Radiocommunications Devices (Compliance Labelling) Notice 1996 (Cth)
Radiocommunications Devices (Compliance Labelling) Notice 1996
as amended
made under subsection 182 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 26 October 2004
taking into account amendments up to the Radiocommunications Devices (Compliance Labelling) Notice 2003
[Note: This Notice was revoked by the Radiocommunications Devices (Compliance Labelling) Notice 2003
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part 1Preliminary
1Citation [see Note 1] 3
2Interpretation 3
Part 2Compliance and labelling
3Requirement to affix labels 5
4Form of labels 5
5Requirements after labels affixed 6
Part 3Requirements to be met before labels affixed
6Application 7
7Compliance level 1 7
8Compliance level 2 7
9Compliance level 3 7
Part 4Requirements to be met after labels affixed
10Application 9
11Compliance level 1 9
12Compliance level 2 9
13Compliance level 3 9
14Where records are to be retained 10
15Provision of certain information for inspection 10
16Provision of certain articles for inspection 10
Schedule 1 Standards and compliance levels 11
Schedule 2 Form of labels 13
Part 113
Part 213
Notes 18
Part 1 Preliminary
Citation [see Note 1]
This Notice may be cited as the Radiocommunications Devices (Compliance Labelling) Notice 1996.
Interpretation
(1)In this Notice, unless the contrary intention appears:
accrediting body means:
(a) NATA; or
(b) a body that has entered into a mutual recognition agreement with NATA.
Act means the Radiocommunications Act 1992.
authorised officer means:
(a) an inspector; or
(b) a person authorised in writing by the Spectrum Manager for the purposes of clauses 15 and 16.
compliance level, in relation to a device, means the compliance level specified in Schedule 1 in relation to a standard that applies to the device.
declaration of conformity means a declaration made under paragraph 7 (1) (b).
device:
(a) means a device, other than a device that is imported into Australia for the personal use of the importer, that is included in a class of devices to which a standard applies; and
(b) includes a variant of the device.
label means a label in a form prescribed in clause 4.
NATA means the National Association of Testing Authorities, Australia.
product identification code, in relation to a device, means the writing that is used:
(a) in the case of a device manufactured in Australia — by the manufacturer to identify the device; and
(b) in the case of a device manufactured outside Australia — by the importer of the device to identify the device.
standard means a standard specified in Schedule 1.
supplier code number means the number issued under clause 7 to the manufacturer or importer of a device.
technical test report means a report in English that:
(a) shows the results of testing of a sample of the devices included in a class of devices; and
(b) establishes that a device included in that class meets the requirements of a standard that applies to the device;
being testing conducted in accordance with the standard by the SMA or a recognised testing authority that is accredited by an accrediting body.
variant means a version of a device that is not identical in all respects 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 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 relevant place.
(2) A reference in this Notice to a standard is a reference to the standard as in force from time to time.
(3) A reference in this Notice to a technical test report is a reference to a report of a recognised testing authority that is endorsed:
(a) if NATA is the accrediting body for the authority — with the NATA logo; and
(b) if a body that has entered into a mutual recognition agreement with NATA is the accrediting body for the authority — with the logo of the body.
(4) Unless the contrary intention appears, a reference in Part 3 or 4 to:
(a) the manufacturer of a device is a reference to the manufacturer of a device manufactured in Australia; and
(b) the importer of a device is a reference to the importer of a device manufactured outside Australia.
Part 2 Compliance and labelling
Requirement to affix labels
(1) Subject to subclause (3), a label must be affixed to each device:
(a) in the case of a device manufactured in Australia — by the manufacturer; and
(b) in the case of a device manufactured outside Australia — by the importer of the device, unless the device has been labelled in accordance with an arrangement under subclause (2).
(2) The importer of a device may arrange for a label to be affixed to the device by the manufacturer of the device if the importer has first complied with the requirements of the compliance level in Part 3 that relates to the device.
(3) The manufacturer or importer of a device must not affix a label to the device until the manufacturer or importer complies with the requirements of the compliance level in Part 3 that relates to the device.
