previously issued the supplier with a supplier code number and:

                (a)    an approval to use a compliance mark under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, as in force from time to time; or

               (b)    an approval to use a compliance mark under the Radiocommunications Devices (Compliance Labelling) Notice 2003, as in force from time to time; or

                (c)    an approval to use a compliance mark under the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003, as in force from time to time.

         (6)   A compliance mark mentioned in paragraph 5 (a) includes a mark mentioned in Schedule 3 to the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

4.3           Meeting compliance levels

                If an applicable standard applies to a device, the supplier must, before a compliance label is applied (or is taken to be applied by section 3.2):

                (a)    prepare a description of the device; and

               (b)    meet the relevant compliance level for the device (being the requirements set out in section 4.4, 4.5 or 4.6).

4.3A        Declaration of conformity

         (1)   Despite section 3.2, if a supplier applies a compliance label to a device, the supplier must complete and sign a declaration of conformity in relation to the device.

         (2)   If the device:

                (a)    is a low risk device or a medium risk device; and

               (b)    is manufactured outside Australia;

the supplier is taken to have complied with subsection (1) if the declaration of conformity is completed and signed by the manufacturer of the device.

         (3)   Subsection (2) does not affect:

                (a)    the other obligations of the supplier under this Notice; or

               (b)    the liability of the supplier under Part 4.1 of the Act.

4.4           Compliance level 1 — low risk device

                There are no additional requirements for a low risk device that complies with an applicable standard.

4.5           Compliance level 2 — medium risk device

                For a medium risk device, the supplier must establish that the device complies with an applicable standard by:

                (a)    obtaining a test report from a testing body; or

               (b)    obtaining a technical construction file.

4.6           Compliance level 3 — high risk device

                For a high risk device, the supplier must establish that the device complies with an applicable standard by:

                (a)    obtaining an accredited test report from an accredited testing body; or

               (b)    obtaining a technical construction file.

4.7           Additional requirements for variants

         (1)   This section applies to a variant of a device.

         (2)   The supplier must prepare a written statement for inclusion in the compliance record that:

                (a)    identifies the device and its variant; and

               (b)    describes the differences between the original device and its variant; and

                (c)    provides a technical rationale for the conformity of the variant; and

               (d)    includes a declaration of conformity for the variant.

         (3)   A variant is not required to be assessed at a compliance level if the original device already complies with section 4.3 at that compliance level.

Part 5                 Compliance records

  

5.1           Compliance records — general requirements

         (1)   A compliance record:

                (a)    must be in English; and

               (b)    may be a copy of an original record; and

                (c)    may be kept in electronic form.

         (2)   The description of a device must be updated when necessary to ensure that the description complies with section 1.6.

         (3)   If an agent of a manufacturer or importer keeps compliance records for the manufacturer or importer under this Part, the agent must also keep a copy of its agency agreement with the manufacturer or importer for the same period as the compliance records are kept.

5.2           Keeping records

         (1)   The supplier of a device to which a compliance label is applied must keep all compliance records for the device for 5 years after the kind of device ceases to be supplied in Australia.

         (2)   The supplier of a low risk device who decides not to apply a compliance label to the device must keep all compliance records for the device for 5 years after the kind of device ceases to be supplied in Australia.

5.3           Availability of compliance records for inspection

                The supplier of a device must ensure that the compliance records for the device are available for inspection within 10 working days of receiving a notice of intent to inspect the records from an authorised officer.

5.4           Provision of information to authorised officer

         (1)   An authorised officer may, in writing, request the supplier of a device who keeps compliance records in accordance with section 5.2 to give to the officer specified compliance records for the device.

         (2)   If the request is for a specified record, the supplier must produce the record within 10 working days after the date of the request.

         (3)   If the request is for a specified circuit diagram or manual for the device, the supplier must produce the document within 30 working days after the date of the request.

         (4)   After receiving the information from the supplier, the authorised officer must give the supplier a receipt for the information supplied.

         (5)   The authorised officer must return any original document given to the authorised officer under subsection (1) to the supplier as soon as practicable and, in any case, not more than 60 days after receiving the document.

5.5           Request for test reports from accredited testing body

                If an authorised officer believes that the records kept by a supplier do not provide sufficient evidence that the device complies with an applicable standard, the officer may, by written notice, request the supplier to:

                (a)    obtain 3 or more samples of the device and have the samples tested, in Australia, by an accredited testing body to the applicable standard or a specified part of the applicable standard at the supplier’s expense; and

               (b)    provide to an authorised officer, within the period specified in the notice, certified true copies of the accredited test report for each sample from the accredited testing body showing that the device complies with the applicable standard or the specified part of the applicable standard.

5.6           Evidence of compliance with applicable standard under section 5.5

                In order for an authorised officer to consider that the device as supplied complies with the applicable standard, the following criteria for demonstrating compliance must be met:

                (a)    if 3 or 4 samples were tested — all samples must be compliant according to the test reports supplied under section 5.5;

               (b)    if more than 4 samples were tested — at least 80% of the samples tested must be compliant according to the test reports supplied under section 5.5.

