Federal Register of Legislation - Australian Government

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Notices & Notifications as amended, taking into account amendments up to Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No. 2)
Administered by: Communications
Registered 01 Oct 2013
Start Date 17 Sep 2013
End Date 18 Sep 2014
Date of repeal 18 Sep 2014
Repealed by Radiocommunications (Compliance Labelling – Devices) Notice 2014

Commonwealth Coat of Arms

Radiocommunications Devices (Compliance Labelling) Notice 2003

as amended

made under section 182 of the Radiocommunications Act 1992

Compilation start date:                     17 September 2013

Includes amendments up to:           Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No. 2)

 

About this compilation

The compiled instrument

This is a compilation of the Radiocommunications Devices (Compliance Labelling) Notice 2003 as amended and in force on 17 September 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 27 September 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is set out in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

 

 

 


Part 1Preliminary

 

1  Name of Notice

                   This Notice is the Radiocommunications Devices (Compliance Labelling) Notice 2003.

2  Commencement

                   This Notice commences on gazettal.

3  Radiocommunications Devices (Compliance Labelling) Notice 1996—revocation

                   The Radiocommunications Devices (Compliance Labelling) Notice 1996 is revoked.

4  Definitions

             (1)  In this Notice:

accredited testing body means a laboratory that is accredited, for this Notice, by:

                     (a)  NATA; or

                     (b)  a body that:

                              (i)  has entered into a mutual recognition agreement with NATA; or

                             (ii)  has entered into a mutual recognition agreement under the Agreement on Mutual Recognition on Conformity Assessment Certification and Marking made between Australia and the European Community on 24 June 1998, as in force from time to time; or

                            (iii)  has entered into a mutual recognition agreement under an agreement about mutual recognition on conformity assessment certification and marking made between Australia and a foreign country or the European Union.

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, for a device, means a standard mentioned in Schedule 2 that applies to the device.

Note:          Standards are made under section 162 of the Act.

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 sections 24 and 25.

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.

Class Licence means the Radiocommunications (Low Interference Potential Devices) Class Licence 2000.

         Note:          The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 is registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au

compliance label has the meaning given by subsection 9(1).

Note:          Section 6 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 the C‑Tick mark or the RCM.

compliance record has the meaning given by subsection 19(1).

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

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 means sufficient information for a person to determine whether the device is the same as a device for which a declaration of conformity was prepared.

Note:          The description of a device may include a photograph or sketch or other pictorial representation of the device illustrating its internal and external aspects (including printed circuit boards).

Federal Chamber of Automotive Industries means the Federal Chamber of Automotive Industries, ACN 008 550 347.

high‑risk device means a device which if operated in contravention of an applicable standard may have a high interference impact on other devices using the radiofrequency spectrum.

Examples of devices that are high‑risk devices

1A land mobile service base station, mobile and portable equipment.

2Citizen band radio equipment.

3An emergency position‑indicating radiofrequency beacon.

4A paging transmitter.

5VHF international maritime mobile equipment.

 

low interference potential device has the meaning given by section 3A of the Class Licence.

low‑risk device means a device which if operated in contravention of an applicable standard may have a low interference impact on other devices using the radiofrequency spectrum.

Examples of devices that are low‑risk devices

1A remote controlled model.

2A garage door control.

3A radio microphone.

4A personal alarm transmitter.

medium‑risk device means a device:

                     (a)  which if operated in contravention of an applicable standard may have an interference impact on other devices using the radiofrequency spectrum; and

                     (b)  that is not:

                              (i)  a high‑risk device; or

                             (ii)  a low‑risk device.

Example of a device that is a medium‑risk device

A DECT or PHS device.

NATA means the National Association of Testing Authorities, Australia (ACN 004379748).

national database means a database designated in writing by the ACMA for the purposes of Division 3.2.

Note:         A database may be designated by the ACMA for the purposes of Division 3.2 even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.

New Zealand Compliance Notice means a notice, as in force from time to time, made under regulations 32(1)(d), (e), (f), (g) and (h) of the Radiocommunications Regulations 2001 of New Zealand.

