Radiocommunications Labelling (Electromagnetic Compatibility) Amendment Notice 2013 (No. 1)

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

1 Name of Notice

  This Notice is the Radiocommunications Labelling (Electromagnetic Compatibility) 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 Labelling (Electromagnetic Compatibility) Notice 2008

  Schedule 1 amends the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008.

Schedule 1 Amendments

(section 3)

 [1] Section 1.4, definition of compliance information

omit

[2] Section 1.4

insert

national database means a database designated in writing by the ACMA for the purposes of Part 4.  

 Note   A database may be designated by the ACMA for the purposes of Part 4 even if it forms part of another database or also serves purposes other than purposes provided for in this Notice.

[3] Section 1.4, note after the definition of RCM

omit

[4] Section 1.5 (table, item 2, column 2)

omit

insert

[5] Section 1.5 (table, item 3, column 2)

omit

insert

[6] Section 1.5 (table, item 5, column 2)

omit

insert

 [7] Section 1.5 (table, item 6, column 2)

omit

insert

[8] Section 1.5 (after the table)

insert

Note  Items 3 and 6 of the above table do not apply to a device if that device is labelled solely to comply with State or Territory electrical safety legislation and is not required to bear a compliance label by this Notice.

[9] Section 2.4, note

omit

[10] Section 2.5, note

substitute

Note  An effect of section 2.5 is that a compliance mark can only be applied to a device if the device complies with the requirements of this Notice and the Radiocommunications Devices (Compliance Labelling) Notice 2003.

[11] Part 3, heading

substitute

Form and placement of compliance labels

 [12] Section 3.1

substitute

3.1 Compliance labels

Requirement for devices (other than low risk devices) to bear compliance label

 (1) If an applicable standard applies to a device that is not a low risk device, and the device complies with the standard, the device must bear a compliance label, consisting of either:

 (a) the RCM; or

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

Note 1 The effect of section 4.2 is that a supplier must not apply a compliance label, consisting of the RCM to a device unless:

(a) the supplier is registered on the national database; or

(b) if the ACMA has not designated in writing a national database for the purposes of Part 4 – the supplier has been issued a supplier code number.

Note 2 The effect of section 4.2B is that a supplier must not apply a compliance label, consisting of the C-Tick mark to a device unless the supplier has been issued a supplier code number by the ACMA.  In accordance with section 4.2C, the ACMA will cease issuing supplier code numbers at the time the ACMA designates in writing a national database.

Note 3  The effect of section 2.3 is to exempt a device that:

(a)  is imported into Australia from New Zealand for supply; and

(b)   bears a New Zealand compliance mark that complies with New Zealand labelling legislation,

from the requirement for the device to bear a compliance label.

Note 4 Section 3.2 deals with the relationship between low risk devices and the labelling obligations. Suppliers must meet the same compliance level and record‑keeping obligations in relation to low risk devices even if a compliance label has not been applied to the device.

Note 5 A device that does not comply with an applicable standard is defined by subsection 9 (2) of the Act to be a non‑standard device, and is regulated under Division 2 of Part 4.1 of the Act.

Note 6 Paragraph 2.4 (b) provides that Part 3 of this Notice does not apply in relation to a device to which the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 applies.  Consequently, a device that is to be labelled with an A-Tick mark under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 before 1 March 2016 is not required to be labelled with a compliance mark under this Notice.

Location of compliance label

 (2) Subject to sections 3.6 and 3.6A, the compliance label must be placed on the device on a place that is accessible by the user.

Note  Section 3.6 deals with situations where applying a label to the surface of a device is not possible or practicable. Section 3.6A gives a supplier the option of labelling some types of devices electronically.

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

[13] Section 3.5

substitute

3.5 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 3.6A (4)

omit

Subsection 3.1 (4)

insert

Subsection 3.1 (2)

[15] Part 4, heading

substitute

Part 4 Conditions for application of compliance label

 [16] Subsection 4.1 (2)

omit

4.2,

 [17] Section 4.2

substitute

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

  A supplier must, before a compliance label, consisting of the RCM is applied to a device, either:

(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 Part – 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.

4.2A 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:

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

  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 4.2A (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.

4.2B Use of C-Tick mark

  A supplier must not apply a compliance label, consisting of the C-Tick mark to a device unless the supplier has been issued a supplier code number by the ACMA.  

4.2C Issue of supplier code number

 (1) This section applies unless the ACMA has designated in writing a national database for the purposes of Part 4.

 (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. 

[18] Schedule 3, Part 1, note after C-Tick mark design

substitute

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

 [19] Schedule 3, Part 2, note after RCM design

substitute

Note  The RCM is a protected symbol for section 188A of the Act. The RCM is a trademark owned by Australian and New Zealand Regulators.