This Notice is the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003.

This Notice commences on 1 March 2003.

The Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2001 is revoked.

(1) In this Notice:

accredited testing body means a laboratory that is described in subsection (2) or (3).

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 means the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2003, as in force from time to time.

ARPANSA standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency and assigned the number ISBN 0-0642-79400-6.

Note The ARPANSA standard may be obtained from the Australian Radiation Protection and Nuclear Safety Agency website http://www.arpansa.gov.au .

AS 2772.2 means the Australian Standard Radiofrequency radiation Part 2: Principles and methods of measurement – 300 kHz to 100 GHz (AS 2772.2) published by Standards Australia.

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 the ACMA for sections 24 and 25.

aware user device means a hand‑held or body‑worn radiocommunications transmitter that operates on a push‑to‑talk basis and is intended for use as:

(a) an ambulatory station; or

(b) a land mobile system station; or

(d) a citizens band radio station; or

(e) an amateur station.

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.

category A device has the meaning given by section 5.

category B device means a device that is not a category A device.

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

Note Section 8 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 in Part 2 of Schedule 1.

compliance record has the meaning given by section 20.

C-Tick mark means the mark set out in Part 2 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, test report or assessment against the applicable standard 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).

device means a mobile station to which the applicable standard applies.

human body means the head, neck and trunk but not the limbs.

mobile station means a transmitter that is established for use:

(a) in motion, on land, water or in the air; or

(b) in a stationary position at unspecified points on land, water or in the air.

Examples of a mobile station

1 A wireless modem operating in a laptop computer.

2 A hand-held cellular or PCS telephone with a radiating antenna in the handpiece.

NATA means the National Association of Testing Authorities, Australia (ACN 004 379 748).

non-aware user device means a device other than an aware user device.

normal position of use, of a device, means:

(a) the position specified in the measurement method applicable to the device in section 10, 11 or 12 of the applicable standard; or

(b) if paragraph (a) does not apply, the common use spatial orientation of the device with respect to the user; or

(c) if paragraphs (a) and (b) do not apply, the spatial orientation of the device with respect to the user defined by the manufacturer.

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.

Note The RCM is reproduced from the Appendix to AS/NZS 4417.

Specific Absorption Rate, or SAR, means the rate at which RF energy is absorbed in body tissues, expressed as watts per kilogram (‘W/kg’).

supplier means:

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

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

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

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

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

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

(2) Before 1 March 2005, an accredited testing body is a laboratory that is:

(a) accredited by:

(i) NATA; or

(ii) an accreditation body of a foreign country, being a body with whom NATA has a mutual recognition arrangement or agreement;

to conduct tests for specific absorption rate; or

(b) certified in accordance with International Standards Organisation ISO 9001:2000, as in force from time to time; or

(c) accredited, in accordance with International Standards Organisation ISO 17025, as in force from time to time, to test the specific absorption rate.

(3) On and after 1 March 2005, an accredited testing body is a laboratory that is accredited by:

(a) NATA; or

(b) an accreditation body of a foreign country, being a body with whom NATA has a mutual recognition arrangement or agreement;

to conduct tests for specific absorption rate.

Note On and from 1 March 2005, category B devices whose normal position of use is not more than 20cm from the human body must have tests for specific absorption rate conducted only by the bodies mentioned in subsection (3).

(4) 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, as in force from time to time.

(5) Reference may be made in this Notice to an Australian and New Zealand Standard by number alone without inclusion of the edition or year of publication of the standard.

Example

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

(6) A term that is:

(a) used (but not defined) in this Notice; and

(b) defined in the Glossary of the ARPANSA standard;

has the meaning given by the Glossary.

5 Category A devices

(1) A category A device is a device that meets the criteria in subsection (2) or (3).

(2) The criteria in this subsection are that the device:

(a) is an aware user device; and

(b) is not required to be evaluated under section 5.2 of Schedule 5 to the ARPANSA Standard.

(3) The criteria in this subsection are that the device:

(a) is a non-aware user device; and

(b) is not required to be evaluated under section 5.3 of Schedule 5 to the ARPANSA standard.

6 Transitional

(1) The Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2001, as in force immediately before 1 March 2003, continues to apply to a radiocommunications device to which the old standard applies under section 7 of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2003.

(2) Subsection (1) ceases to apply at the end of 29 February 2004.

