Radiocommunications (Compliance Labelling) Amendment Notice 2017 (No. 1)
The Australian Communications and Media Authority makes the following Notice under subsection 182(1) of the Radiocommunications Act 1992.
James Cameron
[signed]
Brendan Byrne
[signed]
Member/General Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Compliance Labelling) Amendment Notice 2017 (No.1).
This instrument commences at the start of the day after it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.
This instrument is made under subsection 182(1) of the Radiocommunications Act 1992.
The instruments that are specified in Schedules 1 and 2 are amended as set out in the applicable items in those Schedules.
Schedule 1—Amendments to the Radiocommunications (Compliance Labelling – Devices) Notice 2014
Radiocommunications (Compliance Labelling – Devices) Notice 2014 (F2014L01236)
1 Section 2 (Note 1)
Repeal the note, substitute:
Note 1: The Federal Register of Legislation may be accessed at www.legislation.gov.au.
2 Subsection 4(1) (definition of Class Licence, including the note)
Repeal the definition, including the note, substitute:
Class Licence means the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 as in force from time to time.
Note 1: The Radiocommunications (Low Interference Potential Devices) Class Licence 2015 is registered on the Federal Register of Legislation kept under the Legislation Act 2003. See www.legislation.gov.au.
Note 2: For incorporation of an instrument as in force from time to time, see subsection 314A(2) of the Act.
3 Subsection 4(1) (definition of Federal Chamber of Automotive Industries)
Repeal the definition, substitute:
FCAI means the Federal Chamber of Automotive Industries (ACN 008 550 347).
4 Subsection 4(1) (definition of low interference potential device)
Repeal the definition, substitute:
low interference potential device means a radiocommunications device the operation of which is authorised by the Class Licence.
5 Subsection 4(1) (definition of wireless audio transmitter)
Omit “at Item 22A”, substitute “in column 1 at Item 28”.
6 Subsection 4(1)
Insert:
CMEIG means Construction & Mining Equipment Industry Group Inc, an incorporated association registered under the Associations Incorporation Act 2009 (NSW), with incorporation number INC9879927.
motor vehicle means a motor-powered road vehicle (including a 4 wheel drive vehicle).
TMA means Tractor and Machinery Association of Australia (ACN 004 237 209).
vehicle means equipment that is:
(a) self-propelled; and
(b) capable of being used only on land.
7 Section 7 (Note)
Repeal the note and substitute:
Note: An effect of section 7 is that a compliance mark can only be applied to a device if it complies with the requirements of this Notice and any other notice made under section 182 of the Act.
8 Subsection 8(3)
Omit “Federal Chamber of Automotive Industries”, wherever the words appear, substitute “FCAI”.
9 Subsection 8(3) (note)
Repeal the note.
10 At the end of section 8
Add:
(4) If a device:
(a) is manufactured or imported by a member of the FCAI; and
(b) can only be operated if it is installed in a motor vehicle; and
(c) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(5) If a device:
(a) is either:
(i) manufactured as part of a vehicle, or installed in a vehicle, by either:
(A) a member of CMEIG; or
(B) a member of TMA; or
(ii) imported as part of an imported vehicle by either:
(A) a member of CMEIG; or
(B) a member of TMA; and
(b) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(6) If a device:
(a) is manufactured or imported by either:
(i) a member of CMEIG; or
(ii) a member of TMA; and
(b) can only be operated if it is installed in a vehicle; and
(c) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(7) Subsection (3), (4), (5) or (6) only applies in relation to a high-risk or medium-risk device manufactured or imported by a supplier if the supplier complies with both:
(a) subsection 12(2); and
(b) Part 4;
in relation to the device.
Note: See sections 12 and 18 in relation to a high‑risk device or a medium‑risk device to which subsection 8(3), (4), (5) or (6) applies.
11 Subsection 12(2)
Repeal the subsection, substitute:
(2) For the purposes of subsections 8(3), (4), (5) and (6), the supplier of a high‑risk device or a medium‑risk device must ensure that the device complies with each applicable standard at the compliance level mentioned in column 3 of Schedule 2 for the standard.