Note The compliance level in relation to a device is the compliance level set out in Schedule 1 in relation to a standard that applies to the device.
Form of labels
(1) Subject to this clause, the form of a label is set out in Part 1 of Schedule 2.
(2) A label relating to a device must include the information specified in at least 1 of the following paragraphs:
(a) if the manufacturer or importer of the device trades under a registered business name — the business name and business address of the manufacturer or importer;
(b) the Australian Company Number, or the Australian Registered Body Number, for the purposes of the Corporations Law, of the manufacturer or importer;
(c) if the manufacturer or importer is an individual who does not trade under a business name — his or her name and address of place of business;
(d) the supplier code number of the manufacturer or importer.
(3) If a device to which a label is to be affixed displays on the external surface of the device:
(a) the product identification code for the device; or
(b) information required under subclause (2);
the label is not required to display:
(c) if paragraph (a) applies — the product identification code; and
(d) if paragraph (b) applies — the information displayed on the external surface of the device.
(4) If a device to which a label is to be affixed displays on an external surface of the device:
(a) the product identification code for the device; and
(b) information required under subclause (2);
the label may be in the form set out in Part 2 of Schedule 2.
(5) A label must be:
(a) legible and made of durable material; and
(b) affixed:
(i) to the external surface of a device to which the label relates; and
(ii) if the external surface of the device displays the product identification code for the device — as near as practicable to that code.
Requirements after labels affixed
After a label is affixed to a device, the manufacturer or importer of the device must comply with the requirements of the compliance level in Part 4 that relates to the device.
Part 3 Requirements to be met before labels affixed
Application
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 differences between the variant and the device do not affect the compliance of the variant with any standard that applies to the device.
Compliance level 1
(1) To comply with compliance level 1, the manufacturer or importer of a device must:
(a) have applied for, and been issued with, a supplier code number; and
(b) make a declaration of conformity in relation to each standard that applies to the device, being a declaration in the form set out in Schedule 3.
(2) For the purposes of paragraph (1) (a):
(a) the manufacturer or importer of a device must apply to the SMA in the form set out in Schedule 4 for a supplier code number; and
(b) as soon as practicable after receipt of an application, the SMA must:
(i) allocate a supplier code number to the manufacturer or importer of the device; and
(ii) inform the manufacturer or importer in writing of the number.
Compliance level 2
To comply with compliance level 2, the manufacturer or importer of a device must:
(a) comply with compliance level 1; and
(b) have obtained:
(i) a compliance certificate, and a technical test report, to the effect that the device complies with each standard that applies to the device; or
(ii) a copy of that certificate or report certified by the person who issued the certificate or authorised the report to the effect that the copy is identical in all relevant respects with the original.
Compliance level 3
To comply with compliance level 3, the manufacturer or importer of a device must:
(a) comply with compliance level 2; and
(b) hold a quality management system certificate:
(i) indicating that the manufacturer (whether in or outside Australia) of the device is quality certified in accordance with International Standards Organisation ISO 9003 or Australian/New Zealand Standard AS/NZS 9003, or a standard recognised by the SMA as being equivalent to, or more stringent than, either of those standards; and
(ii) issued by a quality management system certifier who is accredited under the Joint Accreditation System of Australia and New Zealand or listed in the International Standards Organisation Directory of Quality System Registration Bodies;
or a copy of that certificate.
Part 4 Requirements to be met after labels affixed
Application
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 differences between the variant and the device do not affect the compliance of the variant with any standard that applies to the device.
Compliance level 1
To comply with compliance level 1, the manufacturer or importer of a device must retain the original of the declaration of conformity relating to each standard that applies to the device until the end of 10 years after the device has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Compliance level 2
To comply with compliance level 2, the manufacturer or importer of a device must:
(a) comply with compliance level 1; and
(b) retain:
(i) the compliance certificate, and the technical test report, referred to in subparagraph 8 (b) (i); or
(ii) the copy of that certificate or report that is referred to in subparagraph 8 (b) (ii);
until the end of 10 years after the device to which the certificate or report relates has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Compliance level 3
To comply with compliance level 3, the manufacturer or importer of a device must:
(a) comply with compliance level 2; and
(b) retain:
(i) the quality management system certificate referred to in paragraph 9 (b); or
(ii) the copy of the certificate referred to in that paragraph;
until the end of 10 years after the device has ceased to be sold or otherwise supplied commercially in Australia by the manufacturer or importer of the device.