Part 6                 Special requirements for supply of devices after changes to applicable standard or this Notice

  

6.1           Devices labelled with a compliance label before this Notice

         (1)   This section applies to a device if:

                (a)    a device complied with an applicable standard prior to the commencement of this Notice; and

               (b)    the label that was applied to the device shows that the device complied with the applicable standard when it was first manufactured or imported.

         (2)   For a device to which this section applies, the supplier:

                (a)    is not required to demonstrate whether the device complies with the applicable standard; and

               (b)    is taken to have complied with Part 3 in relation to the device, and may continue to label the device; and

                (c)    is taken to have complied with Part 4 in relation to the applicable standard.

6.2           Changes to an applicable standard

         (1)   This section applies to a device if:

                (a)    the device complied with an applicable standard immediately before the applicable standard was amended or replaced; and

               (b)    the label that was applied to the device shows that the device complied with the applicable standard when it was first manufactured or imported.

         (2)   If the applicable standard is amended on or after the day on which the device was first manufactured or imported, the supplier:

                (a)    is not required to demonstrate whether the device complies with the applicable standard as amended; and

               (b)    is taken to have complied with Part 3 in relation to the device, and may continue to label the device; and

                (c)    is taken to have complied with Part 4 in relation to the applicable standard as amended.

         (3)   If a standard (the new standard) becomes an applicable standard on or after the day on which the device was first manufactured or imported, the supplier:

                (a)    is not required to demonstrate whether the device complies with the new standard; and

               (b)    is taken to have complied with Part 3 in relation to the device, and may continue to label the device; and

                (c)    is taken to have complied with Part 4 in relation to the new standard.

6.3           Transitional — devices to which IEC, CISPR or AS/NZS standards apply

         (1)   This section applies to a device if:

                (a)    any of the IEC, CISPR or AS/NZS standards (the old standard) is the applicable standard for the device; and

               (b)    the applicable old standard is amended or replaced by a new standard before the day on which a device was first manufactured or imported.

         (2)   For a device to which this section applies, the supplier of a device mentioned in subsection (1) may, for a device supplied within a period of 2 years after the old standard is amended or replaced, choose that the applicable standard for this Notice is:

                (a)    the old standard; or

               (b)    the new or amended standard.

6.4           Transitional — devices to which EN standard applies

         (1)   This section applies to a device if:

                (a)    an EN standard (the old EN standard) is the applicable standard for the device; and

               (b)    the old EN standard is amended or replaced by a new EN standard before the day on which a device was first manufactured or imported.

         (2)   For a device to which this section applies, the supplier of a device mentioned in subsection (1) may, for a device supplied within the Official Journal period after the old EN standard is amended or replaced, choose that the applicable standard for this Notice is:

                (a)    the old EN standard; or

               (b)    the new or amended EN standard.

         (3)   In this section:

Official Journal period means the period:

                (a)    commencing on the day the old EN standard is amended or replaced; and

               (b)    ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the old EN standard.

Part 7                 Requirements to be met after labels applied — devices imported from New Zealand

  

7.1           Purpose of Part 7

                This Part provides ways for ACMA to investigate devices labelled under New Zealand labelling legislation and imported into Australia.

Note   Section 1.7 explains when a device complies with New Zealand labelling legislation.

7.2           Provision of information to authorised officer

         (1)   An authorised officer may, by notice in writing, require the importer of a device imported from New Zealand, to give to the officer, within 10 working days after the notice is given, specified records that show that the device complies with New Zealand labelling legislation.

         (2)   If an authorised officer believes that the records provided by the importer do not provide sufficient evidence that the device complies with New Zealand labelling legislation, the officer may request in writing that the Radio Spectrum Management (RSM) of the Ministry of Economic Development, New Zealand investigate whether the device complies with New Zealand labelling legislation.

         (3)   Section 2.3 does not apply to the device if RSM:

                (a)    states that the device does not comply with New Zealand labelling legislation; or

               (b)    does not respond within 60 days of the request mentioned in subsection (2).


Schedule 1        Technical standards

(section 1.4, definition of applicable standard)

  

EMC Standards

 

Item

EMC Standard

1

Radiocommunications (Electromagnetic Compatibility) Standard 2008

Schedule 2        Devices to which this Notice does not apply

(section 2.2)

  

Note   There is no item 1.

        2       A device that complies with a radio emission standard that applies to the device under a law of the Commonwealth (except for this Notice) or of a State or Territory

Note   This includes a device that is compliant with the EMC requirements specified by the Therapeutic Goods Administration under the Therapeutic Goods Act 1989.