12 Paragraph 18(b)
Repeal the paragraph, substitute:
(b) a high‑risk device or a medium‑risk device for the purposes of subsections 8(3), (4), (5) and (6).
Schedule 2—Amendments to the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014
Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2014 (F2014L00965)
1 Section 2 (Note 1)
Repeal the note, substitute:
Note 1 The Federal Register of Legislation may be accessed at www.legislation.gov.au.
2 Subsection 4(1)
Insert:
CMEIG means Construction & Mining Equipment Industry Group Inc, an incorporated association registered under the Associations Incorporation Act 2009 (NSW), with incorporation number INC9879927.
FCAI means the Federal Chamber of Automotive Industries (ACN 008 550 347).
motor vehicle means a motor-powered road vehicle (including a 4 wheel drive vehicle).
TMA means Tractor and Machinery Association of Australia (ACN 004 237 209).
vehicle means equipment that is:
(a) self-propelled; and
(b) capable of being used only on land.
3 After subsection 11(1)
Insert:
(1A) For the purposes of subsections 18(3), (4), (5) and (6), the supplier of a device must make a declaration of conformity for the device.
4 After subsection 11(2)
Insert:
(2A) Subsection (1A) is taken to be satisfied by an importer of a device, or an agent of the importer, 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.
5 Subsection 11(3)
After “paragraph (2)(c)”, insert “or (2A)(c)”.
6 Subsection 11(4)
After “paragraph (2)(c)”, insert “or (2A)(c)”.
7 After subsection 12(1)
Insert:
(1A) For the purposes of subsections 18(3), (4), (5) and (6), the supplier of a device must ensure that the device complies with the compliance level for the device.
8 At the end of section 18
Add:
(3) If a device:
(a) is either:
(i) manufactured as part of a motor vehicle, or installed in a motor vehicle, by a member of the FCAI ; or
(ii) imported as part of an imported motor vehicle by a member of the FCAI; and
(b) is an integral part of the motor vehicle; and
(c) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(4) If a device:
(a) is manufactured or imported by a member of the FCAI; and
(b) can only be operated if it is installed in a motor vehicle; and
(c) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(5) If a device:
(a) is either:
(i) manufactured as part of a vehicle, or installed in a vehicle, by either:
(A) a member of CMEIG; or
(B) a member of TMA; or
(ii) imported as part of an imported vehicle by either:
(A) a member of CMEIG; or
(B) a member of TMA; and
(b) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(6) If a device:
(a) is manufactured or imported by either:
(i) a member of CMEIG; or
(ii) a member of TMA; and
(b) can only be operated if it is installed in a vehicle; and
(c) complies with each applicable standard;
subsections (1) and (2) do not apply in relation to the device.
(7) Subsection (3), (4), (5) or (6) only applies to a device manufactured or imported by a supplier if the supplier complies with:
(a) subsection 11(1A);
(b) subsection 12(1A); and
(c) Part 4;
in relation to the device.
Note See sections 11 and 12, and Part 4, in relation to a device to which subsection 18(3), (4), (5) or (6) applies.
9 Division 4.1 (heading)
Repeal the heading, substitute:
Division 4.1 – Application
Insert:
19E Application of Part 4
This Part applies to:
(a) a device, if a supplier of the device applies a label to the device as a compliance label; and
(b) a device for the purposes of subsection 18(3), (4), (5) or (6).
Division 4.1A – Keeping of records
11 Subsection 21(1)
Omit “If a supplier of a device applies a label to the device as a compliance label, the supplier”, substitute “The supplier of a device”.
12 Section 23
Omit “If a supplier of a device applies a label to the device as a compliance label, the supplier”, substitute “The supplier of a device”.
13 Subsection 24(1)
Repeal the subsection, substitute:
(1) An authorised officer may, in writing, require the supplier of a device to give the officer specified compliance records.
14 Subsection 25(1)
Omit “If a supplier of a device applies a label to the device as a compliance label, an”, substitute “An”.