Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015

made under subsection 407(1) 1 of the

Telecommunications Act 1997

Compilation No. 4

Compilation date:    2 March 2023

Includes amendments up to: F2023L00151

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 that shows the text of the law as amended and in force on 2 March 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 – Preliminary

1 Name of Instrument

  This Instrument is the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015.

Part 2 – Interpretation

4 Definitions and other interpretative provisions

 (1) In this Instrument:

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

accreditation body means a person or association that is an accreditation body for the purposes of section 409 of the Act.

ACN has the meaning given by section 9 of the Corporations Act 2001.

Act means the Telecommunications Act 1997.

applicable technical standard has the meaning given by:

(a) in the case of customer equipment (other than cabling-related customer equipment) – section 8; or

(b) in the case of customer cabling and cabling-related customer equipment – clause 1 of Schedule 4.

ARBN has the meaning given by section 9 of the Corporations Act 2001.

A-tick means the compliance mark set out in Part 2 of Schedule 3.

authorised officer means:

(a) an inspector; or

(b) a person who is authorised, in writing by the ACMA, to be an authorised officer for the purposes of this Instrument.

built-in display, in relation to an item that is customer equipment (other than cabling-related customer equipment), means an electronic display or screen integral to the item, and does not include a display or screen that can be used independently of the item.

cabling-related customer equipment means customer equipment that is a passive device, including any connecting hardware, used or intended for use, in connection with customer cabling, on the customer side of the boundary of a telecommunications network, but does not include:

(a) a product intended primarily for the distribution of AC mains supply; or

(b) a product intended to be used for telecommunications earthing systems or telecommunications power distribution.

Note    See the example following the table in clause 1 of Schedule 4.

CB Testing Laboratory has the meaning given by the IECEE CB Rules of Procedure.

compliance label means a label required to be applied to an item by section 9 or clause 4 of Schedule 4.

compliance records has the meaning given by section 22.

corporation has the meaning given by section 57A of the Corporations Act 2001.

criminal law-enforcement agency has the meaning given by section 5 of the Telecommunications (Interception and Access) Act 1979.

declarant, in relation to a declaration of conformity, means the person who makes the declaration.

 declaration of conformity has the meaning given by section 6.

 endorsed test report means a test report for an item that shows the endorsement or mark of:

(a) an accreditation body;

(b) a body with which an accreditation body has an agreement for the mutual recognition of test reports; or

(c) if there is an agreement to which Australia is a party that:

(i) deals with mutual recognition in relation to conformity assessment; and

(ii) specifies, or provides for the specification of, a body that, for the purposes of the agreement, is able to conduct testing against, or in accordance with, an applicable technical standard in relation to the item;

– the body that has been so specified in, or under, the agreement.

Note An example of an endorsement or mark of such a body is the trade mark of “NATA” which stands for the National Association of Testing Authorities, Australia.

high risk applicable technical standard, in relation to an item, means an applicable technical standard, or a part of an applicable technical standard, in relation to the item that is specified to be a high risk standard in:

(a) if the item is customer equipment (other than cabling-related customer equipment) – column 4 of the table in Schedule 1; or

(b) if the item is customer cabling or cabling-related customer equipment – column 4 of the table in clause 1 of Schedule 4.

Note If only a part of an applicable technical standard in relation to an item is specified to be a high risk standard, that part is a high risk applicable technical standard, and the remainder is not such a standard, in relation to the item.  For example, the part of the Telecommunications (Mobile Equipment Air Interface) Technical Standard 2022 that relates to AS/CA S042.1:2022 (within the meaning of that technical standard) is a high risk applicable standard, and the remainder is not such a standard, in relation to an item to which that part applies.

IECEE CB Rules of Procedure means the Rules of Procedure of the IECEE Certification Body (CB) Scheme contained in the publication ‘IECEE 02 – Scheme of the IECEE for Mutual Recognition of Test Certificates for Electrotechnical Equipment and Components (CB Scheme) – Rules of Procedure’ published by the International Electrotechnical Commission as in force from time to time.

Note The IECEE CB Rules of Procedure can be accessed from the IECEE CB Scheme’s website at http://www.iecee.org/cbscheme/default.htm.

IECEE CB Test Certificate means a certificate issued by an Issuing and Recognizing NCB in accordance with the IECEE CB Rules of Procedure.

IECEE CB Test Report means a test report issued by a CB Testing Laboratory in accordance with the IECEE CB Rules of Procedure, which is accompanied by an IECEE CB Test Certificate.

IEC standard means an international standard published by the International Electrotechnical Commission.

included in a class of items has the meaning given by section 5.

industry standard means a standard approved by Standards Australia or any other body or association.

Note In this Instrument, an industry standard is not a standard referred to in section 108 of the Act.

Issuing and Recognizing NCB has the meaning given by the IECEE CB Rules of Procedure.

Note  In the IECEE CB Rules of Procedure, “NCB” stands for National Certification Body.

item means:

 (a) in Part 4 and Schedule 1 – a thing that is customer equipment (other than cabling-related customer equipment), and includes a modified item;

 (b) in Schedule 4 – a thing that is customer cabling or cabling-related customer equipment, and includes a modified item; or

 (c) in any other case – a thing that is customer equipment or customer cabling, and includes a modified item.

Note  Subsection 7(1) provides that this Instrument does not apply to certain items.

manufacturer, in relation to an item, includes (but is not limited to) a person who modifies the item.

modified item means an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported and, for the avoidance of doubt, is the item as modified.

national database means a database designated in writing by the ACMA for the purposes of this Instrument.

Note A database may be designated by the ACMA for the purposes of this Instrument even if it forms part of another database or also serves purposes other than purposes of this Instrument.

non-compliance label means a label required to be applied to an item by section 13 or clause 11 of Schedule 4.

original item has the meaning given by subsection 5(1).

original modified item has the meaning given by subsection 5(2).

previous Notice means the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.