Note:          The current New Zealand Compliance Notice is available on the internet at http://www.med.govt.nz/rsm/standards/index.html. The New Zealand Radiocommunications Regulations 2001 are made under the New Zealand Radiocommunications Act1989.  The Act and Regulations are available on the internet at http://www.legislation.govt.nz/.

New Zealand Radio Standards Notice means a notice, as in force from time to time, made under regulations 32(1)(a), (b), (c), (d) and (j) of the Radiocommunications Regulations 2001 of New Zealand.

Note:          The current New Zealand Radio Standards Notice is available on the internet at http://www.med.govt.nz/rsm/standards/index.html. The New Radiocommunications Regulations 2001 are made under the New Zealand Radiocommunications Act1989.  The Act and Regulations are available on the internet at http://www.legislation.govt.nz/. 

product identification code, for a device, means the written information used by the supplier of the device to identify the device.

RCM means the Regulatory Compliance Mark set out in Part 2 of Schedule 1.

supplier means:

                     (a)  in relation to an imported device—the importer or an agent of the importer; and

                     (b)  in relation to a device manufactured in Australia—the manufacturer or an agent of the manufacturer.

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 this notice or the Radiocommunications Devices (Compliance Labelling) Notice 1996; or

                     (c)  by Standards Australia International Limited under AS/NZS 4417.

variant, of a device, means a version of the device that is not identical to the device but is not sufficiently different from the device to affect the application to that version of an applicable standard for the device.

wireless audio transmitter means a low interference potential device that is of a type mentioned at Item 22A of Schedule 1 to the Class Licence that is capable of being operated in the 694 – 820 MHz frequency range.

working day, in relation to a request under section 24, 25, 29 or 30, 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.

             (2)  A reference in this Notice to a standard is a reference to the standard as in force from time to time.

             (3)  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 Standards Australia and Standards New Zealand, as in force from time to time.

             (4)  A reference in this Notice to a device that complies with New Zealand labelling legislation is a reference to a device for which the following criteria are satisfied:

                     (a)  the device complies, within the meaning of the New Zealand Radio Standards Notice, with an applicable standard mentioned in Table 1 of that Notice, which has a level of conformity of 1, 2 or 3;

                     (b)  the supplier of the device, within the meaning of the New Zealand Compliance Notice, has the documents mentioned in paragraph 4(a) of the New Zealand Compliance Notice for level of conformity 1, 2 or 3;

                     (c)  the device is labelled with a compliance mark within the meaning of the New Zealand Compliance Notice.

5  Application

             (1)  Subject to subsections (2) and (3), this Notice applies to a device that:

                     (a)  is manufactured in or imported into Australia for supply; and

                     (b)  is a device to which an applicable standard applies.

             (2)  This Notice does not apply to a device that is imported or manufactured otherwise than for supply in Australia.

             (3)  Parts 2, 3 and 4 of this Notice do not apply to a device that:

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

                     (b)  complies with New Zealand labelling legislation.

Note:          Subsection 4(4) explains when a device complies with New Zealand labelling legislation.

6  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 an item of 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 (other than Part 2) are additional to the requirements under that Notice; and

                     (b)  Part 2 of this Notice does not apply in relation to the device; and

                     (c)  a reference in this Notice (except in subsection 4(1)) to a compliance label includes a reference to a compliance label under that Notice.

7  Relationship between this Notice and the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003

                   If a device to which this Notice applies is also a device to which
the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003, as in force from time to time, applies, the requirements in this Notice are additional to the requirements under that Notice.

Note:          An effect of section 7 is that a compliance mark can only be applied to a device if it complies with the requirements of this Notice and the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003.

Part 2Form and placement of compliance labels

 

8  Who must apply a compliance label to a device

             (1)  If a device is manufactured in Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

                     (a)  the manufacturer;

                     (b)  an agent of the manufacturer;

                     (c)  a person who is authorised by the manufacturer, or an agent of the manufacturer, to apply labels on behalf of the manufacturer or agent.

Note:          A compliance label is described in subsection 9(1).

             (2)  If a device is manufactured outside Australia, a label must be applied to the device as a compliance label by 1 of the following persons:

                     (a)  the importer;

                     (b)  an agent of the importer;

                     (c)  a person who is authorised in writing by the importer or agent to act outside Australia as an agent of the importer for Division 7 of Part 4.1 of the Act.

