Federal Register of Legislation - Australian Government

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Notices & Notifications as made
This notice amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 to specify the Regulatory Compliance Mark (RCM) as the compliance mark to indicate compliance with the radiocommunications regulatory requirements and to phase out use of the C-Tick mark as the compliance mark.
Administered by: Broadband, Communications and the Digital Economy
Made 18 Jan 2013
Registered 23 Jan 2013
Tabled HR 05 Feb 2013
Tabled Senate 05 Feb 2013
Date of repeal 02 Mar 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Notice under section 182 of the Radiocommunications Act 1992.

Dated 18th January 2013

Chris Chapman
[signed]
Member

Richard Bean
[signed]
General Manager / Member

 

 

Australian Communications and Media Authority


1              Name of Notice

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

2              Commencement

                This Notice commences on:

(a)    1 March 2013; or

(b)   the day on which it is published in the Gazette;

whichever occurs last.

                 Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

3              Amendment of Radiocommunications Devices (Compliance Labelling) Notice 2003

                Schedule 1 amends the Radiocommunications Devices (Compliance Labelling) Notice 2003.


Schedule 1        Amendments

(section 3)

[1]           Subsection 4 (1), definition of applicable standard

omit

Schedule 3

insert

Schedule 2

[2]           Subsection 4 (1)

insert

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.

 

[3]           Subsection 4 (1), note after the definition of RCM

omit

[4]           Section 6, note

omit

[5]           Section 7, note

omit

C-Tick

insert

compliance

[6]           Section 9

substitute    

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.

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.

[7]           Section 9B

substitute    

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.

[8]           Subsection 9D (4)

omit

Subsection 9 (5)

insert

Subsection 9 (3)

[9]           Part 3, Division 3.2, heading

substitute

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

[10]         Section 11

substitute

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.

[11]         Subsection 12 (1)

omit

Schedule 3

insert

Schedule 2

[12]         Subsection 12 (2)

omit

Schedule 3

insert

Schedule 2

[13]         Schedule 1, Part 1, note after C-Tick mark design

substitute

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

[14]         Schedule 1, Part 2, note after RCM design

substitute

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

[15]         Schedule 2

omit

[16]         Schedule 3, heading

omit

Schedule 3

insert

Schedule 2