RCM means the regulatory compliance mark set out in Part 1 of Schedule 3.

representative of the manufacturer or importer means:

(a) an employee of the manufacturer or importer;

(b) if the manufacturer or importer is a corporation – an officer of the corporation, within the meaning of section 9 of the Corporations Act 2001;

(c) if the manufacturer or importer is an entity that is neither an individual nor a corporation – an officer of the entity, within the meaning of section 9 of the Corporations Act 2001; or

(d) another person authorised in writing for the purposes of this Instrument by:

(i) the manufacturer or importer;

(ii) an employee of the manufacturer or importer; or

(iii) an officer of the manufacturer or importer.

significant event means:

(a)               an event declared by the ACMA under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021; or

(b)               if an event (the relevant event) was a significant event (within the meaning of this Instrument as in force immediately before the commencement of the Telecommunications Legislation Amendment (Significant Event) Instrument (No. 1) 2023) and the whole or a part of the relevant event occurs after that commencement – the relevant event.

Note The Radiocommunications Equipment (General) Rules 2021 and the Telecommunications Legislation Amendment (Significant Event) Instrument (No. 1) 2023 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

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

technical standard means a technical standard made by the ACMA under subsection 376(1) of the Act.

Note  A technical standard is a legislative instrument that may incorporate all or one or more parts of an industry standard as in force at the times mentioned in that technical standard.

test report, for an item, means a report in English that shows the results of a test of the item against, or in accordance with, an applicable technical standard in relation to the item.

working day, in relation to the time for doing a thing, means a day that is not:

 (a) a Saturday or a Sunday; or

 (b) a public holiday;

in the place in which the thing is to be or may be done.

Note In accordance with paragraph 13(1)(b) of the Legislation Act 2003, other expressions used in this Instrument have the same meaning as in the Act, including the following:

(a)         ACMA (see section 7);

(b)        boundary of a telecommunications network (see section 22);

(c)         certification body (see section 410);

(d)        customer cabling (see sections 7 and 20);

(e)         customer equipment (see sections 7 and 21);

(f)         facility (see section 7 and subsection 374(2));

(g)        import (see section 7);

(h)        inspector (see sections 7 and 533);

(i)          label and when it is taken to be applied (see section 406);

(j)          manager of a telecommunications network or facility (see section 375);

(k)        manufacturer or importer of customer equipment or customer cabling (see section 406A);

(l)          public mobile telecommunications service (see sections 7 and 32);

(m)      satellite-based facility (see section 7);

(n)        standard telephone service (see section 7);

(o)        telecommunications network (see section 7 and subsection 374(1)).

(2) If, apart from this subsection, a provision of this Instrument would impose an obligation on a manufacturer or importer of an item and the item was imported:

(a) if the item has subsequently been modified – the obligation is imposed on the manufacturer who modified the item; or

(b) otherwise – the obligation is imposed on the importer.

(3) For the avoidance of doubt, this Instrument does not apply to a manufacturer of an item unless:

(a) the item was manufactured in Australia; or

(b) the item was modified by the manufacturer in Australia (irrespective of whether the item was manufactured in Australia).

(4) In this Instrument, a reference to the date a modified item was made is a reference to the date of making of the modification which resulted in that item.

(5) In this Instrument, unless the contrary intention appears:

(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.

Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2 All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3 For references to any other kind of instrument, see section 589 of the Act.

5 Class of items and obligations relating to certain compliance records

 (1) In this Instrument:

(a) an item (other than a modified item) is included in a class of items if the item:

(i) is identical to each other item of the class (irrespective of when the items were manufactured or imported); and

(ii) has the same manufacturer or importer as each other item; and

(b) the original item, in relation to the class of items, is the item of the class that was the first to be manufactured in Australia or imported.

 (2) In this Instrument:

(a) a modified item is included in a class of items if:

(i) the modification which resulted in that item is identical to the modification which resulted in each other item of the class (irrespective of when the items were so modified);

(ii) the modified item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported); and

(iii) the modified item has the same manufacturer or importer as each other item; and

(b) the original modified item, in relation to the class of items, is the item of the class that was the first to be so modified in Australia or imported.

 (3) If:

(a) a provision of this Instrument requires a manufacturer or importer of an item to do any of the following things:

(i) complete a declaration of conformity for the item in accordance with subsection 20(1);

(ii) prepare a description of the item in accordance with subsection 23(3);

(iv) prepare a written statement in relation to the item in accordance with:

(A) subsection 11(4);

(B) paragraph 13(2)(b);

(C) subsection 21(2);

(D) subclause 6(3) of Schedule 4; or

(E) paragraph 11(2)(b) of Schedule 4;

(b) the item is included in a class of items;

(c) the manufacturer or importer has done such a thing in relation to another item of the class; and

(d) the declaration, description or statement which resulted from doing such a thing would be the same for each item of the class;

the manufacturer or importer is taken to have done such a thing in relation to the first-mentioned item, and the doing of such a thing is taken to have resulted in the declaration, description or statement referred to in paragraph (d).

Example If a manufacturer or importer has prepared a declaration of conformity for an item that is included in a class of items, the manufacturer or importer is not required to prepare such a declaration in the same terms for any other item included in the class.

6 Declaration of conformity

In this Instrument, declaration of conformity, for an item, means a declaration that:

(a) is made by:

(i) if the manufacturer or importer of the item is a corporation  – any of the following:

(A) a director of the manufacturer or importer;

(B) a secretary of the manufacturer or importer;

(C) a person authorised by the manufacturer or importer to make the declaration;

(ii) if the manufacturer or importer of the item is an individual – the individual; or

(iii) if the manufacturer or importer of the item is, or is part of, an entity that is neither a corporation nor an individual – any of the following:

(A)        an officer of the entity within the meaning of the Corporations Act 2001; 

(B)        a person authorised by the manufacturer or importer to make the declaration;

(b) contains the following information:

(i) the current model number of the item and, if relevant, any related model numbers;

(ii) the name of the manufacturer or importer of the item and, if the manufacturer or importer is a body corporate, the ACN or ARBN of the manufacturer or importer;

(iii) an address in Australia and contact details for the manufacturer or importer, or a representative of the manufacturer or importer;

Note Section 4 defines who is a representative of a manufacturer or importer.