Where records are to be retained
(1) A record that is required to be retained under this Part must be held at a place in Australia the address of which is notified in writing to the SMA by the manufacturer or importer of the device before the device is sold or otherwise supplied commercially in Australia.
(2) If a record to which subclause (1) relates is moved to a place other than the place mentioned in that subclause, the manufacturer or importer of the device to which the record relates must notify the SMA in writing of the address of the other place not later than 14 working days after the day on which the record is moved.
Provision of certain information for inspection
(1) At the written request of an authorised officer, the manufacturer or importer of a device must:
(a) within 10 working days of a specified day — produce to the authorised officer a specified record that is required to be retained under this Part; and
(b) within 30 working days of a specified day — produce to the authorised officer a specified circuit diagram or manual, or copy of the diagram or manual, for the device.
(2) An authorised officer may, on issue of a receipt to the manufacturer or importer, retain the record, circuit diagram or manual for a period of not more than 60 days.
Provision of certain articles for inspection
(1) At the written request of an authorised officer, the manufacturer or importer of a device must, within 10 working days of a specified day, produce to the authorised officer up to 3 samples of the device, as specified by the officer, for the purpose of ascertaining whether the device complies with each standard that applies to the device.
(2) An authorised officer may, on the issue of a receipt to the manufacturer or importer, retain a sample produced to the officer for a period of not more than 60 days.
Schedule 1 Standards and compliance levels
(clause 2)
| Column 1 | Column 2 | Column 3 |
| 1 | Radiocommunications Standard (Analogue Speech (Angle Modulated) Equipment) No. 1 of 1995 | 2 |
| 2 | Radiocommunications Standard (Radiocommunications Devices used in the Inshore Boating Radio Services Band) No. 1 of 1996 | 2 |
| 3 | Radiocommunications Standard (121.5MHz and 243.0MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 | 3 |
| 4 | Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 | 2 |
| 5 | Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 | 2 |
| 6 | Radiocommunications Standard (Short Range Devices) No. 1 of 1996 | 1 |
| 7 | Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 | 3 |
| 8 | Radiocommunications Standard (VHF Radiotelephone Equipment — Maritime Mobile Service) No. 1 of 1997 | 3 |
| 9 | Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 | 1 |
| 10 | Radiocommunications Standard (Short Range Devices — 9 kHz to 25 MHz Radio Equipment and 9 kHz to 30 MHz Inductive Loop Systems) 1999 | 1 |
| 11 | Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 | 2 |
| 12 | Radiocommunications (MF and HF Radiotelephone Equipment — International Maritime Mobile Service) Standard 2002 | 2 |
| 13 | Radiocommunications (Paging Service Equipment) Standard 2002 | 2 |
Schedule 2 Form of labels
(clause 4)
Part 1
| Information required under subclause 4 (2) [not required if shown on external surface of device] | Product identification code [not required if shown on external surface of device] |
Part 2
Schedule 3 Declaration of conformity
(paragraph 7 (1) (b))
I/We.........................................................................................................
(name of manufacturer or importer)
of..............................................................................................................
(address of manufacturer or importer)
Australian Company Number (ACN)........................................................
(if applicable)
Australian Registered Body Name
(ARBN)...................................................................................................
(if applicable)
Supplier code number...............................................................................
declare that a device included in the following class of devices:
.................................................................................................................
.................................................................................................................
(name, type and model and, if available, lot, batch and serial numbers)
conforms with the following standard(s):
.................................................................................................................
(title(s) and identification number(s) of standard(s))
Information about the person making this Declaration
(The person making this Declaration must hold a senior position in the manufacturing or importing organisation and must have authority to make the Declaration)
.................................................................................................................
(signature of declarant)
.................................................................................................................