             (3)  If a device:

                     (a)  is either:

                              (i)  manufactured as part of a motor vehicle, or installed in a motor vehicle, by a member of the Federal Chamber of Automotive Industries; or

                             (ii)  imported as part of an imported motor vehicle by a member of the Federal Chamber of Automotive Industries; and

                     (b)  is an integral part of the motor vehicle; and

                     (c)  complies with each applicable standard;

subsections (1) and (2) do not apply in relation to the device.

Note:          See also sections 12 and 18 in relation to a high‑risk device or a medium‑risk device to which subsection 8(3) applies.

9  What is a compliance label

             (1)  A compliance label for a device is a label that meets the requirements of this section and sections 9A to 9D.

             (2)  The label must consist of either:

                     (a)  the RCM; or

                     (b)  if the label is applied before 1 March 2016—either of the compliance marks.

Note:          Section 9E imposes a requirement on a supplier who supplies a wireless audio transmitter to ensure that a separate label, in addition to a compliance label, is applied to the device at the time the device is supplied.

Location of compliance label

             (3)  Subject to sections 9C and 9D, the label must be placed on the device on a place that is accessible by the user.

Note:          Section 9C deals with situations where applying a label to the surface of a device is not possible or practical. Section 9D gives a supplier the option of labelling some types of device electronically.

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

9A  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.

9B  Format of compliance label

                   A compliance mark must be at least 3 mm high.

Note:         This Notice does not prevent a supplier from applying its own additional supplier identification details onto a device.

9C  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.

9D  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 9(3) and sections 9A and 9C do not apply to a label applied under this section.

 

Part 2AAdditional labelling requirement for wireless audio transmitters

 

9E  Additional labelling requirement for suppliers of wireless audio transmitters

(1)   A supplier who supplies a wireless audio transmitter must also ensure that a label that complies with subsection (2) is applied to the device at the time the device is supplied.

(2)   The label must include the following statement in bold type size no less than 5mm high: “This device operates under an ACMA class licence and must comply with all the conditions of that licence including operating frequencies.  Before 31 December 2014, this device will comply if it is operated in the 520-820 MHz frequency band.  WARNING: After 31 December 2014, in order to comply, this device must not be operated in the 694-820 MHz band. ” 

(3)   For the purposes of this section, the label is taken to be applied to the device if it is affixed in a prominent position to a container, covering, package, case, box or other thing in or with which the device is supplied.

Note 1:            Examples of wireless audio transmitters to which the requirements of section 9E apply include, but are not limited to, wireless microphones, in-ear monitoring devices, wireless musical instrument pickups and other short range devices that are capable of operating in the 694 – 820 MHz frequency range.

Note 2:            A label applied under this section is not required to contain an RCM or a compliance mark.

 

Part 3Requirements to be met before a compliance label is applied

Division 3.1Application of Part 3

10  No application to variants of a device

                   This Part does not apply in relation to a variant of a device if the relevant requirements of this Part have been met in relation to the device.

Division 3.2Registration on national database and issue of supplier code numbers

11  Use of RCM subject to registration on national database or issue of supplier code number

                   Before a supplier applies a compliance label consisting of the RCM to a device, the supplier must:

                     (a)  be registered on the national database; or

                     (b)  if the ACMA has not designated in writing a national database for the purposes of this Division—have been issued a supplier code number.

Note:         Under section 187 of the Act, a supplier that fails to comply with requirements that must be met before a label has been applied to a device may be subject to a pecuniary penalty.

11A  Registration on national database

             (1)  To be registered on the national database a supplier must, using a method which the database indicates is a method for including information on the database, provide:

                     (a)  information identifying the supplier;

                     (b)  the supplier’s address in Australia; and

                     (c)  the name and contact details of a representative of the supplier.

             (2)  For paragraph (1)(a), information identifying a supplier consists of the supplier’s ABN and 1 of the following pieces of information in relation to the supplier:

                     (a)  if the supplier is a body corporate, the name of the body corporate;

                     (b)  if the supplier is an individual, the name of the individual;

                     (c)  a business name used by the supplier in connection with its business as a supplier and registered as a business name under the Business Names Registration Act 2011.