(iv) the title of each applicable technical standard in relation to the item;

(v) the following date:

(A) if the item is included in a class of items – the date the original item of the class was manufactured in Australia or imported, or (in the case of a modified item) the date the original modified item of the class was made in Australia or imported;

(B) otherwise – the date the item was manufactured in Australia or imported, or (in the case of a modified item) the date the modified item was made in Australia or imported;

(vi) a statement that the declarant is reasonably satisfied, having had regard to particular documents, that the item complies with each applicable technical standard in relation to the item;

Note  See subsection 20(2) for the kinds of documents to which a person may have regard in order to be reasonably satisfied that an item complies with an applicable technical standard.

(vii) details of the documents to which the declarant has had regard for the purposes of subparagraph (vi);

Example  If, in accordance with paragraph 20(2)(b), the declarant has had regard to a test report prepared by an entity stating that the item complies with each applicable technical standard, subparagraph (b)(vii) would be satisfied if the declaration contained details identifying the document as a test report, the entity which prepared the test report and the date the test report was prepared.

(viii) a statement that the declarant:

(A) is satisfied that the information contained in the declaration is true and correct; and

(B) understands that giving false or misleading information is a serious offence;

(c) bears the signature of the declarant and the date the declaration was made.

Note 1  The ACMA may make a sample declaration of conformity available on its website at http://www.acma.gov.au.

Note 2  Section 137.1 of the Criminal Code imposes penalties for giving false or misleading information to the ACMA. Section 137.2 imposes penalties for producing false or misleading documents to the ACMA.  The ACMA may require documents to be produced to it under this Instrument or under the Act.

Part 3 – Application

7 Application of this Instrument

 (1) This Instrument applies to an item, other than an item mentioned in Schedule 2.

 (2) Schedule 4 has effect.

Note 1   Schedule 4 only applies to customer cabling and cabling-related customer equipment.

Note 2 If an item, or a class of items, to which this Instrument applies is also an item, or a class of items, to which equipment rules made under subsection 156(1) of the Radiocommunications Act 1992 applies, the requirements of this Instrument are additional to the requirements of those equipment rules.  A manufacturer or importer may have to comply with requirements of both this Instrument and those equipment rules.

Part 4 – Labelling requirements

Division 1 – Interpretation

8 Applicable technical standards

(1) This section sets out when a technical standard is an applicable technical standard in relation to an item for the purposes of this Instrument.

Note   This section deals with applicable technical standards for customer equipment (other than cabling-related customer equipment).  Clause 1 of Schedule 4 deals with applicable technical standards for customer cabling and cabling-related customer equipment.

 (2) A technical standard is an applicable technical standard in relation to an item if:

(a) the item is of a kind mentioned in column 1 of the table in Schedule 1;

(b) the technical standard is a corresponding applicable technical standard mentioned in column 2 of that table; and

(c) the technical standard consists of or includes requirements that apply to the item.

Division 2 – Applying a compliance label

9 Requirement to apply a compliance label

 (1) If:

 (a) there are one or more applicable technical standards in relation to an item; and

 (b) the item complies with each standard referred to in paragraph (a);

this section applies to the item.

 (2) The manufacturer or importer of the item must, before supplying the item, apply a compliance label to the item in accordance with Division 3.

Note The requirement to apply a compliance label to an item involves:

(a)            affixing the label to the surface of the item;

(b)           if it is impossible or impracticable to affix the label to the surface of the item because of the size or physical nature of the item – affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied; or

(c)            if the item has a built-in display – using the built-in display.

 (3) If:

(a) there is a reasonable likelihood that the item could be installed or operated in a manner which is inconsistent with a standard referred to in paragraph (1)(a); and

(b) the installation or operation of the item in such a manner could constitute a risk to public safety;

the manufacturer or importer must ensure that the item, when supplied, is accompanied by documentation that specifies how to install and operate the item in a manner which is consistent with the standard.

Division 3 – Form and application of a compliance label

10 Form of a compliance label

 (1) A compliance label must be:

(a) in the form of the RCM; or

(b) a QR code, or similar thing, if the relevant link is to information on a website that displays the RCM prominently.

 (2) The compliance label must be:

(a) durable; and

(b) at least 3 mm high. 

11 Application of a compliance label

 (1) A compliance label must be applied, in accordance with subsection (2) or (3), permanently or in a way that makes removal or obliteration difficult.

 (2) Subject to subsection (3) and section 12, a compliance label must be affixed to the surface of an item in a place that is readily accessible to a person.

Note  In this Division, a reference to an item is a reference to an item to which section 9 applies.

 (3) If, because of the size or physical nature of an item, it is impossible or impractical to affix a compliance label to the surface of the item, the compliance label must:

(a) be affixed to the external surface of the packaging used for the item;

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

(c)  be clearly visible on that external surface; and

(d) be incorporated in the documentation, including any warranty or guarantee certificate, that accompanies the item when supplied.

 (4) The manufacturer or importer of an item to which subsection (3) applies must, before supplying the item, prepare a written statement in relation to the item specifying:

(a) the reasons why subsection (3) applies to the item; and

(b) where, on the external surface of the packaging used for the item and in the documentation referred to in subsection (3), each compliance label has been applied.

Note See Note 2 to section 6.

12 Electronic labelling of customer equipment

(1) A manufacturer or importer of an item that has a built-in display may apply a compliance label to the item using the built-in display if the manufacturer or importer meets the requirements of this section.

(2) The manufacturer or importer must ensure that the documentation that accompanies the item when supplied sets out a method for displaying the label.

(3) The method for displaying the label must, when the item is being used by a person, make it difficult for the person to prevent the display of the label.

(4) Paragraph 10(2)(a) and subsection 11(1) do not apply to a compliance label applied in accordance with this section.

