Radiocommunications (Compliance Labelling - Electromagnetic Radiation) Amendment Notice 2013 (No. 1)

Administered by Department of Communications and the Arts

Legislation au C2013G00145 In force Gazette

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Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2013 (No. 1)

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Notice under section 182 of the Radiocommunications Act 1992.

Dated 17th January 2013

Chris Chapman
[signed]
Member

Richard Bean
[signed]
General Manager / Member

 

Australian Communications and Media Authority

1 Name of Notice

  This Notice is the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2013 (No. 1).

2 Commencement

  This Notice commences on:

(a)   1 March 2013; or

(b)   the day on which it is published in the Gazette;

whichever occurs last.

 Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

3 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)

  insert

  ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

[2] Subsection 4 (1), definition of AS 2772.2

omit

 

[3] Subsection 4 (1), definition of compliance mark

substitute

compliance mark means the C-Tick mark or the RCM. 

 

 

[4] Subsection 4 (1), definition of C-Tick mark

substitute

C-Tick mark means the mark set out in Part 1 of Schedule 1.

[5] Subsection 4 (1)

insert

national database means a database designated in writing by the ACMA for the purposes of Division 2.2.  

Note   A database may be designated by the ACMA for the purposes of Division 2.2 even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.

[6] Subsection 4 (1), note after the definition of RCM

omit

[7] Section 8, note

omit

[8] After section 8

insert

8A Relationship between this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003

  If a device to which this Notice applies is also a device to which
the Radiocommunications Devices (Compliance Labelling) Notice 2003, as in force from time to time, applies, the requirements in this Notice are additional to the requirements under that Notice.

Note   An effect of section 8A is that a compliance mark can only be applied to a device if it complies with the applicable requirements of this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003.

[9] Part 2, Division 2.2, heading

substitute

Division 2.2 Registration on national database and issue of supplier code numbers

[10] Section 10

substitute

10 Use of RCM subject to registration on national database or issue of supplier code number

  Before a supplier applies a compliance label consisting of the RCM to a device, the supplier must:

(a)     be registered on the national database; or

(b)     if the ACMA has not designated in writing a national database for the purposes of this Division – have been issued a supplier code number.

  Note  Under section 187 of the Act, a supplier that fails to comply with requirements that must be met before a label has been applied to a device may be subject to a pecuniary penalty.

10A Registration on national database

 (1) To be registered on the national database a supplier must, using a method which the database indicates is a method for including information on the database, provide:

 (a)  information identifying the supplier;

 (b)  the supplier’s address in Australia; and

 (c)  the name and contact details of a representative of the supplier.

 (2)  For paragraph (1) (a), information identifying a supplier consists of the supplier’s ABN and 1 of the following pieces of information in relation to the supplier:

 (a)  if the supplier is a body corporate, the name of the body corporate;

 (b)  if the supplier is an individual, the name of the individual;

 (c)  a business name used by the supplier in connection with its business as a supplier and registered as a business name under the Business Names Registration Act 2011.

 (3) If the information provided by a supplier for inclusion in the national database subsequently changes, the supplier must, within 30 days after the change occurs, update the national database with the changed information using a method which the database indicates is a method for updating information on the database.

 (4) In this section:

  representative of the supplier means:

(a)        an employee of the supplier;

(b)        an officer of the supplier; or

(c)        a person authorised in writing for the purposes of this section by the supplier or an employee or officer of the supplier. 

  officer of the supplier means:

(a)        if the supplier is a corporation for the purposes of the Corporations Act 2001, an officer of a corporation as that term is defined in section 9 of the Corporations Act 2001; or

(b)        if the supplier is an entity that is neither an individual nor a corporation for the purposes of the Corporations Act 2001, an officer of that entity as defined in section 9 of the Corporations Act 2001. 

Note 1 The requirement for a supplier to update the information provided by it for inclusion in the national database imposed under subsection 10A (3) is an ongoing requirement.  Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may be subject to a pecuniary penalty.

Note 2 Information provided by a supplier for inclusion on the national database for the purposes of this Notice will be made publicly available.

10B Use of C-Tick mark

  Before a supplier applies a compliance label consisting of the C-Tick mark to a device, the supplier must have been issued a supplier code number by the ACMA. 

10C Issue of supplier code number

 (1) This section applies unless the ACMA has designated in writing a national database for the purposes of this Division.

 (2) A supplier may apply in writing to the ACMA for a supplier code number.

 (3) The application must be in a form approved by the ACMA.

  Note The ACMA makes approved forms available on its website.

 (4) Upon such application being made, the ACMA may issue to the supplier a supplier code number.

[11] Paragraphs 11 (4) (a) – (d)

substitute

(a) an ABN; or

(b) an Australian Company Number (ACN); or

(c)   an Australian Registered Body Number (ARBN).