        3       A device that is a prototype

        4       A device used in military equipment or weapons systems of the Defence Force or by the defence force of another country operating in cooperation with the Defence Force

        5       A device with a power consumption not exceeding 1 milliwatt

        6       A device that is designed or adapted for conducting a test, measurement or study of electromagnetic phenomena in an educational, training or research establishment

        7       A spare part that has:

                (a)    identical specifications to the device it is to replace; or

               (b)    the same radiofrequency emission characteristics as that device

        8       A component, except a component that is an assembly of components that forms part of a finished device

        9       A device that is for incorporation into another device and is not to be supplied to an end‑user

      10       A device that is used for exhibition or demonstration, if it is the sole example of the device used for that purpose

      11       A fixed installation

Note   Despite item 11, section 197 of the Act prohibits a person from knowingly or recklessly causing substantial interference to radiocommunications.

      12       A device that is designed for and operates from an electrical supply of greater than 600 volts AC or 1000 volts DC

      13       A vehicle or machine that:

                (a)    is supplied by an organisation that is a member of:

                          (i)    the Construction and Mining Equipment Industry Group (CMEIG); or

                         (ii)    the Federal Chamber of Automotive Industries (FCAI); or

                         (iii)    the Tractor and Machinery Association (TMA); or

                        (iv)    the Truck Industry Council (TIC); and

               (b)    is compliant with all broadband and narrowband emission standards and requirements as specified in:

                          (i)    the CMEIG/TMA code, ‘Voluntary Code of Practice for Electromagnetic Compatibility (EMC) of Machinery’; or

                         (ii)    the FCAI code, ‘Voluntary Code of Practice for Electromagnetic Compatibility (EMC) of Motor Vehicles’; or

                         (iii)    the TIC code, ‘Voluntary Code of Practice for Electromagnetic Compatibility (EMC)’.

      14       This Notice does not apply to a device that is used solely for law enforcement activities by any of the following agencies:

                (a)    the Australian Federal Police;

               (b)    a police force or service of a State or Territory;

                (c)    the National Crime Authority;

               (d)    the New South Wales Crime Commission;

                (e)    the Independent Commission Against Corruption of New South Wales;

                (f)    the Criminal Justice Commission of Queensland;

                (g)    a criminal law enforcement authority established by or under a law of the Commonwealth, a State or Territory;

                (h)    a body or organisation responsible to the Australasian Police Ministers’ Council for the facilitation of national law enforcement support

Note 1   Subsection 24 (1) and section 25 of the Act provide for exemptions for specified Defence Force activities from the operation of the Act. Section 26 of the Act and regulation 6 of the Radiocommunications Regulations 1993 provide for exemptions for specified Defence Force activities from the operation of Parts 3.1, 4.1 and 4.2 of the Act.

Note 2   Subsection 24 (2) of the Act provides for exemptions for the Australian Secret Intelligence Service and the Australian Security Intelligence Organisation from the operation of the Act.

      15       A personal computer that is assembled in Australia and is assembled from components that are individually compliant with the requirements specified in:

                (a)    this Notice; and

               (b)    if the component is intended for connection to a telecommunications network, the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 as in force from time to time.

Note   This exemption allows a person who assembles personal computers in Australia from compliant and labelled parts to supply such personal computers without the necessity to comply with this Notice.

Schedule 3        Compliance marks

(section 1.4, definition of compliance mark)

Part 1          The C‑Tick mark

 

 

Note   The C‑Tick mark is a protected symbol for section 188A of the Radiocommunications Act 1992.

 

Part 2          The RCM

 

 

Note   The RCM is a trademark owned by Australian and New Zealand regulators. Manufacturers or importers who intend to use the RCM must register with Standards Australia International Limited in accordance with AS/NZS 4417.1.

 


Notes to the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008

Note 1

The Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008 (in force under section 182 of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008

1 Feb 2008 (see F2008L00262)

2 Feb 2008

 

Radiocommunications Labelling (Electromagnetic Compatibility) Amendment Notice 2009 (No. 1)

16 Nov 2009 (see F2009L04211)

17 Nov 2009

Radiocommunications Labelling (Electromagnetic Compatibility) Amendment Notice 2010 (No. 1)

29 Mar 2010 (see F2010L00763)

31 Mar 2010

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 1.4......................................

am. 2009 No. 1; 2010 No. 1

S. 1.5......................................

am. 2009 No. 1; 2010 No. 1

S. 1.6A....................................

ad. 2009 No. 1

Note to s. 1.7........................

rep. 2009 No. 1

Part 2

 

S. 2.5......................................

ad. 2009 No. 1

S. 2.6......................................

ad. 2009 No. 1

Part 3

 

S. 3.1......................................

am. 2010 No. 1

S. 3.2......................................

am. 2009 No. 1

Note to s. 3.2 (1)..................

ad. 2009 No. 1

S. 3.4......................................

rs. 2010 No. 1

S. 3.5......................................

am. 2010 No. 1

S. 3.6......................................

rs. 2010 No. 1

S. 3.6A....................................

ad. 2010 No. 1

Part 4

 

S. 4.2......................................

am. 2010 No. 1

S. 4.3......................................

rs. 2009 No. 1

S. 4.3A....................................

ad. 2009 No. 1

Schedule 2

 

Schedule 2............................

am. 2009 No. 1

Schedule 4............................

rep. 2010 No. 1

Schedule 5............................

rep. 2010 No. 1