Division 4 – Applying a non-compliance label and preparing a written statement

13 Requirement to apply a non-compliance label and prepare a written statement

 (1) If:

 (a) there are one or more applicable technical standards in relation to an item; and

 (b) the item does not comply with each standard referred to in paragraph (a);

this section applies to the item.

(2)     The manufacturer or importer of the item must, before supplying the item:

(a)               apply a non-compliance label to the item; and

(b)               prepare a written statement in relation to the item;

in accordance with Division 5.

Note The requirement to apply a non-compliance label to an item involves affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied.

Division 5 – Form and application of a non-compliance label and preparation of a written statement

14 Form of a non-compliance label

(1)     A non-compliance label applied to an item must contain a statement to the effect that the item does not comply with each applicable technical standard in relation to the item.

Note   In this Division, a reference to an item is a reference to an item to which section 13 applies.

(2)     The statement must be:

(a)               in English; and

(b)               printed in a font of not less than 12 points.

(3) A non-compliance label must be durable.

15 Application of a non-compliance label

(1)    A non-compliance label must be applied, in accordance with subsection (2), permanently or in a way that makes removal or obliteration difficult.

(2)    A non-compliance label must be:

(a) affixed to the external surface of the packaging used for an item;

(b) clearly visible on that external surface; and

(c) incorporated in the documentation that accompanies the item when supplied.

16 Preparation of a written statement and obligation to keep the statement

 (1) A written statement prepared under paragraph 13(2)(b) in relation an item must:

(a) identify the item; and

(b) specify:

(i) where, on the external surface of the packaging used for the item and in the documentation referred to in paragraph 15(2)(c), each non-compliance label has been applied; and

(ii) the wording of the statement contained in each non-compliance label.

Note   See Note 2 to section 6.

 (2) A written statement prepared under paragraph 13(2)(b) in relation to an item must be kept for the period:

 (a) commencing:

 (i) if the item is included in a class of items – when the original item, or (in the case of a modified item) the original modified item, of the class is supplied in Australia; or

  (ii) otherwise – when the item is supplied in Australia; and

 (b) ending two years after the item or all items of the class cease to be supplied in Australia, whichever is the later.

Part 5 – Declaration of conformity and record keeping requirements

Division 1 – Application of this Part

17 Application of Part 5

This Part applies to:

(a) an item to which section 9 applies; and

(b) an item to which clause 4 of Schedule 4 applies.

Division 2 – Registration on national database

18 Registration on national database before compliance label is applied

 (1) A manufacturer or importer of an item must:

 (a) if the item is an item to which section 9 applies – before applying a compliance label to the item; or

 (b) if the item is an item to which clause 4 of Schedule 4 applies – before supplying the item;

  be registered within the meaning of subsection (2).

 (2) For the purposes of subsection (1), a manufacturer or importer of an item is registered only if the manufacturer or importer is registered on the national database.

19 Registration on national database

 (1) To be registered on the national database, a manufacturer or importer of an item (the person) must provide to the database:

(a) the person’s ABN;

(b) one of the following:

(i) if the person is a body corporate – the name and ACN of the body corporate;

(ii) if the person is an individual – the name of the individual;

(iii) in any case – a business name that is used by the person in connection with its business in relation to the supply of items and that is registered as a business name under the Business Names Registration Act 2011;

(c) the person’s address in Australia; and

(d) if the person is not an individual – the name and contact details of a representative of the manufacturer or importer.

 (2) If information included on the national database about the person changes, the person must provide the changed information to the database within 30 days after the change occurs.

Note 1 If a manufacturer or importer contravenes a specific requirement that must be met after a compliance label has been applied to an item, the manufacturer or importer may be guilty of an offence under section 415 of the Act.

Note 2 Information provided by a manufacturer or importer in accordance with this section for inclusion on the national database may be made publicly available.

Division 3 – Declaration of conformity

20 Declaration of conformity

 (1) A manufacturer or importer of an item must, before supplying the item, ensure that a declaration of conformity for the item has been completed in accordance with section 6.

Note 1 These documents are to be kept in accordance with this Part and made available in accordance with Part 6.

Note 2 If the item is a modified item, Division 4 also applies.

 (2) For the purposes of subparagraphs 6(b)(vi) and (vii):

(a) a person can only be reasonably satisfied that an item complies with a  high risk applicable technical standard if:

 (i) there is:

(A)  an endorsed test report;

(B)  a statement prepared by a certification body;

(C)  an IECEE CB Test Report that is accompanied by an IECEE CB Test Certificate, in relation to the requirements of an IEC standard for the item as well as any different requirements of the high risk applicable technical standard; or

(D)  a certificate issued under a law of a State or Territory that deals with the safety of electrical equipment;

containing information that indicates that the item or (if the item is included in a class of items) an item of the class complies with the high risk applicable technical standard; and

 (ii) the person has had regard to the document or documents;

Note 1 The kinds of documents mentioned in sub-subparagraphs (a)(i)(C) and (D) are only prepared or issued for items in relation to which the Telecommunications (Customer Equipment Safety) Technical Standard 2018 is an applicable technical standard.

Note 2 A certificate issued under a law of a State or Territory that deals with the safety of electrical equipment may be called a “Certificate of Approval”, a “Certificate of Conformity” or a “Certificate of Suitability”.

(b) a person may be reasonably satisfied that an item complies with an applicable technical standard (other than a high risk applicable technical standard) if:

 (i) there is a statement prepared by a certification body or a test report containing information that indicates that the item or (if the item is included in a class of items) an item of the class complies with the applicable technical standard; and

 (ii) the person has had regard to the document.

Note  Unlike paragraph (a), paragraph (b) does not limit the kinds of documents to which a person may have regard in order to be reasonably satisfied that an item complies with an applicable technical standard.

Division 4 – Additional requirements for modified items

21 Modified items

 (1) This section applies to a modified item.