[12] Section 19

substitute

19 What is a compliance label

 (1) A compliance label for a device is a label that meets the requirements of this section and sections 19A to 19D.

 (2) The label must consist of either:

(a)   the RCM; or

(b)   if the label is applied before 1 March 2016 – either of the compliance marks.

Location of compliance label

 (3) 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.

 (4) A label is not accessible if it is necessary to use a specialised tool to gain access to it.

[13] Section 19B

 

substitute 

19B Format of compliance label

  A compliance mark must be at least 3 mm high.

  Note  This Notice does not prevent a supplier from applying its own additional supplier identification details onto a device.

[14] Subsection 19D (4)

omit

Subsection 19 (5)

insert

Subsection 19 (3)

[15] Schedule 1

substitute

Schedule 1 Compliance marks

(subsection 4 (1))

 

Part 1 The C-Tick mark

 

 

Note   The C-Tick mark is a protected symbol for section 188A of the Act.

 

Part 2 The RCM


 

 

Note   The RCM is a protected symbol for section 188A of the Act.

Overview

The Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2013 (No. 1), made under section 182 of the Radiocommunications Act 1992, was enacted to address the need for updated compliance labelling requirements for devices emitting electromagnetic radiation. This legislative instrument was introduced by the Australian Communications and Media Authority (ACMA) to ensure that devices meet certain standards before they are placed on the market. The overarching policy objective is to maintain public safety and ensure compliance with specified radiocommunications standards. The Notice commenced on 1 March 2013, or the date of its publication in the Gazette, whichever is later. It amends the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003, primarily by updating the definitions of compliance marks and introducing new requirements for the registration of suppliers on a national database or the issuance of supplier code numbers before applying compliance labels to devices.

Scope and Application

The Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2013 (No. 1) amends the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003, which applies to suppliers of radiocommunications devices in Australia. The Notice sets out requirements for the use of compliance labels on devices that emit electromagnetic radiation, ensuring these devices meet specified standards to minimise potential health risks. This Notice applies to all suppliers of radiocommunications devices in Australia, including manufacturers, importers, and retailers. It stipulates that suppliers must use either the RCM or the C-Tick mark on their devices, depending on when the devices are manufactured. Suppliers must also either be registered on a national database designated by the Australian Communications and Media Authority (ACMA) or have a supplier code number to legally apply these compliance labels. The Notice further mandates that the compliance label must be at least 3 mm high and placed on a part of the device accessible to users without requiring special tools. Additionally, the Notice clarifies that its requirements apply in addition to those of the Radiocommunications Devices (Compliance Labelling) Notice 2003, meaning devices must comply with both sets of regulations. Any failure to comply with these requirements may result in pecuniary penalties under the Radiocommunications Act 1992.

Key Provisions

The Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2013 (No. 1) introduces amendments to the Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Notice 2003. The Notice requires suppliers to adhere to specific compliance labelling requirements for devices that emit electromagnetic radiation. Key sections of the Notice include the definition of terms such as ABN, compliance mark, C-Tick mark, national database, and RCM, as well as the stipulation that the requirements of this Notice supplement those of the Radiocommunications Devices (Compliance Labelling) Notice 2003 (subsection 4(1)). Suppliers must either be registered on a national database or hold a supplier code number issued by the Australian Communications and Media Authority (ACMA) before applying a compliance label to a device (section 10). For the RCM, registration on the national database is mandatory, while for the C-Tick mark, a supplier code number is required (sections 10A and 10B). The national database requires suppliers to provide their ABN, address, and representative details, with ongoing obligations to update this information (section 10A). The format of compliance labels mandates a minimum height of 3 mm for the compliance mark (subsection 19B(1)). Suppliers are obligated to ensure that their devices bear a compliance label that meets the specifications outlined in the Notice. This involves either registering on the national database or obtaining a supplier code number, depending on whether the ACMA has designated a national database (sections 10, 10A, and 10B). The Notice also specifies that compliance labels must be accessible to users without the need for specialised tools (subsection 19(3)). Additionally, the Notice allows suppliers to include their identification details on the device alongside the compliance label (Note, subsection 19(1)). Failure to comply with the requirements of this Notice can lead to significant consequences. Under section 187 of the Radiocommunications Act 1992, a supplier who does not meet the prerequisites before applying a label to a device may face a pecuniary penalty. Furthermore, section 187A imposes penalties for failure to comply with ongoing requirements, such as updating information on the national database. Suppliers found in breach of these provisions may be liable for fines, the specifics of which are not detailed in the Notice but are subject to the general penalty provisions of the Act.

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Technology Law
Instrument
Gazette Notice
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Definitions & Interpretation
Compliance Obligations
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Compliance Labelling

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.