             (3)  If the information provided by a supplier for inclusion in the national database subsequently changes, the supplier must, within 30 days after the change occurs, update the national database with the changed information using a method which the database indicates is a method for updating information on the database.

             (4)  In this section:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

representative of the supplier means:

                     (a)  an employee of the supplier;

                     (b)  an officer of the supplier; or

                     (c)  a person authorised in writing for the purposes of this section by the supplier or an employee or officer of the supplier. 

officer of the supplier means:

                     (a)  if the supplier is a corporation for the purposes of the Corporations Act 2001, an officer of a corporation as that term is defined in section 9 of the Corporations Act 2001; or

                     (b)  if the supplier is an entity that is neither an individual nor a corporation for the purposes of the Corporations Act 2001, an officer of that entity as defined in section 9 of the Corporations Act 2001

Note 1:     The requirement for a supplier to update the information provided by it for inclusion in the national database imposed under subsection 11A(3) is an ongoing requirement.  Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may be subject to a pecuniary penalty.

Note 2:     Information provided by a supplier for inclusion on the national database for the purposes of this Notice will be made publicly available.

11B  Use of C‑Tick mark

                   Before a supplier applies a compliance label consisting of the C‑Tick mark to a device, the supplier must have been issued a supplier code number by the ACMA. 

11C  Issue of supplier code number

             (1)  This section applies unless the ACMA has designated in writing a national database for the purposes of this Division.

             (2)  A supplier may apply in writing to the ACMA for a supplier code number.

             (3)  The application must be in a form approved by the ACMA.

Note:         The ACMA makes approved forms available on its website.

             (4)  Upon such application being made, the ACMA may issue to the supplier a supplier code number.

 

Division 3.3Compliance levels

12  Compliance levels

             (1)  Before a supplier applies a compliance label to a device, the supplier must ensure that the device complies with each applicable standard at the compliance level mentioned in column 3 of Schedule 2 for the standard.

             (2)  The supplier of a high‑risk device or a medium‑risk device to which subsection 8(3) applies must ensure that the device complies with each applicable standard at the compliance level mentioned in column 3 of Schedule 2 for the standard.

13  Compliance level 1

                   To comply with compliance level 1 for an applicable standard, the supplier of a device must:

                     (a)  prepare a description of the device; and

                     (b)  complete and sign a declaration of conformity for the device.

14  Compliance level 2

             (1)  To comply with compliance level 2 for an applicable standard, the supplier of a device must:

                     (a)  comply with compliance level 1; and

                     (b)  obtain and retain reasonable written evidence that the device complies with the standard.

             (2)  For paragraph (1)(b), the reasonable written evidence must include at least one of the following:

                     (a)  written authority by the Federal Communications Commission for a device to operate in the United States of America (USA), along with documented information showing how the device has been altered to meet Australian requirements where these diverge from USA requirements;

                     (b)  a test report prepared by an accredited testing body endorsed in accordance with the body’s accreditation criteria;

                     (c)  a test report from a person that is not an accredited testing body;

                     (d)  a manufacturer’s performance specifications for the device.

15  Compliance level 3

                   To comply with compliance level 3 for an applicable standard, the supplier of a device must:

                     (a)  comply with compliance level 1; and

                     (b)  obtain and retain evidence that the device conforms with the standard in the form of a test report produced under section 16.

Division 3.4Testing of devices

16  Testing

             (1)  This section applies if a device is to be tested for conformity with an applicable standard for compliance level 3.

             (2)  A test under this section must be carried out by an accredited testing body.

             (3)  The accredited testing body that tests a device must give a test report to the supplier of the device setting out:

                     (a)  the tests it has used; and

                     (b)  the results of those tests, including test data; and

                     (c)  whether the results of the tests show that the device conforms with the standard, within the meaning of section 17.

17  Test results

             (1)  This section applies to a device tested for conformity with an applicable standard under section 16.

             (2)  A device conforms with the standard if:

                     (a)  the test measurement is within the relevant test limit; and

                     (b)  the uncertainty range is within the relevant test limit.

             (3)  A device does not conform with the standard if:

                     (a)  the test measurement is not within the relevant test limit; or

                     (b)  the uncertainty range, or a part of the uncertainty range, is not within the relevant test limit.