 (2) The manufacturer or importer of the modified item must, before supplying that item, prepare a written statement that:

 (a) identifies the modified item;

 (b) identifies the modification which resulted in that item, being the difference between the item in its unmodified form (the unmodified item) and the modified item; 

(c) indicates whether the modification is or is not material and specifies the reason why the modification is or is not material;

(d) if the modification is not material – contains the current model number of the modified item and the current model number of the unmodified item; and

(e) is signed by:

(i) if the manufacturer or importer is a corporation – any of the following:

(A) a director of the manufacturer or importer;

(B) a secretary of the manufacturer or importer;

(C) a person authorised by the manufacturer or importer to make the statement; 

(ii) if the manufacturer or importer is an individual – the individual; or

(iii) if the manufacturer or importer of the item is, or is part of, an entity that is neither a corporation nor an individual – any of the following:

(A)        an officer of the entity within the meaning of the Corporations Act 2001; 

(B)        a person authorised by the manufacturer or importer to make the statement.

Note 1 See Note 2 to section 6.

Note 2 If a modification is made to an item outside Australia and the modified item is imported, subsection (2) will apply, and subsection (3) may apply, to the importer.

(3) If:

(a)                the modification is not material; and

(b)                the manufacturer or importer has:

(i)            completed a declaration of conformity for the unmodified item in accordance with subsection 20(1); and

(ii) prepared a written statement for the modified item in accordance with subsection (2);

the manufacturer or importer is taken to have completed a declaration of conformity for the modified item consisting of the declaration and the statement referred to in paragraph (b).

Note  If the modification is material, the manufacturer or importer must complete a declaration of conformity for the modified item in accordance with subsection 20(1).

(4)  For the purposes of subsections (2) and (3), the modification is material if the modification would or could reasonably be expected to affect whether the modified item complies with any applicable technical standard in relation to the modified item.

Note  This section imposes additional requirements on an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported.  The item as modified must comply with each applicable technical standard in relation to the modified item before a compliance label is applied to that item.

Division 5 – Compliance records

22 Compliance records – general requirement

 (1) In this Instrument, compliance records, in relation to an item, means:

(a) a written statement prepared for the item under:

(i)       subsection 11(4);

(ii)     subsection 21(2); or

(iii)  subclause 6(3) of Schedule 4;

(b) a declaration of conformity completed for the item under subsection 20(1);

(c) a description of the item prepared under subsection 23(3);

(d) an entry, for the item or (if the item is included in a class of items) the class, listed on a register established under subclause 10(1) of Schedule 4;

(e) if subsection 9(3) applies to the item – a copy of the documentation that must accompany the item when supplied; and

(f) if an agent of the manufacturer or importer of the item keeps compliance records in relation to the item pursuant to an agreement with the manufacturer or importer – the agreement.

 (2) For the purposes of this Instrument, a compliance record may form part of another compliance record.

Example A declaration of conformity for an item may contain a written statement prepared under subsection 11(4).  In that case, a manufacturer or importer would only need to keep the declaration of conformity to comply with the obligation to keep both of the compliance records.

23 Compliance records – specific requirements

 (1) A manufacturer or importer of an item must keep compliance records in relation to the item in accordance with this Division.

 (2) A compliance record in relation to an item:

 (a) must be in English; and

 (b) may be a certified reproduction of an original record.

 (3) The manufacturer or importer must ensure that a description of the item is prepared that contains the following information:

 (a) the current model number of the item and, if relevant, any related model numbers;

 (b) one or more photographs of the item, showing the item’s internal and external aspects (including the printed circuit boards);

 (c) if the item incorporates software – details of the version of the software installed when the item was manufactured or imported;

 (d) sufficient information for a person to determine whether the item is:

(i) an item; or

(ii) if the item is included in a class of items – identical to another item of the class;

  in relation to which there is:

(iii) a declaration of conformity; and

(iv) a document or documents to which the declarant has had regard for the purposes of subparagraph 6(b)(vi);

 (e) sufficient information for a person to distinguish the item from:

(i) any other item; or

(ii) if the item is included in a class of items – another item that is not included in the class.

Note An example in relation to paragraph (d) or (e) is information that includes a block diagram of the item.

 (4) If any of the information included in the description in accordance with subsection (3) subsequently changes or becomes incorrect, the manufacturer or importer must update or correct the description within 30 days after the information changes or becomes incorrect.

Note   See Note 2 to section 6.

24 Compliance records – obligation to keep records

  A compliance record in relation to an item must be kept for the period:

 (a) commencing:

 (i) if the item is included in a class of items – when the original item, or (in the case of a modified item) the original modified item, of the class is supplied in Australia; or

  (ii) otherwise – when the item is supplied in Australia; and

 (b) ending two years after the item or all items of the class cease to be supplied in Australia, whichever is the later.

Part 6 – Inspection and auditing of compliance records

25 Availability of compliance records for inspection

  The manufacturer or importer of an item must ensure that the compliance records in relation to the item are available for inspection by the ACMA upon request.

26 Authorised officer may require documents, material or information

 (1) An authorised officer may, by written notice, require the manufacturer or importer of an item to produce specified documents or material, or to give specified information, in relation to the item to the officer for the purposes of investigating compliance with the provisions of this Instrument.

 (2) If a declaration of conformity is required by a notice under subsection (1), the manufacturer or importer must produce the declaration within five working days after the day the notice is received.

 (3) If a document (other than a declaration of conformity), material or information is required by a notice under subsection (1), the manufacturer or importer must produce the document or material, or give the information, within 10 working days, or such longer period as is specified in writing by the authorised officer, after the day the notice is received.

 (4) An authorised officer may only specify a longer period under subsection (3) if the manufacturer or importer has requested in writing a longer period for compliance with the notice.

 (5) After receiving any document, material or information from the manufacturer or importer in response to a notice under subsection (1), the authorised officer must give the manufacturer or importer a receipt.

 (6) The authorised officer may make and retain copies of the whole or any part of the any document or material received in response to a notice under subsection (1).