7 Application of this Notice to devices

(1) This Notice applies to a device if:

(a) the device is manufactured in Australia, or imported, for supply; and

(b) the applicable standard applies to it.

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

(3) This Notice does not apply to a category B device for which there is no applicable measurement method under the applicable standard.

8 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 subsection 4 (1)) 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.

Part 2 Requirements to be met before a label may be applied

Division 2.1 Application of Part 2

9 No application to variants of a device

This Part does not apply in relation to a variant of a device if:

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

(b) the electromagnetic radiation exposure in relation to the variant is not likely to exceed that of the device.

Division 2.2 Permission to use regulatory marks and issue supplier code numbers

10 Notification

(1) Before a supplier applies a label with a C-Tick mark to a device as a compliance label for the first time, the supplier must have obtained from the ACMA:

(a) permission to use the C-Tick mark as part of the label; and

(b) a supplier code number.

(2) 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.

(3) Before a supplier applies a label with the RCM to a device as a compliance label for the first time, the supplier must register the supplier’s use of the RCM with the ACMA in accordance with AS/NZS 4417.1.

(4) This section does not apply if the ACMA has previously issued the supplier with a supplier code number and:

(a) an approval to use a 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 mark under the Radiocommunications Devices (Compliance Labelling) Notice 1996, as in force from time to time.

11 Declaration of conformity

(1) Before a supplier of a device applies a label to the device as a compliance label, the supplier must make a declaration of conformity for the device.

(2) Subsection (1) is taken to be satisfied by an importer of a device, or an agent of the importer, who applies a label to the device as a compliance label without making a declaration of conformity for the device if:

(a) the device complies with the applicable standard; and

(b) the device was manufactured outside Australia; and

(c) the manufacturer of the device made a declaration of conformity for the device before the label was applied to the device.

(3) A reference to manufacturer in a declaration of conformity made in accordance with paragraph (2) (c) is taken to include a reference to a person who manufactures a device outside Australia.

(4) A manufacturer that manufactures a device outside Australia and made a declaration of conformity in accordance with paragraph (2) (c) need not provide:

(a) a supplier code number; or

(b) an Australian Business Number (ABN); or

(d) an Australian Registered Body Number (ARBN).

Division 2.3 Compliance levels

12 Compliance levels

(1) Before a supplier applies a compliance label to a device, the supplier must comply with the compliance level for the device.

(2) The compliance level for a device is:

(a) for a category A device — compliance level 1; and

(b) for a category B device for which the normal position of use is more than 20cm from the human body — compliance level 2; and

(c) for a category B device for which the normal position of use is not more than 20cm from the human body — compliance level 3.

13 Compliance level 1

To comply with compliance level 1, the supplier of a device must:

(a) prepare a description of the device; and

(b) make a declaration of conformity for the device in accordance with section 11.

Note Subsection 11 (2) sets out the circumstances in which the requirement for a supplier of a device to make a declaration of conformity is taken to be satisfied by the overseas manufacturer of the device making the declaration.

14 Compliance level 2

To comply with compliance level 2, the supplier of a device must:

(a) comply with compliance level 1; and

(b) show conformity with the applicable standard by a report of the results of assessment under section 16.

15 Compliance level 3

To comply with compliance level 3, the supplier of a device must:

(a) comply with compliance level 1; and

(b) show conformity with the applicable standard by a report of the results of assessments under section 16 by an accredited testing body.

Division 2.4 Assessment of devices

16 Assessment

If a device is assessed for conformity with the applicable standard, the supplier of the device must obtain from the person that assessed the device a report addressing:

(a) the measurements or evaluation methods that were used; and

(b) the results of the measurements or evaluations, including any measurement or evaluation data; and

Part 3 Form and placement of a compliance label

17 Application of Part 3

(1) This Part applies to a device if the supplier for the device has complied with the compliance level for the device under Part 2.

(2) This Part also applies to a variant of the device.

18 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 19 (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 outside Australia who is authorised by the importer or agent to apply labels on behalf of the importer or agent.

19 What is a compliance label

(1) A compliance label for a device is a label that meets the requirements of this section and sections 19A to 19D.

(2) The label must be in the form set out in Part 1 of Schedule 1.

(3) The label must include the information specified in at least 1 of the paragraphs in subsection (4) about:

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

(b) in relation to a device manufactured in Australia — the manufacturer.

