Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2010 (No. 1) (Cth)
Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2010 (No. 1)1
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Notice under section 182 of the Radiocommunications Act 1992.
Dated 25th March 2010
Chris Chapman
[signed]
Member
Jennifer McNeill
[signed]
General Manager / Member
Australian Communications and Media Authority
Name of Notice
This Notice is the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2010 (No. 1).
Commencement
This Notice commences on the later of:
(a) 31 March 2010; and
(b) the day after this Notice is registered.
Amendment of Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003
Schedule 1 amends the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003.
Schedule 1 Amendments
(section 3)
[1] Subsection 4 (1), after definition of AS 2772.2
insert
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.
[2] Subsection 4 (1), definition of aware user device
omit
[3] Subsection 4 (1), after definition of authorised officer
insert
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
(c) a maritime ship 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.
[4] Subsection 4 (1), definition of declaration of conformity, including the note
substitute
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 Subsection 10 (2), including the note
substitute
(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 Subsection 10 (3)
omit
ACA in accordance with clause 4.6 of AS/NZS 4417.1, as if references in that Standard to the Spectrum Management Agency and SMA were references to the ACA.
insert
ACMA in accordance with AS/NZS 4417.1.
[7] Subsection 19 (1)
omit
this section
insert
this section and sections 19A to 19D
[8] Subsections 19 (5) to (8)
substitute
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.
[9] After section 19
insert
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.
[10] Paragraph 21 (1) (d)
substitute
(d) for a device to which a compliance label is not applied because of section 19C — the records mentioned in subsection 19C (3).
[11] Schedules 2 and 3
omit
[12] Further amendments – ACMA
The following provisions are amended by omitting ‘ACA’ and inserting ‘ACMA’:
·subsection 4 (1), definition of authorised officer, paragraph (b)
·subsection 4 (1), definition of supplier code number
·subsections 10 (1) and (4)
·paragraph 19 (4) (h)
·subsections 25 (4), (5) and (7).
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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