 (7) The authorised officer must return the original of any document or material received in response to a notice under subsection (1) to the manufacturer or importer as soon as practicable and, in any case, not more than 60 days after receiving the document or material.

27 Authorised officer may require an endorsed test report or statement

 (1) If an authorised officer has reason to believe that items included, or claimed to be included, in a class of items do not comply with an applicable technical standard in relation to the items, the authorised officer may, by written notice given to the manufacturer or importer of the items, require the manufacturer or importer to produce to the officer:

 (a) an endorsed test report stating whether three, or fewer than three, of the items comply with the applicable technical standard; or

  (b) a written statement prepared by a certification body stating whether three, or fewer than three, of the items comply with the applicable technical standard.

 (2) The manufacturer or importer who receives a notice under this section must, within 30 working days after the day the notice is received, or such longer period as is specified in writing by an authorised officer, comply with the notice.

(3) The ACMA is not liable for any costs incurred by the manufacturer or importer in complying with a notice under this section.

Part 7 – Savings and transitional arrangements

Division 1 – Transitional arrangements in relation to the previous Notice

28 Item labelled in accordance with previous Notice not later than two years after commencement

(1)     This section applies to an item if:

(a) the manufacturer or importer of the item has applied a compliance label (within the meaning of section 1.4 of the previous Notice) to the item not later than two years after the commencement of this Instrument; and

(b) the manufacturer or importer has met all of the requirements of the previous Notice in relation to the application of the label.

(2)     The manufacturer or importer is taken to have met all the requirements of this Instrument in relation to the application of the label to the item.

Note If an item has been labelled in accordance with the previous Notice not later than two years after the commencement of this Instrument, the manufacturer or importer of the item is not required to label the item in accordance with this Instrument.

(3)     The manufacturer or importer must comply with:

(a)               any other requirements of this Instrument that apply in relation to the item; or

(b)               any other requirements of the previous Notice that would have applied in relation to the item had the previous Notice not been revoked.

(4)     If the manufacturer or importer complies with subparagraph 3(b):

(a)               this Instrument (apart from this section) does not apply in relation to the item; and

(b)               the previous Notice continues to apply in relation to the item as if the previous Notice had not been revoked.

Division 2 – Transitional arrangements in relation to the use of the A-tick

29 Manufacturer or importer may use the A-tick instead of the RCM

(1)     This section applies to an item if the manufacturer or importer applies a compliance label to the item before 1 March 2016.

 (2) Despite subsection 10(1), the label applied to the item may be in the form of the A-tick (instead of the RCM) no smaller than 3 mm in height.

Division 3 – Transitional arrangements following changes in relation to applicable technical standards

30 Changes in relation to applicable technical standards

Scope

(1)     This section applies to an item if:

(a)               a technical standard (the old technical standard) has been repealed and replaced by another technical standard (the new technical standard);

(b)               on a particular date (the effective date) the old technical standard ceased to be an applicable technical standard, and the new technical standard became an applicable technical standard, in relation to the item; and

(c)               the item was not supplied before the effective date.

Manufacturer or importer of item taken to have done certain things

(2)     If, before the effective date, the manufacturer or importer of an item did any of the following things in relation to the old technical standard, in accordance with this Instrument as in force immediately before the effective date:

(a)               prepared a compliance record, or any other documentation, for the item;

(b)               applied a label to the item;

(c)               met the requirements for an exemption from compliance with subsection 4(2) of Schedule 4;

then on and after the effective date:

(d)               the thing done has effect as if it had been done in relation to the new technical standard; and

(e)               for the avoidance of doubt, the manufacturer or importer is taken to have met any requirement of this Instrument to do such a thing in relation to the new technical standard.

Example  If, before the effective date, the manufacturer or importer had properly completed a declaration of conformity for the item in relation to the old technical standard, then on and after the effective date the manufacturer or importer does not need to complete a declaration of conformity for the item in relation to the new technical standard.

Compliance with old technical standard 

(3)     For the avoidance of doubt, if:

(a)               a declaration of conformity for the item was not completed before the effective date;

(b)               the new technical standard contains a provision to the effect that the item is taken to comply with that standard if the item complies with the old technical standard as in force immediately before the commencement of the new technical standard; and

(c)               the manufacturer or importer seeks to rely on that provision;

the manufacturer or importer must, before supplying the item, ensure that a person who makes a declaration of conformity for the item is reasonably satisfied that the item complies with that old technical standard.

(4)     For the purposes of determining whether a person is reasonably satisfied that the item complies with the old technical standard mentioned in paragraph (3)(b), subsection 20(2) applies as if:

(a)               references to an applicable technical standard were references to that old technical standard; and 

(b)               references to a high risk applicable technical standard were references to that old technical standard (or the part of it) that was, immediately before the commencement of the new technical standard, a high risk applicable technical standard in relation to the item (if at all).

Example  If, before the effective date, the old technical standard was a high risk applicable technical standard in relation to the item, a person can only be reasonably satisfied that the item complies with the old technical standard if there is a document of a kind mentioned in sub-subparagraph 20(2)(a)(i)(A), (B), (C) or (D) containing information that indicates that the item (or if the item is included in a class of items, an item of the class) complies with the old technical standard.

Schedule 1—Applicable technical standards for customer equipment (other than cabling-related customer equipment)

(section 8)

In the following table, a reference to a part of an applicable technical standard that relates to an industry standard mentioned in column 4 of the table is taken to be a reference to the provisions of the applicable technical standard that have the effect of requiring an item to comply with:

(a)                if only a part of the industry standard is mentioned – that part of the industry standard (or any corresponding part of a standard that replaces the industry standard) as in force at any time specified, for the item, in the applicable technical standard; or

(b)               otherwise – the industry standard (or any standard that replaces the industry standard) as in force at any time specified, for the item, in the applicable technical standard.