(4) The information is the following:

(a) business name and business address in Australia;

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

(d) Australian Company Number or ACN under section 118 of the Corporations Act 2001;

(e) Australian Registered Body Number or ARBN under Part 5B.2 of the Corporations Act 2001;

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

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

(h) supplier code number issued by the ACMA, or in respect of the RCM, by Standards Australia International Limited.

Location of compliance label

(5) Subject to sections 19C and 19D, the label must be placed on the device on a place that is accessible by the user.

Note Section 19C deals with situations where applying a label to the surface of a device is not possible or practical. Section 19D gives a supplier the option of labelling some types of device electronically.

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

(7) The information required by subsection (3) and the 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.

19A 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.

19B Symbols and characters on compliance label

(1) The information on a compliance label must be legible, with alphanumeric characters (if any) at least 1 mm high.

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

19C 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.

19D 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 19 (5) and sections 19A and 19C do not apply to a label applied under this section.

Part 4 Requirements to be met after labels applied

Division 4.1 Keeping of records

20 Compliance records

A compliance record is a record that must be kept under section 21.

21 Keeping of records — general requirements

(1) If a supplier of a device applies a label to the device as a compliance label, the supplier must keep, for 5 years 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

(d) for a device to which a compliance label is not applied because of section 19C — the records mentioned in subsection 19C (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.

(3) A compliance record:

(a) must be in English; and

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

22 Records of testing for category B devices

For paragraph 21 (1) (c), the records are:

(a) the report issued under section 16 showing that the device meets the applicable standard; and

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

(i) identifies the device and its variant; and

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

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

(iv) includes evidence that the electromagnetic radiation exposure in relation to the variant is not likely to exceed that of the device.

Division 4.2 Availability of compliance records for inspection

23 Where compliance records are to be available

If a supplier of a device applies a label to the device as a compliance label, 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) If a supplier of a device applies a label to the device as a compliance label, an authorised officer, may in writing, require the supplier to give to the officer specified compliance records.

(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:

(a) may make copies of the records; and

(b) must return the records given by the supplier as soon as practicable and, in any case, not more than 60 days after receiving the records.

(6) If an authorised officer believes that the records kept by the supplier do not provide sufficient evidence that the device complies with the 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 the applicable standard.

25 Testing of items by testing body

(1) If a supplier of a device applies a label to the device as a compliance label, an authorised officer may, in writing, require the supplier of a device to give up to 3 samples of the device to a laboratory accredited by NATA and specified by the officer, for testing 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 laboratory a receipt that specifies the samples have been received and the date when they were received.

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

(a) give the receipt to the ACMA; or

(b) if the supplier is unable to obtain a receipt — satisfy the ACMA that the supplier made reasonable attempts to obtain a receipt.

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

(6) If testing required under section 25 shows that the device does not comply with the standard, the supplier must meet the financial costs of the testing.

(7) If testing required under section 25 shows that the device complies with the standard, the ACMA must meet the financial costs of the testing.

(8) In this section:

device includes a variant of the device.

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (Compliance Labelling -–Electromagnetic Radiation) Notice 2003	28 Feb 2003 (see Gazette 2003, No. S62)	1 Mar 2003	—
Radiocommunications (Compliance Labelling –-Electromagnetic Radiation) Amendment Notice 2006 (No. 1)	8 Feb 2006 (see F2006L00342)	9 Feb 2006	—
Radiocommunications (Compliance Labelling –-Electromagnetic Radiation) Amendment Notice 2010 (No. 1)	29 Mar 2010 (see F2010L00762)	31 Mar 2010	—

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
S. 4.................	am. 2010 No. 1
Part 2
Division 2.2
S. 10.................	am. 2010 No. 1
Division 2.3
S. 15.................	am. 2006 No. 1
Part 3
S. 19.................	am. 2010 No. 1
S. 19A...............	ad. 2010 No. 1
S. 19B...............	ad. 2010 No. 1
S. 19C...............	ad. 2010 No. 1
S. 19D...............	ad. 2010 No. 1
Part 4
Division 4.1
S. 21.................	am. 2010 No. 1
Division 4.2
S. 25.................	am. 2010 No. 1
Schedule 2............	rep. 2010 No. 1
Schedule 3............	rep. 2010 No. 1


Either the C-tick mark or the RCM	Information required under subsection 19 (3)