             (4)  For measurements of radiated emissions, a device is to be assessed for conformity or non‑conformity with the standard according to paragraphs (2)(a) and (3)(a) only.

          (4A)  If:

                     (a)  a standard specified as the standard for performance (the first‑mentioned standard) in an applicable standard permits test measurements to be taken in accordance with the requirements of a specified ETSI standard as an alternative to the requirements for test measurements in the first‑mentioned standard; and

                     (b)  test measurements are taken in accordance with the requirements of the specified ETSI standard;

a device is to be assessed for conformity or non conformity with the requirements of the ETSI standard in accordance with the provisions governing the interpretation of measurement results within that standard, and subsections (2) and (3) do not apply.

             (5)  In this section:

ETSI standard means a standard published by the European Telecommunications Standards Institute (ETSI).

test limit means a maximum or minimum value set by an applicable standard for a particular quantity subject to measurement.

test measurement means a value attributed to a particular quantity subject to measurement according to an applicable standard.

uncertainty range means a range of values relating to a test measurement, within which the dispersion of test measurements for the quantity subject to measurement could reasonably be expected to fall.

Part 4Requirements to be met after compliance label applied—devices to which Part 5 does not apply

Division 4.1Application

18  Application of Part 4

                   This Part applies to:

                     (a)  a device, other than a device to which Part 5 applies, if a supplier of the device applies a label to the device as a compliance label; and

                     (b)  a high‑risk device or a medium‑risk device to which subsection 8(3) applies.

Division 4.2Record keeping

19  Compliance records—general requirements

             (1)  A compliance record is a record that must be kept under section 20.

             (2)  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.

20  Keeping of records

             (1)  The supplier of the device must keep, for 5years after the device has ceased to be supplied in Australia:

                     (a)  the declaration of conformity relating to the device; and

                     (b)  the description of the device; and

                     (c)  for a high‑risk device that is shown, under section 16, to comply with an applicable standard—the records mentioned in section 21; and

                     (d)  for a medium‑risk device—the records mentioned in section 22; and

                     (e)  for a device to which a compliance label is not applied because of section 9C—the records mentioned in subsection 9C(3).

             (2)  If an agent of a manufacturer or importer keeps records for the manufacturer or importer that must be kept under subsection (1), the agent must also keep a copy of its agency agreement with the manufacturer or importer for the same period as those records are kept.

21  Records of compliance with applicable standard

                   For paragraph 20(1)(c), the records are:

                     (a)  the test report showing that the device conforms with the applicable standard; and

                     (b)  for a variant of the device—a statement by the supplier that:

                              (i)  identifies the device and the variant; and

                             (ii)  describes the differences between the device and the variant; and

                            (iii)  includes an explanation of how the differences mentioned in subparagraph (ii) do not affect the variant’s conformity with the applicable standard.

22  Records of compliance with compliance level 2

                   For paragraph 20(1)(d), the records are records of the reasonable written evidence mentioned in paragraph 14(1)(b).

Division 4.3Availability of compliance records for inspection

23  Where compliance records are to be available

                   The supplier must ensure that the compliance records for the device are available at the principal business address in Australia of the supplier.

24  Provision of information to authorised officer

             (1)  An authorised officer may, in writing, require the supplier 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 day specified in 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 day specified in 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 the records to the supplier as soon as practicable and, in any case, within 60 days after receiving the document.

             (6)  If an authorised officer believes that the records kept by the supplier do not provide sufficient evidence that the device complies with each applicable standard, the officer may, in writing, require the supplier to give to the officer a test report from an accredited testing body showing that the device either complies or does not comply with each applicable standard.

25  Testing of items by testing body

             (1)  An authorised officer may, in writing, require the supplier of a device to give up to 3 samples of the device to an accredited testing body specified by the officer, for testing to determine whether the device complies with an applicable standard.

             (2)  The supplier must comply with the request within 10 working days after the day specified in the request.

             (3)  The supplier must attempt to obtain from the body a receipt for the samples, specifying that the samples have been received by the body and the date when the samples were received by the body.

             (4)  On receiving a request from ACMA, the supplier must:

                     (a)  give the receipt to ACMA; or

                     (b)  if the supplier has been unable to obtain a receipt, satisfy ACMA that the supplier made reasonable attempts to obtain a receipt.