Table—Applicable technical standards

Example 1  Customer equipment that is covered by item 1 includes:

(a)       PBX;

(b)       analogue telephones;

(c)       VoIP telephones;

(d)       ADSL or DSL modems;

(e)       dial-up modems;

(f)        cordless telephone handsets and base units;

(g)       telephone headsets;

(h)       amplifiers;

(i)        answering machines; and

(j)        fax machines.

Example 2  Customer equipment that is covered by item 2 includes:

(a)      mobile telephones; and

(b)      cellular modems.

Example 3  Customer equipment that is covered by item 3 includes:

(a)     machine-to-machine communication devices;

(b)    automatic teller machines; and

(c)     vending machines.

Example 4  Customer equipment that is covered by item 4 includes satellite telephones.

Note 1  Column 3 is included for information only.

Note 2  Customer equipment mentioned in item 2 may also be customer equipment mentioned in item 3.

Schedule 2—Items to which this Instrument does not apply

(subsection 7(1))

 1. An item that is manufactured or imported solely for use by:

 (a) a criminal law-enforcement agency;

 (b) the Department of Defence or the Defence Force as a temporary facility; or

 (c) the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation.

 2. Test equipment for a telecommunications network.

 3. A handset or headset manufactured or imported solely for use with an internet or voice modem connection to a telecommunications network.

 4. An item that is manufactured or imported solely to be exported.

 5. An item that is imported for connection to a telecommunications network or to a facility of such a network in relation to a significant event in circumstances where the manager of the network or facility has given written consent to the connection for the duration of the event.

 6. An item that is manufactured or imported solely for incorporation into another item and that, before such incorporation, cannot be used to connect to a telecommunications network or to a facility of such a network.

Schedule 3—Compliance marks

(section 4)

Part 1 – The RCM

Note The RCM is a protected symbol for the purposes of section 417 of the Act.

Part 2 – The A-tick

Note The A-tick is a protected symbol for the purposes of section 417 of the Act.

Schedule 4—Customer cabling and cabling-related customer equipment

(subsections 4(1) and 7(2))

Part 1 – Interpretation

1 Applicable technical standards

 (1) This clause sets out when a technical standard is an applicable technical standard in relation to an item for the purposes of this Instrument.

Note   This clause deals with applicable technical standards for customer cabling and cabling-related customer equipment.  Section 8 deals with applicable technical standards for customer equipment (other than cabling-related customer equipment).

 (2) A technical standard is an applicable technical standard in relation to an item if:

(a) the item is of a kind mentioned in column 1 of the table in this clause; 

(b) the technical standard is a corresponding applicable technical standard mentioned in column 2 of that table; and

(c) the technical standard consists of requirements that apply to the item.

Table—Applicable technical standards

Example  Cabling-related customer equipment that is covered by item 1 includes:

(a)       cable enclosures;

(b)       patch panels;

(c)       insulation displacement connectors and other similar termination modules (such as those used at a main distribution frame);

(d)       conduit for the protection of customer cabling; and

(e)       telecommunications wall sockets.

Note   Column 3 is included for information only.

2 Class of items to which a compliance label has, or has not, been applied

In this Schedule:

(a) a reference to a class of items to which a compliance label has been applied is a reference to a class of items in which each item that is included has had applied to it a compliance label; and

(b) a reference to a class of items to which a compliance label has not been applied is a reference to a class of items in which each item that is included has not had applied to it a compliance label.

3 Particular cabling item

  In this Schedule, particular cabling item means an item that is customer cabling or cabling-related customer equipment where:

(a) the item complies with the technical standard AS/CA S008-2015; and

(b) the installation of the item for connection to, or the connection of the item to, a telecommunications network or to a facility would be a type of cabling work for the purposes of Division 9 of Part 21 of the Act.

Part 2 – Applying a compliance label

4 Requirement to apply a compliance label

 (1) If:

 (a)  there are one or more applicable technical standards in relation to an item; and

 (b)  the item complies with each standard referred to in paragraph (a);

this clause applies to the item.

(2)    The manufacturer or importer of the item must, before supplying the item, apply a compliance label to the item in accordance with Part 3, unless the manufacturer or importer is exempt from compliance with this subclause under clause 7 or 8.

Note The requirement to apply a compliance label to an item involves:

(a)            affixing the label to the surface of the item; or

(b)           affixing the label to the external surface of the packaging used for the item (even if it is possible or practicable to affix the label to the surface of the item) and incorporating the label in the documentation that accompanies the item when supplied.

Part 3 – Form and application of a compliance label

5 Form of a compliance label

 (1) A compliance label must be:

(a) in the form of the RCM; or

(b) a QR code, or similar thing, if the relevant link is to information on a website that displays the RCM prominently.

 (2) The compliance label must be:

(a) durable; and

(b)  at least 3 mm high.

Note 1 In this Part, a reference to an item is a reference to an item to which clause 4 applies.

Note 2 Clause 5 does not apply to a manufacturer or importer if, under clause 7 or 8, the manufacturer or importer is exempt from compliance with subclause 4(2).

6 Application of a compliance label

 (1) A compliance label must be applied, in accordance with subclause (2), permanently or in a way that makes removal or obliteration difficult.

(2)    A compliance label must be:

(a)               affixed to the surface of an item in a place that is readily accessible to a person; or

(b)               both:

(i)                 affixed to the external surface of the packaging used for the item in a place that is clearly visible on that external surface; and

(ii)               incorporated in the documentation, including any warranty or guarantee certificate, that accompanies the item when supplied.

(3)    The manufacturer or importer of an item to which paragraph (2)(b) applies must, before supplying the item, prepare a written statement in relation to the item specifying where, on the external surface of the packaging used for the item and in the documentation referred to in paragraph (2)(b), each compliance label has been applied.

Note 1 See Note 2 to section 6.

Note 2 Clause 6 does not apply to a manufacturer or importer if, under clause 7 or 8, the manufacturer or importer is exempt from compliance with subclause 4(2).

