Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2010 (No. 1) (Cth)
Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2010 (No. 1)1
Telecommunications Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Notice under section 407 of the Telecommunications Act 1997.
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 Telecommunications Labelling (Customer Equipment and Customer Cabling) 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 Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001
Schedule 1 amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.
Schedule 1 Amendments
(section 3)
[1] Subsection 1.4 (1), after definition of authorised officer
insert
built-in display, for customer equipment, means an electronic display or screen integral to the customer equipment, and does not include a display or screen that can be used independently of the customer equipment.
[2] Subsection 1.4 (1), definition of declaration of conformity, including the note
substitute
declaration of conformity means a declaration that:
(a) for equipment other than disability customer equipment:
(i) is in a form approved by the ACMA for equipment other than disability customer equipment; or
(ii) contains the information required in that approved form, whether or not the declaration is accompanied by other material; and
(b) for disability customer equipment:
(i) is in a form approved by the ACMA for disability customer equipment; or
(ii) 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 After subsection 1.5 (6)
insert
(7) If a label is not applied to the item because of subsection 3.6 (4) or (5), the compliance records include the records mentioned in subsection 3.6 (7).
[4] Subsection 2A.3 (2)
substitute
(2) The notice must be in a form approved by the ACMA.
Note The ACMA makes approved forms available on its website at Part 3, simplified outline, after third dot point
insert
·Labels may be applied electronically to customer equipment that has a built‑in display.
[6] Subsection 3.4 (2)
substitute
(2) A label must be applied to an item:
(a) permanently; or
(b) in a way that makes removal or obliteration difficult.
[7] Subsection 3.5 (1)
after
alphanumeric characters
insert
(if any)
[8] Section 3.6
substitute
3.6 Placement of labels on items
(1) Subject to subsections (4) and (5) and section 3.6A, a label must be placed on an item on a place that is accessible by the user.
Note Subsections (4) and (5) deal with situations where applying a label to the surface of a device is not possible or practical. Section 3.6A gives a supplier the option of labelling some types of item electronically.
(2) A label is not accessible if it is necessary to use a specialised tool to gain access to it.
(3) If a label includes both information mentioned in paragraph 3.1 (2) (b) and a compliance mark, the information and 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.
(4) For customer equipment, if it is not possible to apply a label to the surface of the equipment because of the size or physical nature of the equipment, or it is not practical to apply a label to the surface of the equipment, the label must be applied to:
(a) the external surface of the packaging used for the equipment; and
(b) the documentation (including any warranty or guarantee certificates) that accompanies the equipment when it is supplied to the user.
(5) For customer cabling, if it is not possible to apply the label to a surface of the cabling because of the size or physical nature of the cabling, or it is not practical to apply a label to the surface of the cabling, the label must be applied to the external surface of the packaging used for the cabling.
(6) A label applied to the external surface of the packaging used for an item must:
(a) occupy an area that is greater than 1% of that external surface; and
(b) be clearly visible.
(7) The supplier of an item to which subsection (4) or (5) applies must make and keep a record of:
(a) the reasons why subsection (4) or (5) applies to the item; and
(b) where each label is applied.
3.6A Electronic labelling
(1) A supplier may apply a label to customer equipment using the built-in display of the customer equipment.
(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 label.
(3) The 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) Section 3.4 and subsections 3.6 (1), (4) and (6) do not apply to a label applied under this section.
[9] Subsection 4.2 (2), including the notes
substitute
(2) An application to the ACMA for permission to use the compliance 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 4.8 (2)
substitute
(2) The supplier must complete a declaration of conformity that:
(a) is in a form approved by the ACMA for disability customer equipment; 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 (3) The supplier must submit a copy of the declaration of conformity to the ACMA.
[11] Schedules 4 to 5A
omit
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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