             (5)  ACMA must make arrangements with the body to ensure that the samples are returned to the supplier within a reasonable period after they have been tested.

             (6)  In this section, device includes a variant of the device.

Part 5Requirements to be met after compliance label applied—devices imported from New Zealand

 

26  Purpose of Part 5

                   This Part provides ways for ACMA to work out whether a device imported into Australia from New Zealand complies with New Zealand labelling legislation dealing with the use of the C‑Tick mark.

Note 1:       Subsection 4(4) explains when a device complies with New Zealand labelling legislation.

Note 2:       A device that is imported into Australia and complies with the New Zealand labelling legislation dealing with the C‑Tick mark must also comply with the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2003.

27  Application of Part 5

                   This Part applies to a device that is imported into Australia from New Zealand.

28  Importer taken to have labelled device

                   For this Part, the importer of a device is taken to have labelled the device under Part 2.

29  Provision of information to authorised officer

             (1)  An authorised officer may, in writing, require the importer of a device to give to the officer specified New Zealand compliance records for the device.

             (2)  If the request is for a specified record, the importer must produce the record within 10 working days after the day specified in the request.

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

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

             (5)  The authorised officer must return the records to the importer as soon as practicable and, in any case, within 60 days after receiving the document.

             (6)  If an authorised officer believes that records provided under this section by the importer do not provide sufficient evidence that the device complies with New Zealand labelling legislation, the officer may, in writing, require the importer to give to the officer a test report from an accredited testing body showing that the device either complies or does not comply with an applicable standard.

             (7)  In this section:

New Zealand compliance records means the documents mentioned in paragraph 4(a) of the New Zealand Compliance Notice for level of conformity 1, 2 or 3.

30  Testing of items by testing body

             (1)  An authorised officer may, in writing, require the importer of a device to give up to 3 samples of the device an accredited testing body specified by the officer, for testing whether the device complies with an applicable standard.

             (2)  The importer must comply with the request within 10 working days after the day specified in the request.

             (3)  The importer must attempt to obtain from the body a receipt for the samples, specifying that the samples have been received and the date when the samples were received.

             (4)  On receiving a request from ACMA, the importer must:

                     (a)  give the receipt to ACMA; or

                     (b)  if the importer has been unable to obtain a receipt, satisfy ACMA that the supplier made reasonable attempts to obtain a receipt.

             (5)  ACMA must make arrangements with the body to ensure that the samples are returned to the importer within a reasonable period after they have been tested.

             (6)  In this section, device includes a variant of the device.


 

Schedule 1Compliance marks

(subsection 4(1), definitions of C‑Tick mark and RCM)

Part 1C‑Tick mark

 

 

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

 

Part 2RCM

 

 

Note:          The RCM is a protected symbol for section 188A of the Act.

Schedule 2Applicable standards and compliance levels

(subsection 4(1), definition of applicable standard)

 

 

Item

Applicable standard

Compliance Level

1

Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008

3

2

Radiocommunications (HF CB and Handphone Equipment) Standard 2008

3

3

Radiocommunications (Cordless Telephone) Standard 2008

1

4

Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment—Aeronautical Radio Service) Standard 2012

3

5

Radiocommunications (MF and HF Radiotelephone Equipment—International Maritime Mobile Service) Standard 2002

3

6

Radiocommunications (Paging Service Equipment) Standard 2002

3

7

Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

3

8

Radiocommunications (MF and HF equipment—Land Mobile Service) Standard 2003

3

10

Radiocommunications (Short Range Devices) Standard 2004

1

11

Radiocommunications (UHF CB Radio Equipment) Standard 2011 (No. 1)

3

12

Radiocommunications (VHF Radiotelephone Equipment—Maritime Mobile Service) Standard 2004

3

13

Radiocommunications (Analogue Speech (Angle Modulated) Equipment) Standard 2005

3

14

Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2005

3

15

Radiocommunications (Digital Cordless Communications Devices—DECT Devices) Standard 2007

2

16

Radiocommunications (Digital Cordless Communications Devices—PHS Devices) Standard 2007

2


Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Radiocommunications Devices (Compliance Labelling) Notice 2003.