(4)    If, before the commencement of Schedule 1 to the Telecommunications Legislation Amendment and Repeal (2022 Measures No. 1) Instrument 2022 (commencement), a manufacturer or an importer of an item was required to prepare a written statement in relation to the item in accordance with paragraph 4(2)(b) of this Schedule as in force immediately before commencement, then after commencement:

(a)                      that requirement is taken to be a requirement to prepare a written statement in relation to the item in accordance with subclause 6(3); and

(b)                      any written statement prepared in relation to the item in accordance with paragraph 4(2)(b) as in force immediately before commencement is taken to be a written statement prepared in relation to the item in accordance with subclause 6(3).

7 Exemption for items that meet other requirements

  A manufacturer or importer of an item is exempt from compliance with subclause 4(2) if there is displayed on the sheath of the item at regular intervals of not more than 2 metres:

 (a) a company name, business name or trade mark of:

(i) the manufacturer or importer; or

(ii) a person who:

(A) is supplied the item by the manufacturer or importer; and

(B) supplies the item in Australia; and

 (b) a part name or number, identification number or product name of the item.

8 Exemption for particular cabling items that meet other requirements

  A manufacturer or importer of an item is exempt from compliance with subclause 4(2) if:

(a) the item is a particular cabling item; and

(b) the manufacturer or importer has complied with clauses 9 and 10 before supplying the item.

9 Requirements to be met before supplying particular cabling items without a compliance label

 (1) For the purposes of paragraph 8(b), the manufacturer or importer must:

(a) give the ACMA a written notice that it proposes to supply a particular cabling item without applying to it a compliance label; and

 (b) be registered within the meaning of subclause (2).

 (2) For the purposes of subclause (1), a manufacturer or importer of an item is registered only if the manufacturer or importer is registered on the national database.

 (3) A manufacturer or importer is only required to give the ACMA one written notice under paragraph (1)(a) even if the manufacturer or importer proposes to supply more than one particular cabling item without applying to each a compliance label and irrespective of whether the items are included in a class of items or different classes of items.

 (4) A written notice given under paragraph (1)(a) must be in the form approved by the ACMA.

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

10 Register of particular cabling items without a compliance label

 (1) For the purposes of paragraph 8(b), the manufacturer or importer must:

 (a) establish on the internet a publicly available register that:

(i) states the name of the manufacturer or importer;

(ii) lists:

(A)                  each particular cabling item of the manufacturer or importer to which a compliance label has not been applied; or

(B)                  if the particular cabling item is included in a class of items to which a compliance label has not been applied, the class;

(iii) includes an entry, for each item or class of items listed on the register, setting out the information mentioned in subclause (2); and

 (b) inform the ACMA in writing of the internet address for the register.

 (2) An entry for an item or class of items listed on the register must set out the following information:

(a) a company name, business name or trade mark of:

(i) the manufacturer or importer; or

(ii) the person who:

(A) is supplied the item or items of the class by the manufacturer or importer; and

(B) supplies the item or items of the class in Australia;

(irrespective of whether each item was manufactured in Australia);

(b) a part name or number, identification number or product name of the item or each item of the class;

(c) if the item or each item of the class has capacity for multiple pairs of cables – the number of pairs.

 (3) An entry for an item or class of items listed on the register may also include other information that may help to identify the item or class.

 (4) The register may list, and include an entry for, an item or class of items to which a compliance label has been applied, but only if the register clearly distinguishes between:

 (a) items or classes of items to which a compliance label has been applied; and             

 (b) items or classes of items to which a compliance label has not been applied.

 (5) Each entry for an item or class of items listed on the register must be clearly distinguished entries for different items or classes of items listed on the register.

Part 4 – Applying a non-compliance label and preparing a written statement

11 Requirement to apply a non-compliance label and prepare a written statement

 (1) If:

 (a) there are one or more applicable technical standards in relation to an item; and

 (b) the item does not comply with each standard referred to in paragraph (a);

this clause applies to the item.

(2)     The manufacturer or importer of the item must, before supplying the item:

(a)               apply a non-compliance label to the item; and

(b)               prepare a written statement in relation to the item;

in accordance with Part 5.

Note The requirement to apply a non-compliance label to an item involves affixing the label to the external surface of the packaging used for the item and incorporating the label in the documentation that accompanies the item when supplied.

Part 5 – Form and application of a non-compliance label and preparation of a written statement

12 Form of a non-compliance label

(1)     A non-compliance label applied to an item must contain a statement to the effect that the item does not comply with each applicable technical standard in relation to the item.

Note   In this Part, a reference to an item is a reference to an item to which clause 11 applies.

(2)     The statement must be:

(a)               in English; and

(b)               printed in a font of not less than 12 points.

 (3) A non-compliance label must be durable.

13 Application of a non-compliance label

(1)    A non-compliance label must be applied, in accordance with subclause (2), permanently or in a way that makes removal or obliteration difficult.

(2)    A non-compliance label must be:

(a) affixed to the external surface of the packaging used for the item;

(b)               clearly visible on that external surface; and

(c) incorporated in the documentation that accompanies the item when supplied.

14  Preparation of a written statement and obligation to keep the statement             

(1) A written statement prepared under paragraph 11(2)(b) in relation to an item must:

   (a) identify the item; and

   (b) specify:

(i) where, on the external surface of the packaging used for the item and in the documentation referred to in paragraph 13(2)(c), each non-compliance label has been applied; and

(ii)  the wording of the statement contained in the non-compliance label.

Note   See Note 2 to section 6.

 (2) A written statement prepared under paragraph 11(2)(b) in relation to an item must be kept for the period:

 (a) commencing:

 (i) if the item is included in a class of items – when the original item, or (in the case of a modified item) the original modified item, of the class is supplied in Australia; or

  (ii) otherwise – when the item is supplied in Australia; and

 (b) ending two years after the item or all items of the class cease to be supplied in Australia, whichever is the later.

1 This instrument also specifies matters mentioned in subsections 408(2) and (3), and requirements mentioned in subsections 408(5) and (6), of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history