(full name of declarant)
.................................................................................................................
(position held in the manufacturing or importing organisation)
.................................................................................................................
(date of Declaration)
It is an offence under section 302 of the Radiocommunications Act 1992 to knowingly or recklessly make a false or misleading statement.
Penalty: $10,000.
Schedule 4Application for supplier code number
(paragraph 7 (2) (a))
| For Your Information | |||||
| • The information pamphlet Radiocommunications Standards: Compliance and Labelling should be read before completing this application | Return your completed form to: • Radiocommunications Standards Team Spectrum Management Agency PO Box 78 BELCONNEN ACT 2616 | ||||
| • It is an offence under section 302 of the Radiocommunications Act 1992 to knowingly or recklessly make a false or misleading statement. Penalty : $10,000. | How can I obtain additional information? Please contact your nearest | ||||
| • Incomplete or illegible forms may be returned to the applicant | |||||
| • The authority to collect the information in this form is provided by paragraph 7 (2) (a) of the Radiocommunications Devices (Compliance Labelling) Notice made under section 182 of the Radiocommunications Act 1992. | The information in this form is required to issue a supplier code number that will be included in a register and used for the purposes of administering the standards compliance and labelling scheme and auditing of compliance folders. | ||||
Applicant’s Details | Types of Radiocommunications Equipment | ||||
| Name of company (or partnership, trading trust or individual) | Tick the box that indicates the types of radiocommunications equipment manufactured or imported: | ||||
| q VHF Aeronautical Radios | |||||
| q HF Citizen Band Radios | |||||
| q UHF Citizen Band Radios | |||||
| Australian Company Number (ACN) or Australian Registered Body Number (ARBN) (if applicable) | q 1.7/30/40 MHz Cordless Telephones | ||||
| q 121.5/243 MHz Emergency Position Indicating Radio Beacons | |||||
| q 406 MHz Satellite Distress Beacons | |||||
| Postal address | |||||
| Postcode | q 27 MHz Marine Radios | ||||
| Street address of applicant (if same as postal address, write ‘as above’) | q MF/HF SSB International Maritime Mobile Services Radio | ||||
| Postcode | q VHF International Maritime Mobile Service Radios | ||||
| Contact numbers | q VHF or UHF Land Mobile Radios intended for analogue speech | ||||
| Phone ( ) | q VHF or UHF Land Mobile Radios intended for data transmission | ||||
| Fax ( ) | q MF/HF SSB Land Mobile Radios | ||||
| Street address where compliance folder to be retained (if same as postal address, write ‘as above’) | q Paging Transmitters | ||||
| Postcode | q Low Power Devices not specified above | ||||
| Declaration | |||
| I declare that the contents of this application are true and correct. | |||
| Signature of applicant | Position in Company, etc | ||
| Name (Print) | Date | ||
Notes to the Radiocommunications Devices (Compliance Labelling) Notice 1996
Note 1
The Radiocommunications Devices (Compliance Labelling) Notice 1996 (in force under subsection 182 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Radiocommunications Devices (Compliance Labelling) Notice SR 1996 No. 309 | 20 Dec 1996 | 20 Dec 1996 | |
| Radiocommunications Devices (Compliance Labelling) Notice (Amendment ) SR 1997 No. 26 | 5 Mar 1997 | 5 Mar 1997 | — |
| Radiocommunications Devices (Compliance Labelling) Amendment Notice 1999 (No. 1) | 23 June 1999 (see Gazette 1999, No. GN25) | 23 June 1999 | — |
| Radiocommunications Devices (Compliance Labelling) Amendment Notice 2002 (No. 1) | 15 May 2002 (see Gazette 2002, No. GN19) | 15 May 2002 | — |
| Radiocommunications Devices (Compliance Labelling) Notice 2003 | 10 Dec 2003 (see Gazette 2003, No. GN49) | 10 Dec 2003 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | ||
| Provision affected | How affected | |
| C. 1...................................... | am. 1999 No. 1 | |
| Schedule 1........................ | am. SR 1997 No. 26; 1999, No. 1; 2002 No. 1 | |
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