 

Title

Gazettal or FRLI registration date

Commencement
date

Application, saving and transitional provisions

Radiocommunications Devices (Compliance Labelling) Notice 2003

10 Dec 2003 (see Gazette2003, No. GN49)

10 Dec 2003

 

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1)

1 Sept 2004 (see Gazette 2004, No. GN35)

1 Sept 2004

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2005 (No. 1)

3 June 2005 (see F2005L01404)

15 June 2005

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No. 1)

31 Aug 2007 (see F2007L03473)

1 Sept 2007

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2008 (No. 1)

25 June 2008 (see F2008L02156)

26 June 2008

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2008 (No. 2)

12 Dec 2008 (see F2008L04655)

13 Dec 2008

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2010 (No. 1)

29 Mar 2010 (see F2010L00761)

31 Mar 2010

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2011 (No. 2)

26 May 2011 (see F2011L00864)

27 May 2011 (see s. 2(c))

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2012 (No. 1)

21 Aug 2012 (see F2012L01724)

29 Aug 2012 (see s. 2(b) and Gazette 2012, No. GN34)

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No. 1)

23 Jan 2013 (see F2013L00085)

1 Mar 2013

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No.2)

16 Sept 2013 (see F2013L01696)

17 Sept 2013

__

 

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Radiocommunications Devices (Compliance Labelling) Notice 2003.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

Part 1

 

s. 4......................................

am. 2008 No. 2; 2010 No. 1; 2013 No. 1

ad. 2013 No.2

Note to s. 6.........................

rep. 2013 No. 1

Note to s.7..........................

am. 2013 No. 1

Part 2

 

s. 9......................................

am. 2008 No. 2; 2010 No. 1

 

Note to ss.9(2)………………

rs. 2013 No. 1

ad. 2013 No.2

s. 9A...................................

ad. 2010 No. 1

s. 9B...................................

ad. 2010 No. 1

 

rs. 2013 No. 1

s. 9C...................................

ad. 2010 No. 1

s. 9D...................................

ad. 2010 No. 1

 

Part 2A

Heading to Part 2A………….

s.9E…………………………

am. 2013 No. 1

 

ad. 2013 No.2

ad. 2013 No.2

Part 3

 

Division 3.2

 

Heading to Div. 3.2.............
of Part 3

rs. 2013 No. 1

s. 11....................................

am. 2008 No. 2; 2010 No. 1

 

rs. 2013 No. 1

s. 11A.................................

ad. 2013 No. 1

s. 11B.................................

ad. 2013 No. 1

s. 11C.................................

ad. 2013 No. 1

Part 3

 

Division 3.3

 

s. 12....................................

am. 2013 No. 1

Division 3.4

 

s. 17....................................

am. 2008 No. 2

Part 4

 

Division 4.2

 

s. 20....................................

am. 2010 No. 1

Division 4.3

 

s. 25....................................

am. 2008 No. 2

Part 5

 

s. 26....................................

am. 2008 No. 2

s. 30....................................

am. 2008 No. 2

Schedule 1

 

Schedule 1..........................

am. 2013 No. 1

Schedule 2..........................

rep. 2013 No. 1

Schedule 2

 

Heading to Schedule 3
Renumbered Schedule 2...

2013 No. 1

Schedule 3..........................

rs. 2004 No. 1

 

am. 2005 No. 1; 2007 No. 1; 2008 Nos. 1 and 2; 2010 No. 1; 2011 No. 2; 2012 No. 1

Schedule 4..........................

rs. 2008 No. 2

 

rep. 2010 No. 1

Schedule 5..........................

rs. 2008 No. 2

 

rep. 2010 No. 1

 

Endnote 3—Application, saving and transitional provisions

This endnote sets out applications, saving and transitional provisions for amendments of the Radiocommunications Devices (Compliance Labelling) Notice 2003.

There are no application, saving or transitional provisions.

 

Endnote 4—Uncommenced amendments

This endnote sets out amendments of the Radiocommunications Devices (Compliance Labelling) Notice 2003 that have not yet commenced.

There are no uncommenced amendments.

 

 

Endnote 5—Misdescribed amendments

This endnote sets out amendments of the Radiocommunications Devices (Compliance Labelling) Notice 2003 that have been misdescribed.

There are no misdescribed amendments.